My company has an approved labor certificate for a software developer position. But the approved labor certificate is misplaced and lost. So we do not have the physical copy of the labor certificate. But after checking the immigration DOL database I confirmed that the Labor certification was actually approved. My company lost the labor certificate or did not pursue it further as the original employee had left the company. I want to use this labor certificate as I meet the requirements on the day of filling. The problem is it is lost and I do not have a physical copy of it either. Can anyone help me on how I can go about using this valuable approved labor certificate for my case using labor substitution. Any help will be greatly appreciated.
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Labor Substitution: Original Labor Certificate Lost / Misplaced
- Thread starter ab1975
- Start date
Let me answer my own question above. So i had applied based on a lost labor certificate in the labor substituion category. My application was completely denied. The immigraiton officer in the denial letter said that they are denying on the basis that i do not have an approved labor certificate for my 140. They asked me to first apply for a labor certification. So it seems they did not understand the case at all. They were thining I am applying for 140 without a Labor certificate. so we filed a motion to reopen. In that we explained in detail the scenario. That the labor certificate is lost and we are applying based on that labor certificate for labor substituion. This was sometime in July 2006. Then 2 months later we got a letter informing that our case has been reopened. 140 was reopened and so was 485. So that was positive then around 1st week on Nov , 2006 we received the approval for 140. Then Nov 30th, 2006 the lawyer received a notification email indicating the 485 is approved. So the case moved very fast after the motion to reopen. I hope this helps someone in same situation. But this seems more like Good Luck than anything else.
PBEC_Victim
Registered Users (C)
When you file for I140/485 what kind of evidence that your attorney present to USCIS? Mine is similar to your case but I am using my labor only. We never received copy of approval. So my attorney filed my case asking USCIS to request copy of labor from DOL.
Thanks,
Thanks,