pre-approved labor and issues with I140 / 485 ?

G

greencardin2005

Registered Users (C)
hello,
This is my first post on this portal. My friend adviced me to first get feedback from Immigrationportal so here I am . I am hoping to get some expert advice from you all.

Has anyone used a pre-approved LC and applied for I140 / 485 had any problems at the I140 stage ?

I have heard that INS is scrutinizing substitute / pre approved labors and there are strong chances of getting queries on I140 application if a pre approved labor has been used .

Anyone had any such experience ? Please share your views.

I am considering a pre-approved labor .But, before I proceed , I would like to know what is it that I should be careful about so I can take all precautions neccessary.
 
There are lot of threads on this site about labor substitution. Please make a search in this forum and red all of them.

Thx.
 
I applied for my green card based on a Labor Substitution last month. Ive already received my EAD and AP. Still awaiting a response on the I-140.
Make sure you satisfy the minimum requirements in the original LC, *on the date the LC was filed*. If you satisfy that and provide all documentation you should be fine. Always consult an immigration lawyer first.
 
Thank you , onboard.

Could you elaborate on what you mean by " on the date the LC was filed " You are emphasizing on that - please explain.
Could you give some more details about your case ?
Which Service Center did you apply to ? How long did it take to get the EAD and AP ?


onboard said:
I applied for my green card based on a Labor Substitution last month. Ive already received my EAD and AP. Still awaiting a response on the I-140.
Make sure you satisfy the minimum requirements in the original LC, *on the date the LC was filed*. If you satisfy that and provide all documentation you should be fine. Always consult an immigration lawyer first.
Click to expand...
 
Is there a Time limit after which using an approved labor beccomes risky?
I have offer, where the labor was filed on 2000 and was approved in Feb 2001. Do you, experts, see any problem if I-140 is applied after 4years using that labor as substitution?
 
From what I observed in other posts, there should be no issues because the labor was applied in 2000. Matter of fact, with retrogression into effect shortly, I think you stand to gain.
 
when can i file for I140 for Feb 2003 Approved labour

My employer have an approved labour on Feb, 2003 in eb3 category. Can anybody pls let me know when can i file I140 in NSC center. Where do you gets these dates.. so i can track down later..
 
Substitue Labor - 140 denied need help

Hi Friends,

I took substitute labor for future employment and filed 140/485 in 2003.
I received FP/EAD/AP in 3 months.

In September 2004 my I-140 had a RFE due employer financial condition not meeting their requirements in 2001!! We submitted the required proof of income, tax returns etc... but it was denied in Jan 2004. I also received
the letter that 485 is rejected and non-appealable.

Then we changed the lawyer and have appealed to commistioner using
I290B. The online status is that reply will be received in 30 to 180 days.

Any one with similar experience. What are the chances of passing thru!!!
Any one with similar sitution.
1. Is my work card /AP valid.
2. if I-140 get approved, then 485 has to be applied again ?

I am running on 7th year H1 extension with my current employer and
my case is in labor for past 5 year (thats another sad & long story!!!)

Thanks
-Sanjis
 
hi sanjis,

Mine is a similar case. Substitute labor for future employment. we filed for 140/485 in april 2003.

in your case u atleast got ur ead. We did not since by the time ead prcessing time was reached they sent a query for 140 about company financials in 2001 (company had a loss that year)..so becoz of the query no ead or AP.
We answered the query but 140 & 485 were rejected in nov 2003.
We filed for an MTR in nov 2003 but the case was moved to AAO in april 2004.

We are still waiting to hear from them. Forums say approximate time frame for AAO is 12-14 months...12 months are up....maybe by june we should hear something..hopefully positive.

i dont know what the chances of approval are in this case..but i do know that some cases have gone to AAO and have been approved.

If 140 is approved my understanding is that we can refile for 485 and the old priority dates would apply.
 
Pre approved labor- 1999

One of my friend wants to use pre approved labor 02/18 /1999 .

1. Name of Allien -- Missing.

14. College degree required - Bachelor of Science.
Major field of study -- Missing.

Is it ok for him to proceed further?

Pl. let me know your valuable advice. Your help is appreciated.

Thx in advance.
 
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