URGENT! I-140&I-485 application returned. Gurus plz help

[Anisa]

URGENT! I-140&I-485 application returned. plz help

Hello Everyone,

My I-140 & I-485 applications has been returned which were filed on July 2. I had use substitution labor and filed my I-140 using copy of ETA 9089.
The returned package has a notice mentioning that I-140 filed without original approved labor.
I talk to my lawyer and according to him USCIS has returned the package by mistake and they has also done this to few others. He is going to send the same package again this week.
Please guide me in this response. Is my lawyer correct?
Can I re-send the application mentioning that copy is already attached?
Where can I find the original approved copy of ETA 9089?

Any response is highly appreciated.
Anisa

 

[Zgreen]

USCIS did return large quantity of July 2 cases before they were told to hold them (then came July 17 new policy), so if your case was one of them you should be fine. But I wonder why it took so long to get back to your attorney if that is the case.

If they returned it because of missing original LC, and your attorney did make a mistake by not including it in the package, it may be a lot more complicated. When you said "Can I re-send the application mentioning that copy is already attached?" did you mean the original copy was already in the package but USCIS overlooked it? Anyway, I don't know what else to do other than re-submitting your case at this point, and hope for the best. Good luck!

 

[Anisa]

Thanks Zgreen for your reply.

My application is returned saying that I have not attached the original copy of approved labor.
My attorney has attached a copy of approved labor and not the original one.
Is it required to send original copy of approved labor or photocopy of original LC is fine?
I guess original copy was used to file previous person I-140 which was withdrawn later on as mine is substituted LC.

 

[ginnu]

Thanks Zgreen for your reply.

My application is returned saying that I have not attached the original copy of approved labor.
My attorney has attached a copy of approved labor and not the original one.

---------------------he should attach original approved labor Carticiate
Is it required to send original copy of approved labor
------YES
or photocopy of original LC is fine?
I guess original copy was used to file previous person I-140 which was withdrawn later on as mine is substituted LC.
------------------did the lawyer mention that on cover letter? may be that person got I-140 approved and if his I-140 was approved and his I-485 was pending more than 180 days and employer revoked I-140 after his I-485 pending more than 180 days then that person became eligible to use AC21. Same LC cant be used for 2 persons I-485 approval. He will get his I-485 approved if he became eligible for AC21 and you will get nothing if his I-485 is approved before your I-485. talk to your employer/lawyer for more info

-----------------

 

[Anisa]

Thanks Ginnu for your reply.

The person whose file I have used had filed two LCs, one with PD 2001 and other in 2005 since he didn't receive any reply on 2001 case. Later he got 2001 LC approved and also got GC based on 2001 LC. His 2005 I-140 is still pending so my lawyer sent notice to USCIS for withdrawl on June 25 and filed my I-140 and I-485 on July 2.
He is going to re-send with an explanation letter about the case and along with a copy of withdrawl notice for previous I-140 (with USPS tracking number stating that withdrawl notice reached on June 27).

Ginnu please advice me if any precautions or anything else to be submitted along with the package.

Thanks

 

[ginnu]

Thanks Ginnu for your reply.

The person whose file I have used had filed two LCs, one with PD 2001 and other in 2005 since he didn't receive any reply on 2001 case. Later he got 2001 LC approved and also got GC based on 2001 LC.
--------------------if LC for A was filed in 2001 and his I-140 was approved and then his I-485 was approved and got GC then you cant use the LC of 2001

His 2005 I-140 is still pending so my lawyer sent notice to USCIS for withdrawl on June 25 and filed my I-140 and I-485 on July 2.
He is going to re-send with an explanation letter about the case and along with a copy of withdrawl notice for previous I-140 (with USPS tracking number stating that withdrawl notice reached on June 27).

Ginnu please advice me if any precautions or anything else to be submitted along with the package.

Thanks

you are paying to lawyer and he should know what to write, if he has the I-140 reciept of 2005 then It seems you are trying to use the LC of 2005 and should explain that Orignal LC is with I-140 file #.... with service center.... do you know the date the DOL/USCIS stoped Labor substitution ?

 

[Anisa]

Thanks Ginnu,

I have filed for substitution on July 2 using 2005 LC and not 2001 as substitution was allowed at that time.

While filing substitution my lawyer mention of using substituted file and he send the copy of 9089 along with I-140 application. He also provided USCIS all information of receipt number of previous I-140 and it was at TCS. But still USCIS returned it saying I-140 not filed with original 9089.
Since my lawyer send previous I-140 withdrawl notice on June 25 to TCS and my application of I-140 and I-485 to NCS on July 2, does it matter anything here?