Immigration Site

Friends,

I have my I-140 EB2 under process(ND: 10/13/05) and I contacted my attorney yesterday regarding applying for the premium processing which was introduced from yesterday(09/25). Initially he said I am eligible for applying for premium processing and later his paralegal team mailed me saying that my case is not eligible to upgrade for premium processing since we didnt attach the ORIGINAL Approved Labor copy while filing for the I-140. Is that true ?. I searched everywhere and I am not able to find any such condition.

The background on my case is, My labor got approved(original, not substituted), filed for I-140(EB2) for the first time but got denied for ability to pay.Even the appeal got denied, because both the times the company attorney didnt include proper documents to overcome the ability to pay. But later (as per united nations advice) we filed a new I-140 (using my same labor) through a different attorney during last Oct, which now I am trying to upgrade to premium processing. Now the new attorney is saying that even though the 2nd I-140 is filed using the same labor, while filing for the 2nd I-140 we didnt submit the ORIGINAL physical copy of the Approved Labor copy(which we used while filing the 1st I-140) and so my case is not eligible for upgrading to premium processing.

So I just want to know whether as such there exists any filter clause for I-140 EB2 premium processing(like the one attorney talking about) ?.

Thanks in advance for your inputs.



Description of my case on the Receipt Notice is the below:

Section: Mem of Profession w/Adv Deg or Exceptnl Ability Sec.203(b)(2)

Check at immigration-law.com. Your new attorney seems to be correct.
(1)A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
(2)Labor Certification substitution requests, unless the original labor certification is submitted with the Form I-140 requesting the substitution; and
(3)Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).



Friends,

I have my I-140 EB2 under process(ND: 10/13/05) and I contacted my attorney yesterday regarding applying for the premium processing which was introduced from yesterday(09/25). Initially he said I am eligible for applying for premium processing and later his paralegal team mailed me saying that my case is not eligible to upgrade for premium processing since we didnt attach the ORIGINAL Approved Labor copy while filing for the I-140. Is that true ?. I searched everywhere and I am not able to find any such condition.

The background on my case is, My labor got approved(original, not substituted), filed for I-140(EB2) for the first time but got denied for ability to pay.Even the appeal got denied, because both the times the company attorney didnt include proper documents to overcome the ability to pay. But later (as per united nations advice) we filed a new I-140 (using my same labor) through a different attorney during last Oct, which now I am trying to upgrade to premium processing. Now the new attorney is saying that even though the 2nd I-140 is filed using the same labor, while filing for the 2nd I-140 we didnt submit the ORIGINAL physical copy of the Approved Labor copy(which we used while filing the 1st I-140) and so my case is not eligible for upgrading to premium processing.

So I just want to know whether as such there exists any filter clause for I-140 EB2 premium processing(like the one attorney talking about) ?.

Thanks in advance for your inputs.



Description of my case on the Receipt Notice is the below:

Section: Mem of Profession w/Adv Deg or Exceptnl Ability Sec.203(b)(2)

(2)Labor Certification substitution requests, unless the original labor certification is submitted with the Form I-140 requesting the substitution; so if I am using a sub. labor of a different person , can I use premium processing for my I140 if we submitted the original labor certificate while applying for I140 ?

Thanks bigbang2001. After seeing your reply I searched more abt it and here is the USCIS link that has more info abt it.
http://www.uscis.gov/graphics/howdoi/prem_process.htm

sbhsr,
Even though yours is a substitution case, since you filed the I-140 with the Original Labor Certificate you should be eligible to upgrade to premium processing.