Labor Certification Problems - Need immediate assistance-Your help highly appreciated

R

rajananand

New Member
I am currently on my 7th Year extension which is valid till 20th April 2004. I have an earlier approved I140 from an earlier company. My current company filed Labor for my GC on Aug 2001 in EB2 RIR. Now I come to know that my labor has been questioned by the DOL New Jersey where it was filed. What are my options? Should my company reply to this query to prove my case? What happens if that gets rejected. Will I still be able to get H1 B extentions based on my previous approved I140 that I have from the earlier company? Should I ask my company to drop the RIR category? What happens to my priority date if we drop RIR . Will I be waiting in line again for my labor or does that mean I keep my date of Aug 2001. I have applied for 2 patents from my company, Can those be of any help to me?
 
rajanand:

You have not mentioned what options were presented along with your assessment notice from the Labor dept of New Jersey.

However if you do choose to convert your RIR to non-RIR regular, you still retain your priority date that you had earlier.


So your labor would still be pending and you should be able to apply for extension based on that.

you can also apply for extension based on the fact that you filed for I-140 earlier thru a different employer. Its upto your attorney to decide what is best.

Since you have mentioned that your H-1B expires in April, you should be able to file for your extension 6 months before that date.
 
Go to a good lawyer if you have approved I-140 and have copy of it, check it on BCIS ONLINE if it has not been revoked. If not revoked file I-485 EAD, AP based on I-140 and you may get EAD, AP and if you cross I80 days from I-485 filing you can use AC21. No need to inform past employer. Normally a letter of future job offer is filed with I-485 but nobody is going to check it till the time they are going to approve it 18-20 months later and after your I-485 hits 180 days send the letter of future job from new/current employer to use AC21 nobody is going to search for the letter from previous employer as new letter will be at top. If you have good relations with past employer request the past employer not to revoke approved I-140 and file I-485, EAD, AP. Or enter in to a DEAL with past employer; I hope you understand the DEAL

RFE for your current LC from NJ should be replied by your lawyer, keep that LC continue as back up
 
Interesting.....

Ginnu,

I am wondering if its true.... that one can apply for AOS if he gets I140 approved from previous employer.....

But how about the letter from that past employer for filing along with the AOS application? Do you mean to say..... take a letter for future employment from that company?

Can you put some light on this? please... it would be helpful.

My case.... i got laidoff between I140 approval and applying AOS.
Getting any kind of letter from this american company is next to impossible....
 
I am wondering if its true.... that one can apply for AOS if he gets I140 approved from previous employer.....
--Many have done this
But how about the letter from that past employer for filing along with the AOS application?
------------ Letter from previous employer is not MUST, they only check I-140 if that is approved I know a friend who had only I-140 filing receipt and lawyer filed I-485,EAD, AP and he got EAD, AP and I-485 filing receipt recently after filing I-485 when that hit 180 days he sent letter from New employer and informed BCIS that his intent has changed, read the recent BCIS memo it does not say that you should be working or worked with the employer who filed for I-140
Do you mean to say..... take a letter for future employment from that company?
------------- No letter needed when you file I-485 from the employer who got I-140 approved and is still Approved, lawyer will draft a cover letter, once your I-485 hits 180 days and previous employer has not revoked I-140, just send letter from new employer
Can you put some light on this? please... it would be helpful.

My case.... I got laid off between I140 approval and applying AOS.
---------- If you have I-140 filing receipt or I-140 approval check it on BCIS online if it still shows approved take the risk of filing I-485, EAD, AP
Getting any kind of letter from this american company is next to impossible
------------ Letter not needed, they are not going to look for letter, first they will look if you have I-140 approved, they can check BCIS computer.If I-140 status still shows I-140 approved attach receipt notice and later after filing I-485 when it hits 180 days send letter from new employer and use AC21
 
Great

This is wonderful analysis and news......

ofcourse the $1400$ we spend on it is always risk.
Can you tell me who were successful in this kindof cases so that i can talk to them personally....







I140 cleared... I got laid off. (company A)
LC cleared.... company closed down (company B)
Now again LC cleared... (company C) employer waiting for good
time to apply I dont know what is thier good time.


How do i check if my I 140 revoked or not? the online status in immigration.com is showing only they recieved it on so and so date and blaw .. blaw.....

But I have the cleared I 140 approval notice....


thanks Ginnu.....
 
Last edited by a moderator:
This is wonderful analysis and news......

of course the $1400$ we spend on it is always risk.
--------YES, If I-140 is revoked before your I-485 hits 180 days
Can you tell me who were successful in this kindof cases so that i can talk to them personally....
--- Sorry I don’t disclose the identity of others with out the permission from others it is beyond the ethics


my address is stunpad@rediffmail.com.

I am kind of looser.

I140 cleared... I got laid off. (company A)
LC cleared.... company closed down (company B)
Now again LC cleared... (company C) employer waiting for good
time to apply I dont know what is thier good time.

--- If your LC is approved by C then no need to do the above because your employer is going to file I-140 and I-485, EAD, AP
How do I check if my I 140 revoked or not? the online status in immigration.com is showing only they received it on so and so date and blaw .. blaw.....
---- If the BCIS Online says Received and does not say case was APPROVED it means it is NOT approved, how do you claim that your I-140 with company A was approved? Do you have approval copy?
But I have the cleared I 140 approval notice....
--------- Do you mean you have copy of I-140 that was approved? If Yes then check with NCSC on I-800# at night time and it will give you options and punch your I-140Reciept# that starts with EAC or WAC or LIN and listen to AVM
 
Thanks Ginnu and jnathan

You guys are great. Thank you for your help in this matter. I will work on your advice and keep posting my progress so that I can keep getting these helpful pointers. Whether I get my GC or not I would like to take this opportunity and thank all those who look at these questions and invest their time in replying. You guys are great. Thanks a bunch.

Rajan
 
Thanks Ginnu....

Thats true.. I have I 140 cleared.. and i have approval notice from VSC... it was in may 2001 ... from NY.

Thanks for all your time and help.
 
GCCRAWL:
If AVM or BCIS onlene still sows the I-140 approved then file the I-485, EAD, AP No need to inform your friends or old company just wait for the I-485 filing receipt and then pray for 180 days that I-140 does not get revoked. take the help of good lawyer to file the I-485,EAD, AP.
Good Luck!!
 
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