RFE on Sub LC looking I140 receipt number

V

venkatsri

Registered Users (C)
i recently applied my 7th year ext based on substitue Labor thro permimu processing.

Today i got an RFE,
"The name on the application for Alien Employment Certification is "Original Employee Name".But the name on the petition is "MyName".Please provide evidence that 365 days or more have passed since the filing of either a required LC application,Form ETA 750, or the filling of the employment based immigration petition."

Can anyone please let me know how to respond? or anyone had this kind of situation?

Any Suggestions always welcome,

Attorney's Please help me

Thanks,

VKT
 
What are the documents you have attached for 7th year extension?

If you use substitute LC, you have to put the ETA 750A and ETA 750B of the original LC application.... which u can obtain from the
DOL where your sponsor has applied this LC from.

If its not a substitute only a letter from DOL is enough saying your reciept date of application at state level.

ME too applied for 7th year ext. but not heard anything... but mine is not substitute.. I have filed based on >365days clause on LC

all the best
 
Tell me also this....

Did you apply for I 140? is it pending?
Or u just used a existing LC substitution and yet file I 140....

This point will clear many of our forum members.... because there is a debate that some thing should be pending either LC>365 days or I i40 or I485 applied but pending....


Your INS query shows that they are gonna accept your application if u send the required supporting documents
 
Apply I-140...

No,I have to apply for I-140 based on Receipt Number we can respond RFE.That is what my speedless lawyer told me.


Any thoughts ,

VKT
 
Hi Venkatsri

GCCRAWL is right.

There are some postings in this forum where some people got EAD's in less than two months. So, a wise decision would have been to apply for the I-140, EAD, I-485 on Concurrent basis. By now you would have got your EAD and you don't have to worry about 7th year extension.

BCIS question looks little ambiguious to me. It could be :
1] They are questioning the >365 days clause in your case. Since the company did not file ETA 750 for you before 365 days, it could be bigger problem than it appears superficially. (I don't mean to scare you and I am not an expert in this area either).

OR

2] They are questioning if the original filing date on the approved LC is >365 days or not.

Talk to your attorney. If required, take a second opinion from some other attorney before responding to the RFE.

If you are still on Status (If your current H1B is still valid), consider applying for I-140 and EAD right away without worrying about the 7th year ext RFE.
 
Thanks

Hi Raju,

Thanks for your Information.
Here is the problem is my H1 SIX Yr limit coming to end on Oct.Still i didn't file my I-485.That is why i filed for 7th yr visa extension.


VKT
 
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