Very Different Case, a Chllange

[Cheekoo]

Very Different Case, a Challange

Substitution of Labor Cert

Hi,

My case is not H1 yet Sponsorship for Green Card. Interesting Haan. Story Begins ;

Upon Arrival in the US during Feb 2002. I got I-94 valid till Aug 2002. Status : B1/B2 Visitor .

I-539 : filled in June 2002 for extension of stay. ( RFE due date Nov 16 2002. ) *

LUCKILY I got a “future job offer” from Employer A. UNBELIEVEABLY Company A had an approved Labor Certificate in favor of Mr. Old. Then, Company A offered me to get a lawyer and use “This” approved Labor Cert for myself as Mr. Old is no longer in this country and not interested any more. So I went to the SAME lawyer who processed the Labor Company A. He prepared my case and filled. I-140 along with "Substitution of name in approved ETA750 Labor Certificate “. RD July 2002.

July 31 was the day when they said to File Concurrent I485/765/131. Therefore I-140/I-765/I-131 was filled October 2002 utilizing the concurrent filling option.

My Expectations are :
1, To receive AD on EAD/AP in 2-4 months. And Start working for Company A.
2, To Get FP date within 2 months.
3, Receive a response to 140/I-485 within 12 to 18 months.
and after that the GC ( How optimistic )

My Concerns are:
a, Have you guys heard of " Substitution of Labor Cert ". If all is well, This Substitution has saved me 2.5 years. Any views on Pre Approved LC ?
b, Should I respond to the RFE sent against I-539 ext of stay, since my 140/485 are filled. ?
c, In case I need to switch my Employer, “Those 180 days” are calculated from which day. i.e.; The RD of I485 … OR … Approval of I485, … OR … as per the pay stubs ? Looking forward for a lil freedom. Hehehe

I tried to search for any similar situation / thread but no no no , This does not happen with most guys.

Any views / News ?

 

[GC012002]

a. Mine was a substitution LC case. I-140 was approved last year. The whole I-140 took around 9 months or less.
b. You should reply to an RFE whatever that is.
c. In the case of concurrent 140/485 filing, check with the lawyer regarding the 180 days (AC21). It was introduced back then when we did not have 140/485 concurrent filing. It states ' .. when 180 days have passed and the I-485 remains unadjudicated". So definitely not paystubs or I-485 approval. And currently there is no hard regulation on how long you should stay with the sponsoring employer after your I-485 was approved. It's up to the INS interpretation.

 

[exvyzed]

GC012002,

Did you do a AOS or CP after your I-140 approval using labor substitution? Any RFEs during I-140? If yes, can you please share what they were?? Also where (which INS) did you process your I-140?

Appreciate your responses.

 

[Cheekoo]

GC012002

Thanks for your response.

My Lawyer, today, reconfirmed to me that there is no need to respond to the RFE for I-539 extension as my case has a total 180 degree turn and an immigration petition has been filled.

Could you very kindly share the steps and dates that you went though (the success story), Its will be very helpful to understand the possible future speed breakers and turns. At what stage are you at present?

 

[GC012002]

To be honest, I did not pay attention to the entire process until after I completed my FP back in May 2002. I was told that there was an RFE during the I-140 but the lawyer handled everything. All I know is I got an email from them indicating that they had received the I-140 approval notice and would proceed with the I-485.

 

[mankap]

Cheekoo-regarding LC

Mine too is a labour certification with 485- RD Dec2001.I applied for labour in august and I-140 in sep which I got it in 5 weeks.I guess I too saved good amount of years .I am hoping everything works out fine ...

mankap

 

[bakshi]

See guys there can be many ways to save years
the best is to get married to a US citizen 2nd) get married to someone whose I 485 is filed and a decision is pending 3rd) if you come on L1 then your I 485 is processed much faster.


I came on L1 thru an Indian company, an american company transferred my status from L1 to H1, fell in love with a desi girl,
now my lovely wife, whose I 485 was filed in August 2001. did a court marriage in USA(went back to India to remarry the same girl) filed I 485 for myself as her dependent in October 2001 ,

Now the status is she got her platic card last saturday. I am on EAD and change my employer without any concern waiting for approval for GC(RD-10/22/2001)