I am starting this thread for people who have filed I-140 with copy of labor certificate.
Since there are not many of us who have done this, it would help us all to share our information and track progress of our peers.
Please atleast post your information like ND,original labor PD,current status, LUD etc.
For those who are not aware of this situation, One can use labor substitution even if the previous employee had applied (even got approved) 1-140. In such cases since the original copy of the labor would have been sent to INS while filing 140 for previous employee, Substituted applicant must use a copy of Labor certificate and request INS(USCIS) to locate the original labor.
INS can not proceed with processing till the original labor is located this can take anywher from months to years (particularly if the original applicant had selected CP option)
PLEASE SHARE YOUR INFORMATION HERE ONLY IF YOUR 140 WAS FILED WITH COPY OF LABOR CERT
My info
140 RD Jan 7, 2005 (applied with copy)
485 RD Jan 7, 2005
EAD approved
AP approved
FP Done
PD on original labor Sep 1999
I am probably the oldest guy in this category.My details (CSC 140-labor substitution filed with copy of ETA 750) are
140 rd/nd April 30,2002.
140 amended petition in Sept 2002 for comp name change.
485 concurrent filing rd/nd Sep 10, 2002.
1st FP in Nov 2002.
RFE issued on 140 in Mar 2004 for company financials and experience letter formats.RFE replied on May 14 2004.
EAD/AP recieved in Sept 2004.
Recently Wife got the 2nd FP notice - scheduled for April 7th 2005. I have not yet got the 2nd FP notice.According to CSC they will not initiate FBI namecheck or 2nd FP for me until 140 is adjudicated.
Numerous enquiries by lawyer elicit the same response - i.e. waiting for original file. Not sure if the original beneficiary opted for CP or whether his 140 was approved. There have been LUD changes once every 2 months starting Sep 2004. Latest info from AILA CSC liasion on Jan 11 2005 indicated the same status - waiting for original file.
I just found out from my attorney that my case is also filed with a copy of labor.
Below are my details.
Does any one know typically how much more time than normal it takes in such cases, assuming the previous beneficiar had not applied for CP ?
Labor Substitution with copy of Labor certificate