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winner DV-2003-need help

genesislct

Registered Users (C)
Hello!

I'm a DV 2003 winner currently in the US.
My case number became available in May,2003.
I also filed a labor certification in NY before April 30,2001.

In order to apply for adjustment of status I must show proof that I submitted a properly filed labor certification(before April 30,2001) wich means that i must provide either an emergency status report or a case detail screen printout from the Department of Labor.
My problem is Department of LAbor won"t issue either of the above mentioned documents and so INS won"t accept the application for processing.
How can I solve this problem?I would appreciate any advise ASAP because I'm kindda running out of time.
Thanks.
 
What is your complete case number including the region? you can xxx for the last three digits.
 
If yoor case number became current in May and you have not submitted I-485 for DV, I do nnot understand what you are doing. You need to submit your I-485 for DV immediately. You are already late. Your I-485 for DV has nothing to do with LC. You do not need any LC letter from albor department for DV. You better get in touch with KCC by phone and explain your situation. Do not delay any more. Good luck.
 
Unfortunately LC is my problem.
Because I'm trying to adjust my status in US I don't deal with KCC anymore.
I already filed the I-485 form with BCIS-NY in May (when my case number became current) and the letter I'm trying to get from Dept.of Labor is requested by BCIS.
So I must get that letter!
I would appreciate your advise in that matter.
Thanks.
 
when you file your I-485 for DV case, you do not need a LC. Your LC related I-485 is different from your DV related I-485. These are two different fillings. What I-485 did you file in May? is it LC or DV?
 
genesislct
DV is totally different from employment base. I do not know why you will need LC for DV program.
 
pwdg
In May I filed the I-485 for DV.

okun
In my case DV is related to LC.I cannot adjust my status in the US through DV if I can't prove that I qualify for adjustment in the US.THe fact that I have an application for labor certification filed before April 30,2001 qualifies me for adjustment of status in the US(in my case through DV- program).
 
pwdg:

I have uderstood your plight. It is seemed you are beneficiary of 245i. Yes BCIS is right. Let us hope you hear from LC office soon.
 
Originally posted by okun
pwdg:

I have uderstood your plight. It is seemed you are beneficiary of 245i. Yes BCIS is right. Let us hope you hear from LC office soon.

What is 245i?
Thanks
 
pwdg

245(i) is actually Section 245(i) of the Immigration and NAtionality Act(INA).
"This provision applies to certain persons residing in the US who,otherwise eligible for an immigrant visa,are barred from adjusting their status in the US.It allows such persons to adjust their status in the US instead of acquiring their visa abroad".

okun

Unfortunatelly I've heard from DOL.My case is still pending and I can't get a letter from them that shows at least the date my LC was filed.It seems that they won't give that letter unless requested directly by BCIS.
What can I do?
 
Yes I did.Actually I have an attorney who's working on my case but I cannot just sit and wait so I was trying to do my own research.Any ideeas???
 
genesislct

I am glad you have a lawyer working on your case because of the technicalities associated with it.
 
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