Missing original ETA 750 for Labor Substitution

G

gc_void

Registered Users (C)
Hi All,

Need your help/advice/suggestions.

My I-140 based on a labor substitution has been pending for well over an year now (ND June 2003 - EB3 Non-Concurrent). My employer had made an inquiry recently and got back the following response:

"We are still awaiting the receipt of the previous file for the original ETA 750. The officer has requested the file already. We cannot adjudicate the case unless we receive the original ETA 750."

It has so happend that my employer had earlier filed a I-140 appl. (may be for the same person for whom the labor was intended) using this approved labor and then pulled it back later for some reason. Now because of this CSC had retained the original labor cert.

1. Is it a normal practice for service center to retain the original labor cert.

2. Do the serivce centers really care about these situations - I mean taking the extra effort to look for an old document etc. given the backlogs they have now. And even if they did do they retain documents from old filings (in this case it may be atleast 3-4 years back).

3. Has anyone had any success stories in this scenario

4. Can myself or the employer do something about this or do we just to keep waiting and pray that they will one day find the document.

Also, my LUD at the USCIS website was April 2004, so looks like they had looked at my application in april and then and had been waiting for the original ETA 750 since then (5 months now).

Please share your thoughts and experiences.

Thanks
 
I am in the same boat as you buddy...I am also waiting and waiting and waiting...my I-140 ND was Aug 2003 (EB-3, Concurrent with I-485). Doesn't seem there is anything we can do..at least my AP and EAD got approved..
 
Exactly same boat

My case is exactly same.

My case was filed on 12/26/2002 substituting approved I140 using a copy of approved labor.
USCIS receipt date is 1/15/2003.
1st RFE 4/29/2003
RFE response recvd by USCIS 7/23/03
Last information I got from USCIS is "your case is on processing hold as it is a subsitution case. Until the original file, along with the original ETA 750, is received back, this case cannot be processed. The file has been requested. ......".

The Last Update Date on USCIS was changed few days back to 8/27 and now it is changed again to 9/13. I hope they are atleast looking at my file periodically.

----------
I140 - 1/15/03
I485/AP/EAD - 2/13/03
EAD, AP approved(valid till 8/26/04)
FP done on 4/15/03
......praying some one will send the file soon :(
 
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Guys, thanks for your inputs.

byomkesh: In your case how did you find out that USCIS was waiting for the original labor. Did you get any RFE. Has your LUD for I-140 ever changed.

unlucky786: What was your RFE about. In your case it looks like USCIS has been searching for the originals for over an year now. Hope the LUD change is for the better.

It would be really helpful if we can stay in touch and track our progress together. Please post any updates from your side.

Hope they find the original documents soon.

Thanks
 
How do I know? Supposedly the USCIS responded to my lawyers on this matter and told them this. I did get an RFE for the original labor cert and my lawyers responded to them. Regarding the LUD, I really don't know as I've never checked that (I don't have my 140 WAC #).

So does anyone here know of any similar case that had a positive outcome? Do these things ever get found?
 
I am also in the same boat. My I-140/485 (with ND 08/6/2004) filed concurrently in CSC EB2 with a copy of substitute labor . The original labor is attached with some other employees I-140 who no longer works for the company. So my attorney requested to pull the original labor from this I-140 application and put in my file. it seems from above posts that it will more than a year or so to get this labor to my file. i am just scared if it will work.
 
Pulling out the original LC and placing it in the substituted applicant's 140 is the process that USCIS does when there was a 140 filed for the original beneficiary.....I guess, they (USCIS) should know this process well and not delay so long afterall the older 140 file is still in their archives/storage.
 
You should write INS like this

If INS said they could not find the original LC you should reply the RFE saying "we have filed the original LC. It may be misplaced by your office. Please contact the following DOL officer for a copy of it", followed by the DOL officer.

You should also keep contacting the DOL officer asking whether they get queries from INS. They will tell you nicely whether they get any query from INS. Usually if DOL gets query from INS asking for a copy, they will respond immediately (within 1-2 days).

Good luck
 
I agree with anxiouslady. USCIS should allow the substituted alien to get a duplicate copy of the approved LC from DOL and submit it with his/her new I-140 OR atleast they themselves should contact the concerned DOL to get a copy of the approved LC....I guess they don't want to do that (contacting DOL for a copy) as it would show their inefficiency....right??
 
My i140 got approved yesterday after 1yr 9 months. Here are the details

I140 - RD 1/15/03,(labor substitution with copy)
1st RFE on 4/29/03(company financials)
RFE replied 7/24/2003
I140 approved on 10/4/04
I485/AP/EAD - RD 2/13/03
EAD, AP approved(valid till 8/26/04)
FP done on 4/15/03
2nd AP/EAD RD: 9/1/04
2nd AP/EAD Approved: 10/5/04
 
My I-140 is now pending for more than 930 days

Congratulations unlucky786.
My case is also same. They are waiting on the original labor. I think there is nothing we can do about it. We just have to wait an see.
 
tiredofins, anjuvinu, byomkesh....Please update your current status

Hi tiredofins, anjuvinu, byomkesh and anyone else in the same situation (labor substitution with missing original original LC certificate). Please update your current I-140 status details on your cases. Any approvals or RFEs.

My LUD changed today but looking at other posts it looks more like a mass update. Any changes in your LUDs.

Thanks.
 
GC_VOID,

I am in the same boat.

Do you have an update?

Can you provide LUDs on your I-140? Did your inquiry resulted in changing LUD?

Thanks

SUB-LC I-140 RD 01/28/2004
LUDs: 04/14/2004, 11/29/2004, 11/30/2004 (Not sure if last 2 LUDs are result of inquiry)
 
whereismycase,

I haven't heard anything positive so far. I have made 2 inquiries until now and the response has only been that they are still looking for the original LC. My LUD had also changed on 11/29 (not any further) and I don't think it was because of the status inquiry because that was made sometime in october. But the lawyer's got a fax message on 11/29 saying "an officer is currently working on the case" and whatever that may mean???
I guess there is nothing we can do at our end. Just have to wait until they find the document...or will they ever?

Please post any updates on your side to this thread and I'll too if I have any.

What is your EB category? have you filed for your 485.

Thanks
 
140 pending for 3 years - waiting for original ETA 750

Heelo Everyone,

I have been a silent member of this forum for over 3 years. I just needed to share my frustrating wait for I-140 with people in similar situation. Please post your recent experiences (of approvals, if any) i.e. after waiting for 140 for long periods due to missing/waiting for original ETA 750.

My case details are as follows
I-140 with substitute labor - ND/RD 4/30/2002 - yes it's 2002 not a typo, I40 updated with employer name change (acquisition) in Sep 2002, 485 filed in Sept 2002, RFE on 140 issued in Feb 2004 for ability to pay and strangely USCIS insisted that I submit all my original marksheets/experience letters and failing which they would not process further, RFE replied in May 2004 with originals (lawyer promised to get the certificates returned after adjudication), EAD/AP approved in Oct 2004, LUD keeps changing whenever lawyer makes an enquiry. Otherwise keep waiting , lawyer enquiries every 2 months and tells me that USCIS is waiting for original labor file. God knows why they need 3 years to locate a file.

Thanks
 
in the same boat

Guys,

I am also in the same boat. My I140 with substitute labor was filed at CSC on 03/24/04. Last week when my lawyer contacted USCIS, they mentioned that they are waiting for my original labor from National Visa Center. Looking at the posts in this thread, looks like i am in for a long wait....
 
LC-SUBs and stuck with original ETA 750 Guys,

Looking at this thread I nave no hopes on my I-140 getting approved this year. Its going to be really a Looooooooooooooong wait................


:mad: :mad: :mad:
 
My Lawyer contacted AILA CSC Liasion for help

talkative said:
This is terrible :( Anybody has ideas as to what we can do? Congressperson?
Click to expand...


My lawyer has initiated an inquiry with AILA CSC liasion on 1/11/05 requesting for a case status.AILA has not yet responded to this request till date. Lawyer says that we will get more information on this case via AILA. I am not sure what AILA CSC liasion can do with missing ETA 750 cases.
 
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