RFE for I-140 (Labor Substitution Case)

B

byomkesh

Registered Users (C)
I received an RFE for a Labor Substitution case (the requirements match exactly).

According to our lawyers, the RFE requested the original Labor Certification and this apparently our lawyers/company doesn't have. My Lawyers said that this is OK and that there is specific regulations which say we don't need the original and that they sent responded to the RFE pointing out this regulation.

My questions are:

a) whether anyone else had a similar situation and whether what my lawyers said is accurate.

b) Whether this is something to worry about or whether this is fairly common.

c) My I-140 was submitted in the second half of 2003. According to the official websites, they are processing Feb 2003 (EB3). So how come I am receiving RFEs? Is this related to issuing EAD/APs (I-485s were concurrently filed)

thanks
byomkesh
 
re:

as far as i know INS wants to see original copy of the labor because 'They want to make sure that the labor was not already used for someone else'. i think u need to convince them abt this .i was reading another post where the company had issued a letter saying that they had not used the labor for anyone else.
 
The reason for this RFE might be that the original LC was not filed with your Substitution petition. The original LC has to be filed with I-140 petition.

As I140helppls mentioned, you (your Company) need to prove to immigration authorities that the LC which is being substituted was not used to obtain a GC.

Instances when you might not have the original LC is that if a I-140 petition was filed for the original beneficiary. In those circumstances, the previously filed I-140 needs to be withdrawn. BCIS will then remove the original LC from that (previously filed) I-140 and place it in your I-140 file and then process the same.

It can lead to some delays. Nothing to worry. You should get an approval.

Good Luck.

Cheers,
anonymous
 
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