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
I-140 approved with copy of LC

Hi All,

Finally, there's light at the end of the tunnel.

My 140 was applied with the copy of labor cert. and was approved after two inquiries and 4 months after queue became current.

In the morning, I received message saying that USCIS is still waiting on the original labor but I received the magic email in the evening.

So, all folks in this situation hang around. It takes a while..but works!!

I'm not sure about PD etc.

details:
140 RD: 11/19/04, AD 08/17/05
 
Hi never_say_never,

Congatulations. I had posted in this thread the reply I got from the congresswoman's office regarding my I-140. Do you know what it means?
Nothing happened after my last LUD on 7/25/05.

Thanks,
nsi.
 
Hi NSI,

I read your congresswoman's response. I didn't use congressman. My lawyers used to send inquiry every other month.

According to my lawyers, the adjugating officer requests the original LC from previous file. This takes long time (months if the file is closed and old I-140 was withdrawn). But if he thinks he's waited long enough, he requests that from DOL at that point. Once requested from DOL it takes about 90 days. Noone knows at which stage the process at.

Good luck!
 
Guys,

My 140 got approved few days back. Mine is a labor substitution case and was waiting for original labor. They would have approved any time but they never wanted to search the files. Thanks to my lawyer frequent inquiries recently (around may be sixe or seven email inquiries using I140 dhd.gov emaild id) one of the officers had to actually go an look into the file room and they found the original labor with original applicant's file.

So ask your lawyer to inquire frequently, one day they will approve it.

My experience tells
1) keep inquiring
2) Ask specific questions to CIS like - It has been already x years, can you request DOL to issue a copy of the original labor since you are not able to find the original, what are the alternatives if you don't find original labor,
3) hang tight and substituted cases will be approved some day.

thanks for all the advise and good luck.

kar123
140 - ND 08/2003 - AD 08/2005
labor substitution, original applicant's I140 approved
 
I-140 approved with copy of LC

Numerous enquiries and numerous LUDs later my I-140 was finally approved after 26 months of waiting.

Was a labor substitution case with copy of LC.

The labor certification given to me was from an ex-employee and had been previously used in that ex-employee's I-140 petition. The employer had withdrawn the ex-employee's I-140.

The CSC kept responding with the following when enquiries were made by the lawyer:

"The case is pending until the labor certification is obtained. Since this is a substitution case the original ETA 750 must be received before a decision is made. A request has been made to have the original sent to us. We do not know how long this will take. Once all documentation has been received then a decision will be made on the case."

____________________________________
CSC EB3 Labor Subst.
I-140 RD 05/21/03
I-140 AD 08/01/05
____________________________________
 
congrats

rp12345 said:
Finally my case got approved today after "Ability to Pay" RFE. I got LUD and email today. The credit for getting this case approved undoubtably goes to UN who made this case "Approvable". This was a very tough case since my labor (subst) has PD of 1999 and we were asked to prove it from 1999. For most of the years we did not meet any of the 3 basic criteria for A2P. UN somehow made argument based on some accounting tricks and it worked great.

Mu case was applied witha copy of labor since the original guy had applied (and got approved) I140 based on this labor. He never applied 485 using that 140

My details
Labor PD 1999 (applied with copy of Labor cert)
140/485 RD 01/05
104 RFE 05/05, replied Aug 10,05
LUD and Approval email on 9/12/05
485 - Pending
Click to expand...

Was there no issue atall because of the labor cert being a copy
 
Looking for some good attorney

I am looking for some good attorney to file my I-140 (labor substitution). Can any of you suggest me some good attorney/law firm.
 
chicchu said:
Was there no issue atall because of the labor cert being a copy
Click to expand...
Absolutely none. The original Labor was also with INS since original employee had applied and got approved 140 in 1999. We just sent the WAC number of earlier 140
 
rp12345 said:
Absolutely none. The original Labor was also with INS since original employee had applied and got approved 140 in 1999. We just sent the WAC number of earlier 140
Click to expand...
Hi rp12345,
I am in the same situation as yours. I have some questions for u
1) which service center did ur case go to
2)when a I140 is applied and not withdrawn doesn't it mean it is not used
3) what is wac number ?
4)How long did it take for ur I140 approval

Please answer me as soon as u can
 
I-140 approved (copy of labor)

Hi Guys

Finally the long awaited day came for me too. I received the magic mail after replying the RFE. There were a number of luds..

I-140
LUD 12/17/2004 LUD 12/20/2004 LUD 02/09/2005 LUD 03/14/2005 LUD 04/21/2005 LUD 06/08/2005 LUD 07/12/2005 LUD 07/13/2005 LUD 09/16/2005 LUD 09/19/2005 LUD 09/23/2005.
And finally with lud of 09/24 the message changed to approved.

This forum actually helped me to hang on and wait for my day.

K
 
Labor substitution is the nastiest type of immigration fraud in my opinion. Anyone who uses the LC approved for another person deserves not to be denied. I am glad that CIS is going to invalidate this procedure.
 
140 Approved. no RFE

Guys,

my 140 was approved on Friday Sep,30. It was a substitute labour with a ND of 06/03. RD, 05/31.

I think my attorney felt it would take atleast an year for 2 reasons
1) to revoke a previously approved 140
2) for DOL to request for original labour application.

So that should be some consolation for other guys with similar background.

There is an RFE on my 485, does that mean that they will clear my case after the response or will they dump it off due to change in dates from oct,1.

Cheers,
GBA
 
Hey GBA,

Many Congratulations to you on your 140 approval!

My case is quite similar to yours that my 140 is also filed with a labor cert copy and would like to ask you a couple of quick Qs on it.

1. Do you mean that your 140 recvd date was Jun 03 2005?
2. Were you aware of the whereabouts of the original labor cert when you filed your 140?
3. Did you provide any references about the original labor cert, along with your 140 petition?

Your inputs are highly appreciated.

Thanks.
 
chicchu said:
Hi rp12345,
I am in the same situation as yours. I have some questions for u
1) which service center did ur case go to
2)when a I140 is applied and not withdrawn doesn't it mean it is not used
3) what is wac number ?
4)How long did it take for ur I140 approval

Please answer me as soon as u can
Click to expand...
1. California
2. When you use a labor for which I-140 was previously applied/approved then you must first withdraw previous 140. For one labor only one 140 can be current/valid.
3. WAC number is case number assigned by INS and is on Receipt notice/approval notice
4. It took 8 months (we had an ability to pat RFE in May and we replied in August) case approved in Aug/Sep. Receipt date was 12/2004
 
rp12345 said:
1. California
2. When you use a labor for which I-140 was previously applied/approved then you must first withdraw previous 140. For one labor only one 140 can be current/valid.
3. WAC number is case number assigned by INS and is on Receipt notice/approval notice
4. It took 8 months (we had an ability to pat RFE in May and we replied in August) case approved in Aug/Sep. Receipt date was 12/2004
Click to expand...
Thanks so much for the reply. The only difference in my case is it is applied in Vermont center. Vermont is not as fast as California in 140 processing, so it might take a while for them to open the case in the first place. The lawyer did tell me that they did specify the old WAC#. I'll keep my fingers crossed
chicchu
 
chicchu,
I applied in Vermont too and fall into the same category i.e. applied with an approved LC copy...when I made an enquiry 4 months ago I was told that they are waiting for "something" from the agency. I am assuming that it is probably the original LC...
Guys how do I know what the hell are they waiting for ??? :confused: is there anyway around ?? comments/suggestions are welcome.
 
gctarget06 said:
chicchu,
I applied in Vermont too and fall into the same category i.e. applied with an approved LC copy...when I made an enquiry 4 months ago I was told that they are waiting for "something" from the agency. I am assuming that it is probably the original LC...
Guys how do I know what the hell are they waiting for ??? :confused: is there anyway around ?? comments/suggestions are welcome.
Click to expand...
gctarget06,
I was reading here and there that people had some congressman contact for them to find out about their case, may be you can try that. Did ur lawyer give the old WAC# when he applied urs or they have no clue about ur original ?Since it is 4 months u last enquired, I think u should involve some congressman and enquire again
chicchu
 
Thanks Chicchu, I am not sure about WAC# though..is it something printed on the approved LCA ? mine is a substitution case where the original candidate never applied for the I140 and left before the approval of his labor. The same approved LC I used to file my I140 and 485.
 
Mail from congresswoman says FBI namecheck cleared

3 months ago I had asked my congresswoman to query my I140 (subs. labor
with copy), and got a reply saying USCIS was waiting my case files to be
consolidated (see my previous posts).

Yesterday I got another mail from her and it says USCIS
informed her that my FBI name check was cleared. Is this the name check
for my recent I485 application?

Thanks,
nsi.
 
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