REF on certified copy of labor certificate?

I

ivy2004

New Member
Can anybody had seen this type of REF please share your experience?

Does INS change case status to REF in this case and send the request to DOL? How long it usually take for INS to get the response from DOL?

Thanks
 
I have seen peopel posting a RFE where INs asked for the original copy of approved labor

is this what they looking for in ur case? if yes then I guess RFE would go to employer as it is 1-140 RFE.

what is ur ND?
 
Originally posted by ivy2004
Can anybody had seen this type of REF please share your experience?

Does INS change case status to REF in this case and send the request to DOL? How long it usually take for INS to get the response from DOL?

Thanks
Click to expand...


The INS can contact the DOL, IRS and a host of other agencies to verify your and your company's information. But that will not change your online status.

Only if a notice is sent to you / your lawyer the status changes.

To reply to yoiur RFE just sent the approved labor with a good covering letter.
hth
dyno
 
Last edited by a moderator:
140 RFE

I havent submitted all my experience letters during the 140 filing. I dont have one of the letters.

Now I have got an RFE for educational Eval. My company is working on response to the the RFE on educational Eval

Is it possible to get a second RFE again for the experience letters?
or Will it result in denial of 140?

Gurus, pls advise
 
Re: 140 RFE

Originally posted by njguy007
I havent submitted all my experience letters during the 140 filing. I dont have one of the letters.

Now I have got an RFE for educational Eval. My company is working on response to the the RFE on educational Eval

Is it possible to get a second RFE again for the experience letters?
or Will it result in denial of 140?

Gurus, pls advise
Click to expand...


A second RFE MAYBE raised. But that has no bearing on your approval. If you have the exp letters reply to that RFE and you can get through.

hth
dyno
 
Originally posted by ivy2004
Can anybody had seen this type of REF please share your experience?

Does INS change case status to REF in this case and send the request to DOL? How long it usually take for INS to get the response from DOL?

Thanks
Click to expand...

Could you please let us know your details (ND and EB2/EB3 /)?
It will help us a lot. Thank you.
 
Re: Re: 140 RFE

Originally posted by dynobuoy

A second RFE MAYBE raised. But that has no bearing on your approval. If you have the exp letters reply to that RFE and you can get through.

hth
dyno
Click to expand...
I am worried that if I give exp letters also when they have asked for educational evaluation, it might open a can of worms and they might then ask for financial statement etc.

I was thinking, why just submit what they have requested instead of submitting more stuff(at the risk of making them more cautious)

Thanks

My ND: 02/20/03 EB-2
 
Mine is EB2, Labor cert subsititution. ND Aug. 2002. This is the second REF on my case. First one was on June 2003 asking for the original labor cert. This time they sent REF on Nov 2003, but lawyer and I never received it. recently lawyer got reply to his inquiry from INS saying it was for DOL. If they usually don't change the status to REF like dynobuoy said. I'm confused. Besides, it had been 3 mths since they sent RFE. But the online status remains the same, does it mean they haven't received the certified copy of labor cert? Does anybody know how long it takes?
 
Re: Re: Re: 140 RFE

Originally posted by njguy007
I am worried that if I give exp letters also when they have asked for educational evaluation, it might open a can of worms and they might then ask for financial statement etc.

I was thinking, why just submit what they have requested instead of submitting more stuff(at the risk of making them more cautious)

Thanks

My ND: 02/20/03 EB-2
Click to expand...

I think you misunderstood what I said. For this RFE just reply with what they had asked. If a 2nd RFE is raised for exp letters, reply with exp lettters.

hth
dyno
 
Re: Re: Re: Re: 140 RFE

Originally posted by dynobuoy

I think you misunderstood what I said. For this RFE just reply with what they had asked. If a 2nd RFE is raised for exp letters, reply with exp lettters.

hth
dyno
Click to expand...

Dynoji

I have now been able to get the missing experience letter from my previous employer.

So, do u suggest sending all experience letters along with educational eval OR
just sit quiet with exp letters and send only educational eval

Sorry, if u find me asking too many questions

Thanks so much!
 
ivy2004,

I think we have the same issue. My case status online is confusing because it was an internal RFE and INS sent the RFE directly to DOL requesting for certified copy of my approved LC.

The status online never changed and it's been over 90 days now because DOL never responded to the RFE from INS.

I think INS should changed the messaging to say "we sent RFE to DOL." Also, I don't know what's the deal with DOL and why they have not responded to the internal RFE? :confused:

I wrote a letter to DOL requesting for a copy of my LC using FOIA law (freedom of information act). People who've done it said it usually takes 30 days to receive the papers.
 
miguelv,

Now that only INS can request the certified copy of LC, do u know why DOL never reply to REF from INS?

Can I use the FOIA law as a beneficiary of that labor certificate?


Thanks
 
ivy2004,

I'm not exactly sure why DOL could not respond to INS' RFE right away. For some reason DOL could not issue a duplicate certifed copy of your labor certification in a timely manner. I have no clue why they are taking that long but there is definitely something wrong there.

I don't believe it should take that long (4 months and going for me) for DOL to issue duplicate copy. The biggest pain is that because of this INS is not giving me my EAD and puts my i-140 on hold.

You can try the FOIA and see if that works for you. I just submitted my FOIA request to DOL so we'll see what happens.


Hope this helps.
 
Re: Re: Re: Re: Re: 140 RFE

Originally posted by njguy007
Dynoji

I have now been able to get the missing experience letter from my previous employer.

So, do u suggest sending all experience letters along with educational eval OR

For this RFE just reply with your educational eval. If ANOTHER RFE is raised then reply with your exp letters. You don't need an experience letter from the employer. Any collegue who worked with you during that period can give you a letter.

hth
dyno

just sit quiet with exp letters and send only educational eval

Sorry, if u find me asking too many questions

Thanks so much!
Click to expand...
 
ivy2004,

i tried going to that link that you gave me but it said site is under construction. Anyway, just curious what did you found out? Did you see any information in that website related to RFE on certifed copy of labor cert.? let me know.
 
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