Pls help..with this kind of labor substitution?

W

wantgcasap

Registered Users (C)
:mad: :mad: :mad: Mine is a labor substitution case and my company applied my 140/485 using approved labor of candidate A. But they DID NOT have the ORIGINAL approved labor at the time of filing as it was used to file 140 for the candidate A

Candidate A’s 140 was approved and my company never applied 485 for candidate A as he/she left the company.

When my attorney applied my 140/485 using the COPY of approved labor of candidate A, they sent a letter to USCIS to withdraw the old 140 for candidate A as one cannot file two 140’s using the same approved labor.

Mine was filed concurrently with ND : 10/17/03. Recently on June’9th , my attorney received a letter from USCIS stating that they had withdrawn old 140 for candidate A and they sent the ORIGINAL approved LABOR of Candidate A to my attorney.

I’m not sure how they are going to process my 140 with the COPY of approved labor.
I thought USCIS will request the ORIGINAL directly from DOL, but I don’t understand how my lawyer got the original. Anybody had this kind of situation in the past?

I asked my lawyer to send that ORIGINAL approved labor to USCIS now as they need it to process my 140. But my lawyer says that they do not have to send the ORIGINAL approved labor to USCIS, they will send it only if they request for it.

My Last updated date was never changed from 10/23/03. I guess they might have touched my application as they had withdrawn the old 140.

Do I have to take any action at this point or just wait n see? I think I cannot initiate a query as the processing dates for EB3 are Oct’23. Any suggestions????
 
Don't be mad... you are OK :D :D .. I don't see anything wrong with Lawyer's position. Infact if the Lawyer goes ahead and sends the original labor certificate, you should be more worried. Documents sent to USCIS without a RFE ( Request from USCIS) have a likely chance of getting lost.

When USCIS picks up ur. case they will see copy of Labor and request ur. lawyer to send original one. At that point when he/she sends the labor original, ur. case will be quickly approved. This is my 2 cents..

will_get_there
 
I don't know if they have ever touched my case or no idea when will they touch it? All i can do i guess is hoping for the best. Thanks for your comforting words though..
 
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