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

talkative

Registered Users (C)
LCA - 01 said:
I think it's possible to use experience gained in current job. The job position in sub labor has to be different than your current job. I would suggest you contact good lawyer and seek advice.

Good Luck.
Don't confuse. Using experience gained with current employer is one issue. Using experience gained after LC was filed is another issue.

Using experience gained with current employer till the time of filing LC is covered by what you state above.

But it does nothing at all to allow using experience gained after filing LC. Doesn't matter if it was sub or original labor, current or some other employer. You should have required qualifications the day LC was filed. Period.

You should talk to a lawyer, and let us know if they say something different.

~T
 

cice

Registered Users (C)
I-140 or Concurrent filing?

Hi folks, I am going to file I-140 with a sub labor cert soon, have a few questions:
1. The attorney suggesed filing I-140 only instead of concurrent I-140/485 because it's labor sub, more complicated than regular case and he'd like to be more conservative. Does it make sense? What will I lose if I go with his suggestion?
2. How long does it take to process I-140 these days in CA? (the sub labor cert is EB-2, PD Feb-2001)
3. The proposed elimination of labor cert sub is coming soon, how will our I-140 cases be affected if they are still pending by the time the new ruling enacted?

Thanks a lot,
c
 

p9k

Registered Users (C)
Gurus,

How many days it take to get LIN no. for I-140 / 485 if you file under Labor Substitution in my case its more than week , no news yet....
 
Status enquiry?

somethingspecia said:
:)

I was busy for a while and not checking the forum recently. Would like to share some good news with dear members of the forum. I got a e-mail notification, this weekend -- My 140 is approved. Its a big relief. No news about the 485 and I am not worried much at this point.

Mine is EB3 - Substitue labour (Priority date of Jan 2002)-- Filed in First week of Aug /2004 - Pure Concurrent. RFE in March 1st week-05 ( Paystubs / W2/ Exp letter etc., ). Replied to RFE is March End -05. Sent an status enuiry on June 8 Th. and Case is approved on June 17th. I guess enquiry worked in my case.

Thanks you all - for your valuble suggestions. Good Luck to all
Hi somethingspecial, good to know that your I-140 got finally approved. My case is almost similar. I replied to the RFE but no result yet. Can you tell how to send the enquiry that you talked about. I would like to try.

Thanks
 

shail007

Registered Users (C)
p9k said:
Gurus,

How many days it take to get LIN no. for I-140 / 485 if you file under Labor Substitution in my case its more than week , no news yet....
I am also in the same boat. Mine 140/485 got filed on July 7th. Does anyone know when should i expect my receipt notices?
 

p9k

Registered Users (C)
shail007 said:
I am also in the same boat. Mine 140/485 got filed on July 7th. Does anyone know when should i expect my receipt notices?

I got my LIN no. yesterday and visa no. A.......

I came to know recently that for my I-140 labor substitution.

The guy who changed/left the company already got his GC as he left after I-140 approval and 6months after filling of 485.

but my lawyer still says that we can use that labor(allready did filled) for my substitution. Lawyer says that guy used AC21 to get his green card....so I am good as per him..........

Confused.....gurus ...lawyers shed some light....thanks to replies
 
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pdman

Registered Users (C)
I140 RFEs

Hi,

I was wondering if we can compile a list of RFEs recieved during I140 for Sub Labor then we can tackle most of it before we file for I140.

Please add to the following list if you know of a different one:
1. Ability to pay
2. Education and experience letters must with respect to the PD of sub labor.
3. Employees W2

thanks
pdman
 

aves

Registered Users (C)
somethingspecia said:
:)

I was busy for a while and not checking the forum recently. Would like to share some good news with dear members of the forum. I got a e-mail notification, this weekend -- My 140 is approved. Its a big relief. No news about the 485 and I am not worried much at this point.

Mine is EB3 - Substitue labour (Priority date of Jan 2002)-- Filed in First week of Aug /2004 - Pure Concurrent. RFE in March 1st week-05 ( Paystubs / W2/ Exp letter etc., ). Replied to RFE is March End -05. Sent an status enuiry on June 8 Th. and Case is approved on June 17th. I guess enquiry worked in my case.

Thanks you all - for your valuble suggestions. Good Luck to all

Can u share the PD on your 140 approval? I got my 140 approved but my PD was set to the date I applied for my 140 instead on the Labor PD.
 

dsugandhi

Registered Users (C)
p9k said:
I got my LIN no. yesterday and visa no. A.......

I came to know recently that for my I-140 labor substitution.

The guy who changed/left the company already got his GC as he left after I-140 approval and 6months after filling of 485.

but my lawyer still says that we can use that labor(allready did filled) for my substitution. Lawyer says that guy used AC21 to get his green card....so I am good as per him..........

Confused.....gurus ...lawyers shed some light....thanks to replies
Your lawyer is right.
 

dsugandhi

Registered Users (C)
aves said:
Can u share the PD on your 140 approval? I got my 140 approved but my PD was set to the date I applied for my 140 instead on the Labor PD.
aves,

Here is the rule for PD:
If I-140 was filled before by someone else on the original labor and was approved then you will get the PD as I-140 filing date.
If I-140 was never filled, and you are the first one to file I-140 with substitute labor then you will get the original labor PD.

I hope it helps.
 

arouncoumar

Registered Users (C)
dsugandhi said:
If I-140 was filled before by someone else on the original labor and was approved then you will get the PD as I-140 filing date.
Where did you find this? If the 2nd guy files I140 on the same labor, then employer has to revoke the first guy's I140 which results in getting labor's PD. Else it would be as if 2 I140's are issued based on 1 labor which is not possible.
 
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