SillyMan, Gurus, Advice please!!

[linuxrox]

this is reg my 140 and the RFEs that it received! (hitch: Original LC lost ..attorney applied with a copy of LC)
I was using a subst labour (EB2).

first RFE came in may 1st week, on companies Tax returns for the last 3 years and a letter from the company that they didnt use the LC for anyone else, responded by june last week.

Mid-aug, second RFE arrived:

1. Asking for original LC as the letter from company said that the LC was not used for anyone till now. My Attorney says there is some memo which says that with a LC copy 140 can be filed if the original is lost and so she is planning on sending that memo copy asking INS to request a duplicate copy of Labor from DOL. Will this fly?

2. Its a small firm, so INS dug out all the H-1s that the company had till now and asked why the firm had so many H1s (close to 40) compared to only 15 working right now. So they asked for a detailed list of who joined when and who left when and positions. This has been compiled and passed on to attorney.

3. Whether the beneficiary (yours truly) is on-site or with company project and if on-site proof ..so my company is giving the copies of the last 2 client contracts to attorney.


Question: Will my 140 see the light of the day ??
On the point 1 above, will my attorney's response stand?

anyone who has experience with this kind of RFE's, your inputs please!
--Rox

 

[Silly Man]

linuxrox, what you are doing is the best you can do. Will the above fly or not? I don't know - but if it doesn't - you couldn't have made it fly - because you already did the best you could.

So do your best - quit stressing - and enjoy.

If it makes you feel any better - cases are rarely ever rejected.

 

[tk_tk]

i think u should be fine

linuxrox, Here is my take on your issue.

LC is filed by the company not on behalf of a particular employee. Its a generic application and anyone who fits that application's job code can use it. So BCIS has no way to find out whether it was filed for your or your using someone's LC. I have seen lot of guys using others LC and got away with that. You should definitely be fine on this issue.

Reg point 1, Your approved LC copy is not fake. So your lawyer will definitely have a good say on this and also if BCIS is giving an option to apply I140 with a copy of approved LC, why bother man?

keep it cool and relax

good luck
-tk