Labor Substitution with copy of Labor certificate

[140_485]

I am starting this thread for people who have filed I-140 with copy of labor certificate.

Since there are not many of us who have done this, it would help us all to share our information and track progress of our peers.

Please atleast post your information like ND,original labor PD,current status, LUD etc.

For those who are not aware of this situation, One can use labor substitution even if the previous employee had applied (even got approved) 1-140. In such cases since the original copy of the labor would have been sent to INS while filing 140 for previous employee, Substituted applicant must use a copy of Labor certificate and request INS(USCIS) to locate the original labor.

INS can not proceed with processing till the original labor is located this can take anywher from months to years (particularly if the original applicant had selected CP option)

PLEASE SHARE YOUR INFORMATION HERE ONLY IF YOUR 140 WAS FILED WITH COPY OF LABOR CERT

 

[140_485]

My info

140 RD Jan 7, 2005 (applied with copy)
485 RD Jan 7, 2005
EAD approved
AP approved
FP Done
PD on original labor Sep 1999

 

[railpra]

Waiting from April 2002

I am probably the oldest guy in this category.My details (CSC 140-labor substitution filed with copy of ETA 750) are

140 rd/nd April 30,2002.
140 amended petition in Sept 2002 for comp name change.
485 concurrent filing rd/nd Sep 10, 2002.
1st FP in Nov 2002.
RFE issued on 140 in Mar 2004 for company financials and experience letter formats.RFE replied on May 14 2004.

EAD/AP recieved in Sept 2004.
Recently Wife got the 2nd FP notice - scheduled for April 7th 2005. I have not yet got the 2nd FP notice.According to CSC they will not initiate FBI namecheck or 2nd FP for me until 140 is adjudicated.

Numerous enquiries by lawyer elicit the same response - i.e. waiting for original file. Not sure if the original beneficiary opted for CP or whether his 140 was approved. There have been LUD changes once every 2 months starting Sep 2004. Latest info from AILA CSC liasion on Jan 11 2005 indicated the same status - waiting for original file.

 

[gc_nh]

Joning the band wagon

I just found out from my attorney that my case is also filed with a copy of labor.
Below are my details.
Does any one know typically how much more time than normal it takes in such cases, assuming the previous beneficiar had not applied for CP ?

 

[GCTake2Long]

Waiting from April 9, 2004

Two inquires, two LUDs. Both responses say - "waiting for the original file". The original applicant's 140 was withdrawn 2 months after it was filed. So it did not get approved. My application was filed with a copy of the labor and the withdrawal letter.

 

[gc_nh]

What if 140 for the previous beneficiary is already approved?

Should the I140 be withdrawn before it is approved?
In my case the first person's 140 was approved but was never used by the original beneficiary.
My company claims that they withdrew the 140 and they are using the same LC for me.
Is this a valid thing to do?

 

[140_485]

Should the I140 be withdrawn before it is approved?
In my case the first person's 140 was approved but was never used by the original beneficiary.
My company claims that they withdrew the 140 and they are using the same LC for me.
Is this a valid thing to do?

Not necessarily. Company can withdraw the 140 even after it was approved. If they want to use previously approved LC for a new employee they just need to add a withdrawal letter with the new 140 papers.
Thats how my company did it for me

 

[140_485]

I am probably the oldest guy in this category.My details (CSC 140-labor substitution filed with copy of ETA 750) are

140 rd/nd April 30,2002.
140 amended petition in Sept 2002 for comp name change.
485 concurrent filing rd/nd Sep 10, 2002.
1st FP in Nov 2002.
RFE issued on 140 in Mar 2004 for company financials and experience letter formats.RFE replied on May 14 2004.

EAD/AP recieved in Sept 2004.
Recently Wife got the 2nd FP notice - scheduled for April 7th 2005. I have not yet got the 2nd FP notice.According to CSC they will not initiate FBI namecheck or 2nd FP for me until 140 is adjudicated.

Numerous enquiries by lawyer elicit the same response - i.e. waiting for original file. Not sure if the original beneficiary opted for CP or whether his 140 was approved. There have been LUD changes once every 2 months starting Sep 2004. Latest info from AILA CSC liasion on Jan 11 2005 indicated the same status - waiting for original file.

Thats scary that such cases can remain unapproved even after 3 years. Wish we all get our 140s before this year end.
I appreciate your persistance

 

[gc_nh]

waiting 2 to 3 years for 140 sounds really scary.
I wonder if this is true for eveyone who uses copy of labor certificate?
I mean, typically how soon USCIS can find the original LC? Is it always the case they put such cases on hold with low priority?
Are there people whos 140 was approved in timely manner who had applied with copy of LC?

 

[anjuvinu]

Mine was also applied with COPY of labor. The original labor is attached with another I-140 (that guy Y no more works for the company) and attorney has requested to withdraw that I-140 and move original labor to my file. Even before that this labor was used for guy X (who also left company) and I-140 was approved for X on this labor. quite complex situation...

 

[vicky007]

Hello everybody,

I was applied on a Pre-approved labor in April 2004 on the basis of a Photo-Copy.The Original LC is Lost.The PD for the Original Labor is June 2002.

There was no I-140 filed for the Original Beneficiary as he was fired soon after his labor approval.

VSC Sent the first RFE for Original Labor and the lawyer wrote back that USCIS has to ask for the same directly from DOL.(Sep 2004)

Accordingly USCIS raised another RFE in Dec 2004 with DOL ( Philadelphia Office) for the DOL. I have already raised query two times and got the info that VSC is waiting to receive the Certified copy from DOL and until then the Adjusdication of I-140 is on a " Indefinite Hold" and that the case officer can do nothing more.


Regards

 

[gcgodsmileonme]

CSC rejecting 140/485 concurrent filing with EB3 sub ?

My lawyers told me that last week, they received rejection from CSC for concurrently filed I-140 and I-485 filed with EB3 substitute labor certificate on grounds of unavailability of visa numbers. The PD on the substitute labor certificate is Aug 2001, which can only mean that they are not using substitute labor cert PD for I-140 and I-485.

Has anybody else filing concurrently in February or March 2005 with substitute EB3 labor cert seen this ? My lawyers are using a substitute EB3 labor for me and because of this, are recommending to only file I-140 at this time.

This is scary since although my sub EB3 labor cert has PD nov 2001, I will be unable to file for I-485 till the EB3 retrogression moves past march 2005 ! :-(

 

[joshi343]

I-140 approved - EB3 Substitute LC case

Here details of my case. Nothing on I-485 yet, may be they are NOT considering PD of original LC. Anybody with similar situation ?

---------------------------------------------------------
EB3 - Subs. labor with CSC, labor PD Nov/Dec 2001.
I-140/485/765 applied together. AP did not apply for.
RD - 11/24/04
ND - 11/30/04
No priority Date appears on any of the receipt notices
I-140 - RFE issued on 1/10/05, replied on 3/16/05, Received by CIS on 3/21/05. I-140 Approved on 3/28/05
EAD - Approved on 3/25/05 for myself and spouse.
FP - ?
I-485 LUD - 12/13/04

 

[never_say_never]

congrats Joshi343 for I-140.

Did you apply with copy of original LC? Was 140 already approved on it?
Was it CP for the original I-140?

Could you check with you lawyers to see what's the PD?

Good Luck for 485

Here details of my case. Nothing on I-485 yet, may be they are NOT considering PD of original LC. Anybody with similar situation ?

---------------------------------------------------------
EB3 - Subs. labor with CSC, labor PD Nov/Dec 2001.
I-140/485/765 applied together. AP did not apply for.
RD - 11/24/04
ND - 11/30/04
No priority Date appears on any of the receipt notices
I-140 - RFE issued on 1/10/05, replied on 3/16/05, Received by CIS on 3/21/05. I-140 Approved on 3/28/05
EAD - Approved on 3/25/05 for myself and spouse.
FP - ?
I-485 LUD - 12/13/04

 

[140_485]

Here details of my case. Nothing on I-485 yet, may be they are NOT considering PD of original LC. Anybody with similar situation ?

---------------------------------------------------------
EB3 - Subs. labor with CSC, labor PD Nov/Dec 2001.
I-140/485/765 applied together. AP did not apply for.
RD - 11/24/04
ND - 11/30/04
No priority Date appears on any of the receipt notices
I-140 - RFE issued on 1/10/05, replied on 3/16/05, Received by CIS on 3/21/05. I-140 Approved on 3/28/05
EAD - Approved on 3/25/05 for myself and spouse.
FP - ?
I-485 LUD - 12/13/04

Please check the Priority date on the 140 approval notice. THis information will help us all. Thanks

 

[microdev1]

I checked my I-140 approval notice and priority date is PD of substitute labor.

 

[140_485]

I checked my I-140 approval notice and priority date is PD of substitute labor.

Thanks pal, That relieves tension of most of the subst labor applicants.

 

[give_gcforall]

I-140 approved (RD: 01/2004) - LC Copy used while filing

Friends,

I wanted to share the news that my I-140 has been approved today. Good luck to all who are waiting (especially those with LC substitution and who applied with copy of LC). My details are below:

Original LC - EB2 (Self): Filed Sept 2002...still pending
Filed EB3: 140/485/EAD/AP using copy of subs labor - Jan 2004
PD on substituted labor: June 1999
(there was a 140 approved on the LC which was being substituted) - original beneficiary had left the company after 140 approval.
1st EAD/AP approved: 04/2004
FP: 04/2004
2nd EAD/AP: applied 02/2005...awaiting approval....
I-140 AD: 04/01/2005
I-140 LUDs: 01/10/05 - due to inquiry??, 03/31/2005 with no msg change, 04/01/2005 approval message
No RFEs.
I-485 AD: ???


Good Luck to all waiting....there is definitely light at the end of the tunnel. Hang in there....You will see your approvals soon.

 

[140_485]

Friends,

I wanted to share the news that my I-140 has been approved today. Good luck to all who are waiting (especially those with LC substitution and who applied with copy of LC). My details are below:

Original LC - EB2 (Self): Filed Sept 2002...still pending
Filed EB3: 140/485/EAD/AP using copy of subs labor - Jan 2004
PD on substituted labor: June 1999
(there was a 140 approved on the LC which was being substituted) - original beneficiary had left the company after 140 approval.
1st EAD/AP approved: 04/2004
FP: 04/2004
2nd EAD/AP: applied 02/2005...awaiting approval....
I-140 AD: 04/01/2005
I-140 LUDs: 01/10/05 - due to inquiry??, 03/31/2005 with no msg change, 04/01/2005 approval message
No RFEs.
I-485 AD: ???


Good Luck to all waiting....there is definitely light at the end of the tunnel. Hang in there....You will see your approvals soon.

Thanks pal, great that you did not forget (to update) the forum after approval.

This gives us a hope to hang on

 

[give_gcforall]

Friends,

My story doesn't end there....I am on my 8th yr H1B and the I-140 that I got approved is from my previous employer...from where I got laid off during August 2004 (after 180 days of my 140/485 filing). But they agreed to support my I-140 petition and assured me that they would not revoke my GC process (my sincere thanks to them). I had worked with them for little over 5 years before I was let go. At the time I was let go, I was in my 7th year H1B.

Based on my original pending LC, I received the 8th year H1B extn from a new employer and I have restarted the whole process a third time now (stuck with state labor again and was thinking of PERM now).

So, with this case, am I eligible for AC21 (my I-140 is approved and 485 is pending over a year)??

If YES:

1. Should I pro-actively inform USCIS about my job change. OR
2. Should I wait to see if I get a RFE on my 485 and then respond to it with AC21 documentation. OR
3. Just remain silent and hope for a 485 approval in the mail.

Pls. advise.