I-140 without LCA

S

stillno140

New Member
my attorneys applied for I-140 without LCA. they claim they have info that LCA has been approved but they haven\'t received original from DOL. now INS is refusing to approve 140 without LCA and attorneys say they have no authority to request duplicate from DOL. INS says they have requested LCA from DOL without success and they cannot do anything beyond requesting. Any suggestion would be greatly appreciated.
 
stillno140,

Go to http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_656/20CFR656.30.htm and scroll down to the point e. Please show your lawyer the point e:

(e) Certifying Officers shall issue duplicate labor certifications only upon the written request of a Consular or Immigration Officer. Certifying Officers shall issue such duplicate certifications only to the Consular or Immigration Officer who submitted the written request.

An alien, employer, or an employer or alien\'s agent, therefore, may petition an Immigration or Consular Officer to request a duplicate from a Certifying Officer.

[45 FR 83933, Dec. 19, 1980, as amended at 56 FR 54930, Oct. 23, 1991]
 
The problem is that sometimes the INS is ignorant about this procedure. I would suggest that your lawyer writes an offical petition to the INS that they have to request from the DOL a duplicate of your LC. I would also suggest that your lawyer sends with the letter a printout of the above point e. Good luck!
 
Very, very good Marta!

That is exactly correct! INS screws it up sometimes. The attorney needs to quote 20 C.F.R. 656.30(e) and make INS get the duplicate from DOL. It takes a long time. If INS issues a denial, the attorney needs to file a request to correct a service error and INS should reopen the case (I just did this for a case I inherited). It adds several months to the I-140 processing time even if INS does it right but the case should be approved eventually as long as there really is an approved LC that has not been used for someone else.

Good luck.

 Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Changed Company before the Labour approved

Could any body help me out.

Actually, I was employed by company A and my GC was submitted in April, 2001 under RIR category in Boston.
Then I was laid off by company A.

I was able to find another job with Company B, in the same place ie. Boston with same responsibities.

My labour application is still not been approved.

My question is can I transfer the labour certification which was applied by Company A to my new company ie. Company B.

Thanks
 
No Title

Sorry, but the LC for your position with the company A belongs to them not to you. They can use it for somebody else in the same position who works or will work for this company. Your new company B has to start with a new LC.

However, the company A could keep processing your GC if they agree to employ you once you get your GC (GC is for a future position, you do not have (but may) to work for them until you get your GC).

Good luck!
 
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