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
gctarget06 said:
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.

gctarget06,
If the original candidate never applied for a I140, then what happened to the original labor. Why did the company have to use a copy for you. I mentioned WAC# thinking that the LC was used for somebody's I140 before u and withdrawn. Did you try the congressman thing ?
chicchu
 
Chicchu,
The original labor was lost in the mail as per the attorney. Now I am trying to contact the congressman and seraching for the appropriate material i.e format of the application, how to contact them or apply etc.

Psi,
Could you please throw some light on the above issues ?? would appreciate it. thanks much in advance.
 
Nsi,
you stated "3 months ago I had asked my congresswoman to query my I140..." I am wondering what method (i.e. fax an application,online petition at congressman's site,personal meeting etc.), format did you use to make congresswomen to query for your I140 case ? Please let me know. Thanks a lot in advance Pal.
 
In my case, there was a form at her web page. I filled it and printed it out, and signed and faxed it.

nsi.

gctarget06 said:
Nsi,
you stated "3 months ago I had asked my congresswoman to query my I140..." I am wondering what method (i.e. fax an application,online petition at congressman's site,personal meeting etc.), format did you use to make congresswomen to query for your I140 case ? Please let me know. Thanks a lot in advance Pal.
 
Contents of message to congressman

nsi said:
In my case, there was a form at her web page. I filled it and printed it out, and signed and faxed it.

nsi.

Hi nsi,

What did you mention in it? I guess:

WAC# for I-140, when applied, current processing dates, and no response from USCIS to the lawyer's queries, etc.

Am I missing anything? What else should go in there? Did you mention the case details like it is a labor substitution case?

Thanks.
 
WAC #, RD, ND should be sufficient. I probably didn't mention
it was a labor subs case. It took 18 months, so it doesn't matter what
kind of application it is, it is just so long.

Don't worry, they know all about this stuff. See their web site.
And fax your request.

nsi.

fan123 said:
Hi nsi,

What did you mention in it? I guess:

WAC# for I-140, when applied, current processing dates, and no response from USCIS to the lawyer's queries, etc.

Am I missing anything? What else should go in there? Did you mention the case details like it is a labor substitution case?

Thanks.
 
I-140 stuck - USCIS waiting for NRC to locate original labor certificate

My I-140 petition was filed under EB2 category (Labor substitution) in Sept 2004. Per current processing times posted on USCIS site, case should have been reviewed in April 2005.

Since neither my attorneys nor I heard any updates, attorneys have been initiating inquiries with USCIS on a periodic basis. Attorneys initiated 5-6 inquiries so far & USCIS has responded, stating that a decision would be made in next 4 weeks (or) that it's in a transition to an officer's desk.

For the last inquiry, in August 2005, USCIS has responded that they are waiting for original Labor Cert from NRC. USCIS has not indicated how long it would take for them to locate records.

Specific Question:
1. Any idea what the turn around times are?
2. Is there anything i can do from my side to expedite this?

Please advise.

Details on my case
==================
1. Original labor filed in August 2001 (Still stuck in backlog reduction centre indefinitely).

2. Got a substitute Labor in July 2004.

3. Company piggybacked on that & filed my 140 & 485 in August 2004.

4. Last Updated Date on my case is Aug 17th 2005. USCIS case status has the standard message:

"Your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received in August 2004. We mailed you a receipt with information about processing. It is taking between 270 and 300 days for us to process this kind of case. We will mail you a decision as soon as processing is complete."
 
nsi said:
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.

NSI,
I would say that you are very lucky to have cleared the FBI name check. My friends FBI name check is stuck for the last 1.5 years.
After reading your post, I will recommend him to contact some congressman.
Thanks
 
Hello Pareshan4GC,

At least I was lucky on that. What surprized me was that I only asked
congressman to inquiry the I140, not 485 which I applied in June 2005.
Name check should not have anything to do with I-140, should it?
May be, now that both I140 and I485 cases are together, they simply
gave the latest status on 485. In any case, good that my long last name
is cleared :)

nsi.
 
Guys,
I received a letter stating that due to the background security check the processing on I140 is delayed....I am not even supposed to contact these morons for another 6 months...this is freakin crazy....do you think contacting Senator about this would do anything ?? please comment.
Thanks...
 
Yes, do it. At least, the senators/congressmen will know what we are
going through.

nsi.

gctarget06 said:
Guys,
I received a letter stating that due to the background security check the processing on I140 is delayed....I am not even supposed to contact these morons for another 6 months...this is freakin crazy....do you think contacting Senator about this would do anything ?? please comment.
Thanks...
 
Any Idea of the time frame?

Just wondering if anyone knows approximately what timeframe the DOL will take to search for the original labor cert and send it to the I140 service centers?
Also I was wondering if the congressman thing really works.
--------
CSC sub labor eb2
140/485 RD: FEB 09 05
140 - LUD several times latest, sep 23 05
replied after several inquiries the they were
waiting
for original labor cert. I am not supposed to inquire
dor another 60 days.
485: fp done 13 APR 05
 
It is strange why many lawyers/employers are so lazy enough not to contact DOL or USCIS to get the orginal labor on hand before actually notice the employee to use?
I talk to my company lawyer and HR. That is what they do before they actually give that LC to any employees. It will be faster if they do that instead waiting for USCIS to do such thing. :)
 
My I-140 is approved.

Close to two years. Good thing is my name check was cleared fast.
I got e-mail form the lawyer. No change in the message yet.
This thread has been historic for the oldies like me.
Thanks for sharing your experiences.

nsi.
 
nsi said:
Close to two years. Good thing is my name check was cleared fast.
I got e-mail form the lawyer. No change in the message yet.
This thread has been historic for the oldies like me.
Thanks for sharing your experiences.

nsi.
NSI,
Congratulations. Finally it got over. Was the delay completely because of the labor being a copy ? What were the RFEs about
chicchu
 
Yes, the delay was because of labor cert. being a copy.
The RFE was about educational evaluation. They must have had it already.
May be they wanted to see a newer one. No one knows.

nsi.
 
I 140 Approved

Hi all my I 140 got approved on Jan 03 2006. Just giving status.

1. EB2 Concurrent, CSC, PD sept 2001
2. Filed with copy of sub labor
3. Application Date: Feb 09 2005
4. FP Apr 2005
5. I 140 approval date: jan 03 2006
 
aves said:
Hi all my I 140 got approved on Jan 03 2006. Just giving status.

1. EB2 Concurrent, CSC, PD sept 2001
2. Filed with copy of sub labor
3. Application Date: Feb 09 2005
4. FP Apr 2005
5. I 140 approval date: jan 03 2006

1 year for I140 approval??

My lawyer told me it just takes around 6 months for those cases similar to my case that the firm has done for my company. They just concurent everything for my family (I140/485/AP/EAD) last month with sub labor (fresh orginal one just got approved 2 months before that and the guy named on that labor left the company a while ago).
 
newbies said:
1 year for I140 approval??

My lawyer told me it just takes around 6 months for those cases similar to my case that the firm has done for my company. They just concurent everything for my family (I140/485/AP/EAD) last month with sub labor (fresh orginal one just got approved 2 months before that and the guy named on that labor left the company a while ago).
newbies- what is your processing center. Mine is a copy labor too to VSC with a ND of Oct27th, no last updates atall on my 140.The labor which we used was withdrawn in 2004 March. Should see how long this takes on our I140. I don't know why it takes so long in these copy labor cases.
 
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