Labor Substitution with copy of Labor certificate

Do you think your 140 (with copy of lab cert) will get approved without a RFE?

  • Yes

    Votes: 29 45.3%

  • No

    Votes: 21 32.8%

  • Maybe

    Votes: 14 21.9%
  • Total voters
    64
Matching Experience for Substitution

Gurus ..please see my last post and comment...if that is a good case for substitution.

Also, who would be the best person to confirm this
1) A Lawyer
2) A technical recruiter's certificate assuring the same.

Kindly comment...my case is below:

Here is my case....

Substitute labor is for a DBA (Database Administrator)....
installing designing creating and maintaining Databases like Oracle and SQL on Windows & Unix...


I have Java Exp dealing mostly with Databases (Oracle and SQL) to use JDBC to fetch and arrange and organize data... Also, design table structures, DB Backups and other part of DB jobs have been in my Experience...

Experience Letter states that - I have worked on Java, XML, and Databases like Orace and SQL.

Is it a good match ?? with good chance of I-140 approval?

...The Education requirements match fine...(BS + 2 yrs - Any Major)
 
Substitute I-140 denied ....can is cause future problems?

Hi All,

No response still on my previous post. Anyways.....
Here another one for the forum...

If my I-140 (filed using substitute labor) is denied for whatever reasons, and I cannot appeal it. Now i am filing I-140 using my own Labor Cert (not a substitute), will the previous denied I-140 cause a problem to my new i-140...Does USCIS relate the two...?

Any input will be appreciated.
 
What I heard from different sources, yes USCIS can compare your previous LC with new LC. Basically if both matches your skill set, you should be fine.
 
as long as:

- nobody has a pending/approved 485 based on this LC
- you match/exceed exactly education & experience on the day LC was filed
- company has ability to pay

you should be fine. if your company has the original LC and is sending it with your 140 application, the sub LC is good as your own.

~t
 
Subs labor

The first 3 bullets are satisfied... HOwever, the Co. does not have Orig Labor.

They had retracted a previous I-140 files for the Original Applicant. I have seen the I-140 retraction letter and i-485 denial letter (reason - I-140 was retracted)

I-140 retraction letter states that "u can use this letter and the reference No.'s mentioed here to refile another I-140 in the future"

So, I think it is fine.....

However, my main concern is matching the Job Description.....and Job Title

Cert has - Database administrator Code - 15-1061

My Exp letters state I am a Software Engineer (Code 15-1031)..HOwever, in Labor Department Website (flcdatacenter.com)they do include Database Related work in Job Code 15-1031....
Rinks: Subs labor is for a DBA....
installing designing creating and maintaining Databases like Oracle and SQL on Windows or Unix...


I have Java Exp dealing mostly with Databases (Oracle and SQL) to use JDBC to fetch and arrange and organize data... Also, design table structures, DB Backups and other part of DB jobs have been in my Expereience...

Is it a good match ?? with good chance of I-140 approval?

...The Education requirements match fine...
 
Your current job title shouldn't matter as GC is for a future job. So long as they are not radically different (LC:engineer; Current Job:manager), I don't see any problem.
 
I am visiting this Thread after a long time.

I received my I-140 approval on 5th April.

Details in my Signature.

Rehards and All the Best .
 
Guru, HELP!!!
My wife is coming back to her previous employer. Her originally-owned LC was approved on 1/2004 but couldn't be found for some reason. It could be used by someone else to file I-140, or it could be just lost for no reason. My wife wants to use her originally-owned and approved LC to apply her I-140.
Now our questions are:
1. How can we check if the LC was used by someone else? Employer said they don't have record and the LC paper. Can we inquery DOL or USCIS for this info?
2. If my wife files I-140 with a request to ask USCIS to inquiry DOL for the originally approved LC (this is my wife's, not sub-LC), does it work?
3. How long with it take for the USCIS-DOL inquiry?
4. Can USCIS find out whether my wife's LC was used by someone else and reject?

Many thanks!!!
 
Finally!!! I-140 approved after 2 years!

Got a message from the attorney that my I-140 has been approved. It had been a loooong wait...nearly 2 years. My case is a LC sub. filed with the copy of the labor. Attorney kept inquiring with CSC for more than 8 months now but always got a response back saying that they were still waiting for the "original file". An RFE was finally issued in April but lawyer will not reveal the RFE details. After the RFE response the approval was within a week's time. Also, got the EAD & AP approvals immediately after the I140 approval. EAD & AP were put on hold because of the I-140 issue.

Below are my details.

I-140 RD: 06/23/03
RFE Issued: 04/08/05
RFE Responded: 05/16/05
RFE Response recvd.: 05/20/05
AD: 05/25/2005

Thanks to this forum for all the help. Moving on to the I-485 thread...
 
talkative, Help

Hi Talkative,

You mentioned that if you have Original LC and I-140 is not applied then it is as good as your own LC. In my case my employer has one LC and I met all req mentioned in the LC when it was filled. My employer wants to file Sub. Labor for me using that LC. We have Orig copy of labor and we never filled I-140 using that labor since that person left. I was wondering in this case will I get PD of the Orig. LC or it will be of my filling I-140 date ? It looks like that CSC sometimes assign PD of Orig LC and sometimes I-140 RD.

Thanks for your help.
 
> I was wondering in this case will I get PD of the Orig. LC

Yes -- you will get the PD of the original LC. I can attest this first hand. And dozens of threads (and Rajiv himself) have confirmed this practice. Note that it's a practice, there's no regulation clearly stating things either way.

> It looks like that CSC sometimes assign PD of ... I-140 RD.

No - far too many people have got the PD of original LC over the past few years. I think you have about the same probability of getting wrong PD, as say, getting your name spelled wrong.

Much more likely source of delays is the FBI name check. Tons of threads touch upon that, you can search for it.

~T
 
GCVOID,

when USCIS received the response to the RFE, did your message change online for 140. Did the date and message change.


I am in similar situation. My RFE is sent, but no status change that RFE is received. So any details from your side will be useful
 
talkative

Thanks for your input. It's good to hear that there is a high probablity that I'll be assigned PD of Org LC. Will CIS notify PD on Receipt of I-140 or Do I have to wait till I-140 approval to see what PD CIS has assigned to me ?

BTW, I was able to find following with some more research. I am not sure whether it's still valid or not since memo was written 9 years ago :)

"The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d)."

http://www.immigration.com/newsletter1/submemoins.html
 
Yup -- that's the memo (though, a memo is not a regulation). The other material is a case (I forget the name) where DOL tried to remove LC substitution, but the case got dismissed on a technicality and DOL never went back to the court.
 
Call toll free number to find our if the response to RFE is received.

In my situation, when the response to RFE was sent, they have updated the status online next day saying they have receieved the response to RFE and LUD changed for next couple of days and there is a silence....
 
letter from congressman: what does it mean?

Out of desperation, I also asked my district's congressman to inquiry my
I-140 EB3 Subs. labor case. I got a letter from the congressman:

"I contacted the CIS on your behalf and was notified that your file is in
transit for consolidation. Once your complete file is in the hands of the
reviewing officer, the CSC anticipates that it will be another 4 weeks before
a decision is made."

My labor was from a previous employee whose I-140 was approved and
he was going to do CP in Chennai.

Does this mean that they finally found the original LC, or simply still searching
for it?

Notice the recent LUDs in my I40, it may be due to this inquiry.

Thanks,
nsi.
 
Approach Local Congress man

Hi,

I’m also in similar situation and just wanted to know how to approach the senator's local office to expediate the case.Please advise me in this regards. It's been more than a year on my 140 case and no update or LUD change so-far and i’m totally distressed. I w'd really appreciate if you can guide me thru...

Thx!
 
kulboy said:
Hi,

I’m also in similar situation and just wanted to know how to approach the senator's local office to expediate the case.Please advise me in this regards. It's been more than a year on my 140 case and no update or LUD change so-far and i’m totally distressed. I w'd really appreciate if you can guide me thru...

Thx!
Click to expand...

There are many posts regarding this. Most congressman have forms/info
in their web page. Find your congressman at www.house.gov, and see
his/her web page for more info.
 
EB2 Concurrent

Hi,

One of the company has applied for my GC(EB2 concurrent). But I haven't joined that company yet becoz of some personal problems. However, I have already got my EAD and Advance Parole. My future company is requesting me to join the company as soon as possible. They are saying there may be some queries from USCIS before they approve my 140 and 485.

I was wondering can anyone guide me here.

1. Is it ok if I joined the company after getting my GC?
2. Will I get into a problem with USCIS?

EAD : RD 5/17 AD 6/4
140 & 485 : RD 5/17 - No update yet. I am not able to get the status online either.
 
EB2 Concurrent

Hi,

One of the company has applied for my GC(EB2 concurrent). But I haven't joined that company yet becoz of some personal problems. However, I have already got my EAD and Advance Parole. My future company is requesting me to join the company as soon as possible. They are saying there may be some queries from USCIS before they approve my 140 and 485.

I was wondering can anyone guide me here.

1. Is it ok if I joined the company after getting my GC?
2. Will I get into a problem with USCIS?

EAD : RD 5/17 AD 6/4
140 & 485 : RD 5/17 - No update yet. I am not able to get the status online either.
 
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