Immigration Site

Hi All,

Need your help/advice/suggestions.

My I-140 based on a labor substitution has been pending for well over an year now (ND June 2003 - EB3 Non-Concurrent). My employer had made an inquiry recently and got back the following response:

"We are still awaiting the receipt of the previous file for the original ETA 750. The officer has requested the file already. We cannot adjudicate the case unless we receive the original ETA 750."

It has so happend that my employer had earlier filed a I-140 appl. (may be for the same person for whom the labor was intended) using this approved labor and then pulled it back later for some reason. Now because of this CSC had retained the original labor cert.

1. Is it a normal practice for service center to retain the original labor cert.

2. Do the serivce centers really care about these situations - I mean taking the extra effort to look for an old document etc. given the backlogs they have now. And even if they did do they retain documents from old filings (in this case it may be atleast 3-4 years back).

3. Has anyone had any success stories in this scenario

4. Can myself or the employer do something about this or do we just to keep waiting and pray that they will one day find the document.

Also, my LUD at the USCIS website was April 2004, so looks like they had looked at my application in april and then and had been waiting for the original ETA 750 since then (5 months now).

Please share your thoughts and experiences.

Thanks

I am in the same boat as you buddy...I am also waiting and waiting and waiting...my I-140 ND was Aug 2003 (EB-3, Concurrent with I-485). Doesnt seem there is anything we can do..at least my AP and EAD got approved..

My case is exactly same.

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
Last 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. ......".

The Last Update Date on USCIS was changed few days back to 8/27 and now it is changed again to 9/13. I hope they are atleast looking at my file periodically.

----------
I140 - 1/15/03
I485/AP/EAD - 2/13/03
EAD, AP approved(valid till 8/26/04)
FP done on 4/15/03
......praying some one will send the file soon

Guys, thanks for your inputs.

byomkesh: In your case how did you find out that USCIS was waiting for the original labor. Did you get any RFE. Has your LUD for I-140 ever changed.

unlucky786: What was your RFE about. In your case it looks like USCIS has been searching for the originals for over an year now. Hope the LUD change is for the better.

It would be really helpful if we can stay in touch and track our progress together. Please post any updates from your side.

Hope they find the original documents soon.

Thanks