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
give_gcforall said:
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.
Click to expand...
based on my knowledge
1.You should be able to AC21 clause to change employer
2. You should inform USCIS about job change otherwise you will have problem later since you are expected to work for petioning company after your GC is approved. Otherwise it could be considered as visa fraud.
 
140_485 said:
based on my knowledge
1.You should be able to AC21 clause to change employer
2. You should inform USCIS about job change otherwise you will have problem later since you are expected to work for petioning company after your GC is approved. Otherwise it could be considered as visa fraud.
Click to expand...

140_485,

Thanks for your reply. Good luck with your application.
 
does all the 140 (with labor copy) have to wait for months for INS to locate labor or are there any one who got 140 approval in normal time frame.

Why can INS start labor locating process as soon as they receive 140 application?
 
140_485 said:
does all the 140 (with labor copy) have to wait for months for INS to locate labor or are there any one who got 140 approval in normal time frame.

Why can INS start labor locating process as soon as they receive 140 application?
Click to expand...


I assumed that INS would have started labor cert locating process as soon as they receive 140 application i.e. in my case 4-30-2002. Why do you think this would not be the case? Do you have any info on this issue?

Also what do you guys think on INS matching the original ETA 750 qualifications with our qualifications? Do you think INS would have matched our qualifications and only then try to locate the original file or would they try to match the qualifications after they locate the file? The latter case is scary as after all the long wait they could find the applicant incompatible for a silly reason?
 
Some people get it soon

I know a guy in my office who's 1-140 was filed with copy of sub labor in June 2004 and he got approved in March 2005. May be there are more which we are not aware of. This gives a hope for rest of us.
 
140_485 said:
Please check the Priority date on the 140 approval notice. THis information will help us all. Thanks
Click to expand...

My I-140 approval also has priority date of the substitute labor.
 
joshi343 said:
My I-140 approval also has priority date of the substitute labor.
Click to expand...
Joshi, did u file with copy of labor cert or with the original labor cert?

Also which service center is it. CSC seems to be processing Sep and your appn is Nov.
Also you received RFE within 2 months. I applied 140 in Dec but still no movement. Are you EB2 or EB1?

Thanks for posting. Your reply is shighly appreciated
 
seems like USCIS is taking a look at cases even filed as late a as DEC 04. Few of the DEC fileres have started getting RFEs.
 
The poll seem to imply filing with LC copy has some relation to RFE. Looking at various cases for the past year or so, I doubt this is the case. The chance of not getting an RFE depends, in my opinion, on how competent your attorney and your luck.

~T
 
talkative said:
The poll seem to imply filing with LC copy has some relation to RFE. Looking at various cases for the past year or so, I doubt this is the case. The chance of not getting an RFE depends, in my opinion, on how competent your attorney and your luck.

~T
Click to expand...
Yup Attorney is one of the most important ascept of GC processing.
 
Mine too is a labor substitution case. I will check with my attorney to see if they used the original or copy or labor while filing for my I-140
 
Matching Job Description on Substitute Labor

Hi Gurus,

Here is my case....

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...
exp 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...
 
140 filed with copy of LC

Used a approved labor which is 2 years old. Would it work ?
Wish me luck. :confused:

---------------------------------------------------------------
LC PD 06/06/2001
140 withdrawn for original applicant on 06/19/2003
EB3 substitute labor - 140 filed with copy of LC
I140 RD 04/07/2005 ND 04/12/2005 LUD 04/13/2005
I485 RD 04/07/2005 ND 04/12/2005 LUD 04/13/2005
EAD RD 05/16/2005 ND 05/20/2005
AP RD 05/16/2005 ND 05/20/2005
 
Acronyms

Sorry for being a novice...but can someone explain the acronyms
RD,
LUD, &
ND.

ANd kindly comment on my situation. How important is matching 100% the Job description..?
 
RD: Reciept Date (USCIS recieved the application on that date)
ND: Notice Date ( USCIS sends a notice saying that it recieved the application)
LUD: Last Update Date ( something must be happening on the application)
 
I-140 denied based on qualification mismatch

I filed I-140 based on a sub labor in Nov 2004. Original labor has prority date of Jan 2001.
I recently got mail from attorney saying that I-140 was denied. Reason given by USCIS was that the qualification does not match.
BUT, the fact is there was no qualification listed on labor. Only the experience was listed on labor. Experience does match.

Attorney is saying that they have wrongfully denied this and she is going to file the case again.

Has anyone come across any such situation. What was their experience.
What are the chance for this to get approved.
 
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