Missing original ETA 750 for Labor Substitution
- Thread starter gc_void
- Start date
Hi,
I have been waiting for close to 2 years now. The wait is very frustrating.
whereismycase, talkative and calgc2004 have you guys atleast got your EAD and AP approved. Have you received any RFEs so far on your 140. Are your cases concurrent. Please post your response.
Thanks.
I have been waiting for close to 2 years now. The wait is very frustrating.
whereismycase, talkative and calgc2004 have you guys atleast got your EAD and AP approved. Have you received any RFEs so far on your 140. Are your cases concurrent. Please post your response.
Thanks.
gc_void
Hi gc_void,
below are my case details :
EB2 substitute labor (CSC)
140 ND : 03/24/2004
485 ND : 10/14/2004
EAD/AP AD: 12/23/2004
No RFE's on either my 140 or 485 to date, only information i got after my lawyer called the service center is that they are searching for the substitute labor at National Visa Center.
Hi gc_void,
below are my case details :
EB2 substitute labor (CSC)
140 ND : 03/24/2004
485 ND : 10/14/2004
EAD/AP AD: 12/23/2004
No RFE's on either my 140 or 485 to date, only information i got after my lawyer called the service center is that they are searching for the substitute labor at National Visa Center.
Last edited by a moderator:
GCTake2Long
Registered Users (C)
Could you guys share information about the nature of substitution?
1) Whether there was ever a 140 filed with the original labor?
2) If there was one, whether the original's 140 was marked with consular processing or 485?
3) Whether the original's 140 was approved?
I am sure they do not take this long for all sub labor cases. Just trying to find out which cases cause longer delay. My 140 RD is April 7. Substitute labor. Orginal applicant's 140 was filed with consular processing, but was withdrawn 2 months after filing as he was laid off. Not sure how long USCIS will take to locate his labor and where that labor cert is.
1) Whether there was ever a 140 filed with the original labor?
2) If there was one, whether the original's 140 was marked with consular processing or 485?
3) Whether the original's 140 was approved?
I am sure they do not take this long for all sub labor cases. Just trying to find out which cases cause longer delay. My 140 RD is April 7. Substitute labor. Orginal applicant's 140 was filed with consular processing, but was withdrawn 2 months after filing as he was laid off. Not sure how long USCIS will take to locate his labor and where that labor cert is.
Here are my details - EB3 substitute labor
Filed I-140 on 3rd March'04 and I-485 on 23 rd March'04.
Got RFE on I-140 and I-485 on Dec 1st.
Replied I-485 RFE in January'05 and I-140 on Feb 18th' 05.
I got the mail from USCIS stating that they have received the I-485 response.
But I haven't got any mail for I-140 RFE response yet. It's been 6 days now.
My company HR told me that they had original labor with them when they filed the application. But labor PD was Sept'99. I hope that labor was actually original.
I-140 RFE was for ability to pay and original education documents.
Filed I-140 on 3rd March'04 and I-485 on 23 rd March'04.
Got RFE on I-140 and I-485 on Dec 1st.
Replied I-485 RFE in January'05 and I-140 on Feb 18th' 05.
I got the mail from USCIS stating that they have received the I-485 response.
But I haven't got any mail for I-140 RFE response yet. It's been 6 days now.
My company HR told me that they had original labor with them when they filed the application. But labor PD was Sept'99. I hope that labor was actually original.
I-140 RFE was for ability to pay and original education documents.
whereismycase
Registered Users (C)
Here are my details
I140 RD 01-28-2004.
I485 - Will be filed soon.
I140 LUD 11/30/2004 because of inquiry. NO RFE on I140 so far.
I140 RD 01-28-2004.
I485 - Will be filed soon.
I140 LUD 11/30/2004 because of inquiry. NO RFE on I140 so far.
unlucky786
Registered Users (C)
GC Approved
FINALLY, my luck has taken a turn!
I got my I485 approved. I got confirmation email and 3 days later I got the approval notice. Thanks for everyone on these portal. Some guys are really great to spend so much of their time in answering questions from total strangers. So I did my part by making a donation to the immigrationportal.org.
This portal was my main source of information for all my immigration questions.
I took a infopass appointment for passport stamping.
Here are my case details.
My Self
---------
I140 RD:1/2003(substiture labor)
Approved 10/2004( after 1 RFE).
I485 RD:2/2003
EAD1, AP1 approved 8/03(valid till 8/26/04)
FP1: 4/03
EAD2/AP2 applied 8/04
EAD2/AP2 approved 10/04
FP2: 2/2005
I485 Approved 2/2005( exactly 2 1/2 weeks after FP2)
Spouse
-------
I485 RD: 2/2003
EAD1, AP1 approved 8/03(valid till 8/26/04)
FP1: 4/03
FP2:10/04
RFE: 10/04(replied same month)
485 approved 2/2005
FINALLY, my luck has taken a turn!
I got my I485 approved. I got confirmation email and 3 days later I got the approval notice. Thanks for everyone on these portal. Some guys are really great to spend so much of their time in answering questions from total strangers. So I did my part by making a donation to the immigrationportal.org.
This portal was my main source of information for all my immigration questions.
I took a infopass appointment for passport stamping.
Here are my case details.
My Self
---------
I140 RD:1/2003(substiture labor)
Approved 10/2004( after 1 RFE).
I485 RD:2/2003
EAD1, AP1 approved 8/03(valid till 8/26/04)
FP1: 4/03
EAD2/AP2 applied 8/04
EAD2/AP2 approved 10/04
FP2: 2/2005
I485 Approved 2/2005( exactly 2 1/2 weeks after FP2)
Spouse
-------
I485 RD: 2/2003
EAD1, AP1 approved 8/03(valid till 8/26/04)
FP1: 4/03
FP2:10/04
RFE: 10/04(replied same month)
485 approved 2/2005
Time it takes to get the original ETA750
Hi Guys
I have been following this thread for a short while. here are my details
I-140 RD March-2004
I-485 RD May-2004
LUD on I-140 changed on 12-2004 but no status change. I think that was the time when BCIS opened the file and the officer asked for original ETA 750 from national center.
Anyone on this forum knows how much time it takes for the department to get the original ETA750 from the date it is requested by the officer.
or
anyone know how much time it took to get the I-140 approval after the I-140 date became current.
Thanks
K
Hi Guys
I have been following this thread for a short while. here are my details
I-140 RD March-2004
I-485 RD May-2004
LUD on I-140 changed on 12-2004 but no status change. I think that was the time when BCIS opened the file and the officer asked for original ETA 750 from national center.
Anyone on this forum knows how much time it takes for the department to get the original ETA750 from the date it is requested by the officer.
or
anyone know how much time it took to get the I-140 approval after the I-140 date became current.
Thanks
K
whereismycase
Registered Users (C)
you are asking million dollar question!! it looks like it changes case to case. No one has any clue how it gets approved? even USCIS doesn't have any clue!!
We are the most unfortunate people
My 140 is waiting for original labor to be found from April 30, 2002. Its been nearly 3 years. I simply do not know why they can't find a file for 3 years or is it that they don't want to find it. Sometimes I suspect that the request from USCIS to National Visa Center is lost and USCIS doesn't care to followup. Or is it that the file is lost forever and USCIS can't admit the same. In any case my lawyer says that nothing can be done but wait. Contacting AILA for follow-up with USCIS did not help either.
My 140 is waiting for original labor to be found from April 30, 2002. Its been nearly 3 years. I simply do not know why they can't find a file for 3 years or is it that they don't want to find it. Sometimes I suspect that the request from USCIS to National Visa Center is lost and USCIS doesn't care to followup. Or is it that the file is lost forever and USCIS can't admit the same. In any case my lawyer says that nothing can be done but wait. Contacting AILA for follow-up with USCIS did not help either.
All, I got approved few weeks ago. My RD 12/2003 EB3 filed with copy of LC. at a major employer. It was a nightmare waiting because they refused to issue EAD/AP or even interim EAD for these 15 months.
I don't know what triggered the approval. It may have been AILA inquiries but I'm not sure.
I am happy they approved my case; but I am still unhappy that USCIS has the power to spoil years of our lives, and continue to do it everyday. It's a high price we pay as first generation immigrants.
It also appears that the EB priority date cutoff has made USCIS spend a little more time on old time cases nowadays. Hope you guys get approvals in the near future too.
~T
I don't know what triggered the approval. It may have been AILA inquiries but I'm not sure.
I am happy they approved my case; but I am still unhappy that USCIS has the power to spoil years of our lives, and continue to do it everyday. It's a high price we pay as first generation immigrants.
It also appears that the EB priority date cutoff has made USCIS spend a little more time on old time cases nowadays. Hope you guys get approvals in the near future too.
~T
Last edited by a moderator:
whereismycase
Registered Users (C)
Talkative,
Heartly congratulations!!!! I know how you would be feeling now. Good for you!!
Your case proves that there is still a hope for us unfortunates.
Heartly congratulations!!!! I know how you would be feeling now. Good for you!!
Your case proves that there is still a hope for us unfortunates.
I had asked my company lawyer and he didn't think it was a good idea.. You CAN withdraw your current application and refile. But basically, once you're assigned an A#, everything you apply goes into those files (old application, new application -- everything), and fatter the file gets, the more confused the officer will be, slower the things can get.
Have your lawyer carefully review your application, and the history of the LC used for your case. If your case looks iron clad, your best bet may be to just wait longer and put whatever pressue you can and hope it'll get somewhere.
Withdrawing and/or refiling are rather extreme options, in my opinion. You should make sure you've exhausted everything you can do get THIS one moving before you think of the next..
Have your lawyer carefully review your application, and the history of the LC used for your case. If your case looks iron clad, your best bet may be to just wait longer and put whatever pressue you can and hope it'll get somewhere.
Withdrawing and/or refiling are rather extreme options, in my opinion. You should make sure you've exhausted everything you can do get THIS one moving before you think of the next..
keerat said:
Last edited by a moderator:
When is A# assigned by BCIS
When is A# assigned by BCIS, Is it when you file I140 or you file I485?
Alternatively, I can request my employer to file for my spouse(We both work for the same employer). But the next question would be. Can the earlier I485 will be modified to point to the new I140 (if that is approved first). And what are the comlexities involved in that.
When is A# assigned by BCIS, Is it when you file I140 or you file I485?
Alternatively, I can request my employer to file for my spouse(We both work for the same employer). But the next question would be. Can the earlier I485 will be modified to point to the new I140 (if that is approved first). And what are the comlexities involved in that.
> When is A# assigned by BCIS
I think this is when you file your 485.
> I can request my employer to file for my spouse
This sounds like a better idea. A recent CSC update addresses precisely this issue: http://www.immigration.com/fromtheagency/csc1505.html.
My opinion is that applying a second 140 for your wife is a low risk backup plan in case your own 140/485 goes into a hold pattern and stays there.
I think you also have the option of indicating CP on the 140 filed for your spouse and that can proceed independently of your AOS till some point (which is probably not earlier than 140 being safely approved), where you can abandon one and keep the other.
~T
I think this is when you file your 485.
> I can request my employer to file for my spouse
This sounds like a better idea. A recent CSC update addresses precisely this issue: http://www.immigration.com/fromtheagency/csc1505.html.
My opinion is that applying a second 140 for your wife is a low risk backup plan in case your own 140/485 goes into a hold pattern and stays there.
I think you also have the option of indicating CP on the 140 filed for your spouse and that can proceed independently of your AOS till some point (which is probably not earlier than 140 being safely approved), where you can abandon one and keep the other.
~T