NOID on I-140 - Please help

A

arp220glx

New Member
Hi,

My perm application was certified on Feb 9th,2006 but never receied original
labor certificate approval notice. My attorney waited until end of March and
went ahead with I-140 filing and attached a letter, requesting USCIS to get the duplicate from DOL, as per DOL instructions on "Lost or Misplaced Labor
certification, Do not reject"(perm_faqs_3-20-06).

My I-140 application was transfered to Texas Service center and yesterday we received NOID(Notice of Intent to Deny) stating the following:
"The petitioner must objtain this certificate before filing the I-140 petition
with USCIS. The beneficiary must meet the qualifications stated on the labor
certification as of the priority date. The priority date is the date the
ETA-750 or 909 is accepted for filing by the DOL.
The Department of Labor's - certified ETA-750/9089 or "labor certification is
requirement by Sections 203(b)(3) and 212(a)(5) of the immigration and
Nationality Act.

In order to continue processing this petition you must submit an original,
certified form ETA-750/9089, and evidence that the beneficiary posesses the
required experience, training and education specified as job requirements in
the certified labor certificate."

I am confused about this NOID as my attorney already followed the formal
procedure about missing labor certificate.

Please help and advice on how to reply to this NOID.


Thanks in advance.
 
Looks like while transferring the case to TSC, the cover letter etc might hav egotten misplaced. These are common mistakes that USCIS personnel make. You could either resend the app making sure there is an accompanying cover letter which states in bold that the labor has been certified and hence the app should not be rejected.
A smart attorney will also call USCIS and let them know of their error.
 
I-140 Approved

My I-140 application was approved on July 7th. Attorney sent reply on June 22nd along with the request for duplicate labor certificate and screen print of certified PERM case.
I don't know if TSC was able to get duplicate labor certificate in two weeks or they just verified case status online and approved the application.

Good Luck to all.

PERM Labor Filed on Jan 12,2006
Approved - Feb 9,2006
Never received approval notice
I-140 Filed - April 28,2006
NOID on I-140 on May 23,2006
Replied - June 22nd
I-140 approved - July 7,2006
 
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