Need export advice on 3 quick questions

S

sanjeevt

Registered Users (C)
Hi-

I will highly appreciate your help on following questions:

:eek: I have applied for I-140 in Feb. this year. I have the option of filing I-140 and I-485 concurrently and I had initally thought of going I-485 route.
Since I-485 takes longer, I want to opt for the Consulor Processing. Can I do that now? While filing I-140 I had asked my lawyer that I want to go I-485 route and if I decide to go the other route of Consulor Processing, will it delay the process? Will they have to file additional documents to incorporate this change?

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:eek: My lawyers told me they have lost my Labor approval notice and it will delay the I-140 process since INS will have to get a duplicate from the labor department, which delays the process of I-140 approval by atleast one year. Is that true?

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:eek: My labor was filed 2 years back showing a salary about 10K more than what I actually earn. Not sure why but may be because they thought I will make that much once I am at I-140 stage. Does INS generally ask for the paystubs for I-140 / I-485 / Consulor processing? If yes and if my salary is less than what was shown, will the application rejected immediately?


THANKS MUCH for all your time and help.
Sanjeev.
 
Answers to ur. question based on my knowledge. This is not a expert opinion so take it or leave it, it is free :)

1) If you opted for AOS while filing ur. 140 then u will have to file 824 once 140 is clear and then based on which consultate u want ur. CP at, either u have to wait for 824 to be approved or u can do a attorney certified CP. Overall it will take 5-6 months from filing 824 to when u can go for CP using attorney certified 140. However if ur. consultated does not accept attorney certified 140, then don't go by CP route. 824 alone will take 2 years to get approved.

My advice is do AOS as it is becomng faster now with all the USCIS memos floating around.

2) If ur. lawyer lost the Labor, most likely USCIS will not allrove the 140 at all. They will request DOL for labor certificate if they themselves have lost it like in case of a labor sunstitution. If ur. lawyer has lost it, force the lawyer to get a duplicate copy from DOL and apply 140 again or send to USCIS with RFE. There is a thread on murthyforum where a 140 was rejected due to this. Check it out.

3) Current salary does not matter as long as ur. employer is able to give a letter stating that they will pay u that raised salary once ur. GC is approved. 10 K should not be a problem there I believe and u can always go to some other company and work for 10K raised salary using AC21.

Hope this answers ur. qs.

will_get_there
 
Question for Sanjeev...

Sanjeev,

Sorry to hear that the LC approval notice was lost. Then how did you apply for I-140 in Feb?? Was it applied without the LC??

As will_get_there and vortex suggested, your attorney/USCIS can approach DOL to get a copy of your LC.

Good Luck,
anonymous
 
Hi-

Thanks for all the replies.
Yes, the lawyer still went ahead and applied for I-140
They told me that in this case since the labor certificate receipt is lost, the law firm can't talk directly to DOL to get a duplicate.
They filed my I-140 along with some document / statement that will say that the labor is approved but the receipt is lost, and INS (can only) talks to DOL to get a duplicate of the labor and this communication between INS and DOL is time consuming sometimes dalying the process for more than a year.

Can they cancel my I-140 on the basis that labor receipt is lost?


Thanks
Sanjeev.
 
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