URGENT ! ! ! ! HELP NEEDED : I140 Issue

N

ngodse

Registered Users (C)
hi folks,
 I have filed my I140 sometimes in July \'01. That time my lawyer filed it with the xerox copy of LC, because original was not send to the lawyer. In nov \'01 we received the RFE regarding the eduational evaluation (we are under EB2 catagory) and that INS didn\'t receive the original LC. we submitted papers related to the edu. qualification. but the original LC was supposed to be send by the DOL to the INS (i.e. according to the lawyer) but not yet sent till date. we asked our lawyer about it frequently. But his aproach is \'wait and see\'. He even phoned the INS and was told by them that such a case can take another 1-2 months. but now I am getting desparate. Is there any other approach to this problem? Is there anybody with the similar experience. Please give your inputs. shall I take another lawyer\'s advice?
thanks in advance.
bye
 
Your lawyer is wrong

DOL will send the approved LC to the lawyer only and we have to attach the original while sending the I140 application.
 
Thanks vssankar, but I know we have to submitt the original copy, but this is also true that it didn

now what is the solution for that? I think there is a lawyer in the forum. if I am not mistaking Mr. James Milles. Can you give your input Mr. Mills please. I am really desparate. Waiting for some help. please give your inputs. As per my company\'s policy I couldn\'t directly contact my lawyer.
Thanks in advance.
bye
 
has anyone heard of such case before ??????

I just wanted to know whose fault is this 1. My lawyer who supposed to have asked for the orginal LCC but got the xeroxed copy of it instead 2. DOL who send the xerox copy and not the original to the lawyer. Those guys had told my lawyer that they will send it to INS directly ( which I think is not the normal practice then WHY ME ONLY ????? ) 3. Or the company for which I am working. It\'s a reputable and nice company, then how can they hire such a bogus lawyer. I am wasting so much time. Please help. give me your inputs.
thanks for listening.
bye
 
mgodse,

I am sorry you have to deal with such an incompetent lawyer.

Go to http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_656/20CFR656.30.htm and scroll down to the point e.

Please show your lawyer the point e:

(e) Certifying Officers shall issue duplicate labor certifications only upon the written request of a Consular or Immigration Officer. Certifying Officers shall issue such duplicate certifications only to the Consular or Immigration Officer who submitted the written request.

An alien, employer, or an employer or alien\'s agent, therefore, may petition an Immigration or Consular Officer to request a duplicate from a Certifying Officer.

[45 FR 83933, Dec. 19, 1980, as amended at 56 FR 54930, Oct. 23, 1991]

This means the DOL will issue a duplicate LCC only to the INS, not to your lawyer or anybody else. However, your lawyer has to initiate this by his official petition!!!

The problem is that sometimes the INS and also the lawyers are ignorant about this procedure. Your lawyer must write an offical petition to the INS that they have to petition and request from the DOL a duplicate of your LC. I would also suggest that your lawyer sends a printout of the above point e with the request letter. Your lawyer cannot wait for things to happen on its own, because they will not!

Good luck!
 
ngodse,

I think you should not waste your energy on who made a mistake at the beginning. Bad things happen!

However, your lawyer should have known that he wasn\'t suppose to send a Xerox copy to the INS with your I-140 application. Then, he should have known that he needed to do the procedure that I described above. So I believe the biggest blame goes to your lawyer who should be on top of your application.

I would not hesitate to believe that your lawyer got the original and somebody in his office made a copy and displaced the original. However, this is a pure speculation on my part!

Cheers!
 
The attorney is CORRECT (as is Marta)

DOL is precluded from sending a duplicate original to anyone other than an immigration or consular officer by 20 C.F.R. Sec. 656.30(e) which states:

   Certifying Officers shall issue duplicate labor certifications
   only upon the written request of a Consular of Immigration
   Officer. Certifying Officers shall issue such duplicate labor
   certifications only to the Consular or Immigration Officer who
   submitted the written request. An alien, employer, or an employer
   or Alien’s agent, therefore may petition an Immigration or
   Consular Officer to request a duplicate from the certifying
   officer.

The attorney needed to have INS ask DOL for the duplicate. Typically, this can take a LONG time. There\'s not much to be done at this point but this is a good reason not to misplace the original LC.

I posted this information months ago at Jim M "Any one ever got RFE like this" 1/8/02 1:12pm

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
Good luck.

Jim
 
ngodse - think of it the other way

The lawyer is not that stupid to send only the xerox copy of LC - he/she knows what the immigration law says about GC.

The reason behind the lawyer\'s ignorance is that the lawyer does not work for you, while you are the beneficiary, the lawyer\'s client is your company.

I would suggest you speak with you supervisor at your company, if it is reputable and nice (not intentionally delaying your case), let them talk with the lawyer and see how the things go from there.
 
Actually sometimes LCs are lost or never received

Lots of paperwork goes around a law office. There are sometimes thousands of files and things get misfiled, misplaced and otherwise disappear. Sometimes things get lost in the mail or are never sent by DOL (I\'ve received paperwork that was supposed to go to another attorney for a different case). I\'ve never lost an LC but I inherited about 10 cases this time last year where the LC was lost. Every one was a major pain and I\'m now on a first name basis with some of New York DOL.

If by some chance INS denies your I-140 (this happened to me on one of the cases), file a Request to Correct a Service Error, document that INS was requested to get the original form DOL, and INS should reopen the case (they did for me).

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
just imagine a construction firm does the work as most lawyers do...

it will take another 200 years to build new york city with misplaced drawings...:)
 
THANKS FOR YOUR RESPONCES !!!!!!!!!!!!!!!!!!!!!!!

I will update you all as the case will progress further. Thanks again Marta,Jim Mills,Kkimm .
 
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