I140's with Labor Sub -- Pls Update CT123,140_140_140

hanuman_chalisa

Registered Users (C)
Why have you not applied for I-485? Did your lawyer advise against it?
Because you labor subsitute is not too close of a match?
Or you just don't want to take ANY risk?

I'm asking this because, i'm planning to apply for I-485 even though my I-140 is pending (applied July 15, 2004).
Is it a good idea? What are your thoughts?.

Thank you,
Jai Hanuman
 

dasbabu

Registered Users (C)
My I-140 got approved

Hi All,
Now, finally it is my turn to get the I-140 approval.
My story/details goes like this:

I-140 with labor substitution filed on 10/10/2003
I am EB-2. Company size ~5000, some layoffs
No RFE; my application was not touched at all till
Nov 2nd, 2004. Suddenly LUD changed to Nov 2nd and then Nov 3rd.
Online status still shows "Received", but my attorney
received the approval notice (I am not complaining :)

That's it. am planning to go for 485.
Thanks to many people in this forum.
Best of luck to all the people waiting ...

Dasbabu
 

RintuG

Registered Users (C)
Are non concorrent cases being processed late? the INS processing time says 22nd march2004 . My I140 RD is march 2nd 2004 ( Non concurrent EB2)and I dont see the LUD changed for me at all. So are these people working only on the concurrent filed cases and moving ahead updating their processing times?
 
I140 (substitution labor, non-current, EB3) with CSC

Hi:
I have applied for I-140 (substitution Labor, EB3) with California Service Center in July 2002. I have not applied for I-485 so far.

CSC has not cleared my I140 so far??? Has Any one in the same boat like me?
If so, what is ur current position. please help.

Please let me know has any one got approved in such cases filed in 2002.
Thanks
Sairam
 
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solaris_7874

Registered Users (C)
Labor subs

Hi all,
I filed for my I140/485 concurrently after labor substitution just last week. I haven't received any receipt notices yet. My questions were : (1)What will be my priority date now that I am using labor substitution? Is it the day when the substituted labor was filed OR is my I140/485 file date? (2) Any idea how long it takes to get receipt notices nowadays?

Appreciate your reply.

-Thanks
 

hlgc

Registered Users (C)
I140/485 with substitute labor

Hi I140helppls,

how soon do we find out about what priority date is attached. My I140/485 was filed with a substitute labor last week.

Thanks.
 

I140inCA

Registered Users (C)
substitute i140s inherit the filing date of their original labor as priority date. you will see your pd on the notice CIS sends you shortly after receiving your application. the original labor's filing date is used for retrogressed applicants as well- at least to the best of my knowledge.

hope this helps,
i140inca
 

I140helppls

Registered Users (C)
re:

i know there is lot of confusion over this.
my PD is listed on my I140 approval notice. dont know whether thats correct b'cos i have read at many places that this might be a USCIS error. lets wait and see
 

microdev1

Registered Users (C)
PD of original labor in I-140 RFE

I saw my I-140 RFE and in that it is specifically specified that ability to pay should be proved from the priority date of the original labor.
In my case, labor PD is Sept'99 and they have even specified this date in I-140 RFE from which they want ability to pay proof.
Now it make sense that PD will be Sept'99 for my application bcoz they have explicitly specified this date as PD in RFE.

My common sense says that if they want ability to pay proof from Sept'99, then they should consider that to be PD.Otherwise they should ask for proof from March'04, which is my I-140 RD.

But still, I would not bet on this assumption.
 

joshi343

Registered Users (C)
I-140 RFE, No priority date on receipt notices

CSC Sub. labor (do not know filing date may be from 2001 or early 2002)
I-140/485/765 EB3 RD - 11/24/04, ND - 11/30/04

a) Priority Date sec is blank on all the receipt notices. I am assuming PD is 11/30/04 and not the original labor filing date

b) RFE issued on 1/10/05 ; following documents requested
b.1) Clarify whether bene. will be working in-house or contracted out.
b.2) # of employees, amount of work, their positions, examples of contracts and specifics on projects, whether sufficient work is there to employ them.
b.3) Form DE-6, Quarterly Wage report.
b.4) Business licese.
b.5) 2004 W2 form
b.6) Employment letter with title, duties, date of employment/experience and # of hours worked per week.
b.7) Original educational certificates.

I assumed RFE might involve 1-2 documents, is it not unusual to ask for so many ?

EAD ??
AP did not apply.
 
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takegc

Registered Users (C)
joshi343 said:
CSC Sub. labor (do not know filing date may be from 2001 or early 2002)
I-140/485/765 EB3 RD - 11/24/04, ND - 11/30/04

a) Priority Date sec is blank on all the receipt notices. I am assuming PD is 11/30/04 and not the original labor filing date

For me PD was for the PD of the labor (subs. labor).

b) RFE issued on 1/10/05 ; following documents requested
b.1) Clarify whether bene. will be working in-house or contracted out.
b.2) # of employees, amount of work, their positions, examples of contracts and specifics on projects, whether sufficient work is there to employ them.
b.3) Form DE-6, Quarterly Wage report.
b.4) Business licese.
b.5) 2004 W2 form
b.6) Employment letter with title, duties, date of employment/experience and # of hours worked per week.
b.7) Original educational certificates.

I was also asked for similar list of documents except for b.4) and b.7). We submited all the documents and my case got approved. So dont worry and prepare to the RFE response as best as you/attorney/company can.

I assumed RFE might involve 1-2 documents, is it not unusual to ask for so many ?

EAD ??
AP did not apply.
My replies are inline

Thanks,
takegc
 

GannyMids

Registered Users (C)
I - 140 / 485 Withdrawal

Sorry guys if this question doesn't fall through the thread I am posting into. My question is when Employer withdraw I-140 which is under processing, does labor attached with that I-140 assumed as used or original Labor will come back and employer can use for some other person.
And what's the procedure for I-485 withdrawal.

Really appreciate you guys.

thanks
 

gcwait2005

Registered Users (C)
hi,

as specified on murthy.com the priority date will be the labour priority date whether it is our labour or some other's labour substitued for us

A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB case was filed in a category that does not require labor certification, then the priority date assigned by the INS is the date the I-140 (Immigrant Visa Petition) is received by the INS Service Center.

if u need more info go through the following link

http://www.murthy.com/news/UDpdhdtw.html
 

gcwait2005

Registered Users (C)
i found it so. because we need to send our labour certification along with I-140 . if anybody find it different, please post. u r most welcome
 

hanuman_chalisa

Registered Users (C)
I-140 with Labor Substitution APPROVED

Yesterday night i recieved email from USCIS

"Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
This case has been approved. On February 22, 2005, an approval notice was mailed."

Summary:
=======
Original Labor filed July 2001
RFE in State, answered by Lawyer, moved to DOL
RFE in DOL, answered by Lawyer.
REJECTED by DOL in Dec 2003
I had MSCS + 3years exp. filed as MSCS + 2years Still got rejected.
Appeal filed against DOL decision with BALCA in April 2004

Meanwhile convinced HR to file Labor Substitution.
Filed Labor Sub I140, MSCS + 1 year in July 2004.
Feb 22, 2005 approved!

My company did not allow concurrent filing for I140/485.
Filed 485 in Jan 2005. Lets see how that goes in the some what (hopefully) happy ending Saga.
 
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