Vermont -RFE on I140..Pl advice

B

bkir

Registered Users (C)
Hi everyone,

My wife (primary applicant of GC) received an RFE(Due by Aug 13) on her I-140 asking for the original Labor certification in May 2004. It looks like it is missing from the file. She applied i140 on substitution labor. But we got her own labor approved from DOL and ready for use.

She got her second EAD & Parol approved in July 2004. Her three year H1 expired in Feb 2004 and unfortunately she didn't renew the H1 and switched to EAD.

Her company attorney wrote a letter to USCIS explaining that he had already sent the original labor with the I140 application and asked whether they need ETA 750B. The online status shows that USCIS sent an another RFE. We are still waiting for the RFE.

Meantime, the attorney also sent a letter to the labor dept asking for duplicate labor. Last week we got a letter from the labor dept explaining that uscis should ask them directly for the copy. DOL also sent a copy of their labor certification.


Now my concerns are:

1. Is it advisable to apply for H1 extension now while the I140 is pending (since she used only three years) and continue working on the receipt Attorney is suggesting this??.. Will premium processing help?..
2. Will she get out of status if i140&485 are denied... What are the options?
3. If i140 gets denied, can she apply for the H1 extension 4. Do we have to go back to india and come back on new H1?
5. Can she apply for new i140 with her own Labor now?
6. Will the first RFE due date Aug 13 stay....or we will get 3 more months based on second RFE.

Please advice. I appreciate your comments....

Thanks again to this great web site..


02-Aug-2004
 
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the new RFe date should matter.

She cannot apply for ext as already expired. extension has to reach USCIC before expiry date on I-94, you will have to travel outside.

This does not seem like a big isuue to me and should get resolved as USCIS looses documents frequently, so dont worry about rejection yet.

If you want you can go ahaed and file I-140 usine the new lc simultaneously, no problem.

You will have the option to appeal and still stay in status if it gets denied.
 
Thanks

We got the second RFE asking for the original labor.
We are planning to attach the letter from DOL and form 750 PartB.

We are planning to apply for H1 as a backup since we have 3 years left on H1.
Will H1 cap apply for this case?
 
Thanks again,

We asked for a duplicate labor from DOL. They replied with a letter explaining that they will send the duplicate only on a request from an immigration officer from USCIS. They also sent us a copy of their document. I hope this will work....
 
my case is pretty much the same

I came to know today that INS has asked for original file from DOL. I dont' know how many days back they requested this. How much time do you think it will take for DOL(california) to send the original file ?

unlucky 784
i140 1/15/03 (subst)
I485 2/15/03
 
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unlucky786 said:
I came to know today that INS has asked for original file from DOL. I dont' how many days back they requested this. How much time do you think it will take for DOL(california) to send the original file ?

unlucky 784
i140 1/15/03 (subst)
I485 2/15/03
Click to expand...

Been there, done that. I normally estimate an additional six months for USCIS to obtain a duplicate LC from DOL. I've seen USCIS (it was INS in those days) deny the case even though I have told them that they need to get the duplicate from DOL. It's an up-hill battle but it can be done. Unfortunately, I inherited about 20 cases with lost LCs from another attorney.
 
I am in a bad situation

I was able to find some more details about my case from my lawyer.
My case was filed on 12/26/2002 substituting approved I140 using a copy of approved labor.
USCIS receipt date is 1/15/2003.
1st RFE 4/29/2003
RFE response recvd by USCIS 7/23/03
Latest information I got from USCIS is "your case is on processing hold as it is a subsitution case. Until the original file, along with the original ETA 750, is received back, this case cannot be processed. The file has been requested. ......".

Any idea gurus to whom the request was sent to DOL / to attorney /to other dept in USCIS ?

Please help.
 
I am in a similar situation.

For my Petiton the RFE is:

Quote: You are requesting Substitution of this beneficiary on the Labor Certification and have provided a copy of a Labor Certification for another alien.Based on a review of Service records it does not appear that you have filled an Immigrant Petition for Alien Worker(Form-I140) for the original alien beneficiary for whom the Labor Certification was initially filed.

Please provide a copy of the receipt number for the previously filed I140 Petition that was filed for the Original alien identified on the labor Certification if any or:

Submit an original completed Labor Department Form ETA-750 Parts A and B.If the job offered is one that is not currently listed in schedule A,the Department of labor must stamp the Form ETA-750 with an individual labor certification.

Our Respose to the USCIS is goning to be:

The Original Labor Certification is Lost. At the time of Filing We had
submitted through the DOL a Certified Copy of the Certification. The
Correspondence with DOL and also Letter from the DOL to the Company
about submission of Certified Copy to the USCIS will be Submitted as a
Reply. Also we will be sending in another a Copy of Labor Certification which was given by DOL to our attorney.


Would the above be enough? would the USCIS still insist on another Certified copy from DOL?

Regards.
 
I-140/485 filing without the Original LC

I filed I-140/485 on Sep 29 05 without the original labor approval letter since the cut-off date to file under EB2 was Oct 01 05. Now we received the LC approval and would like to send to USCIS.

Does anyone know within how many days the USCIS sends the RECEIPT NUMBER? We are planning to submit the original LC once we get the RECEIPT NUMBER.

Thanks
ind
 
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