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Topic: Hard Copy of labor Approval
Updating - My attorney told me that they got the labor approval hard copy today.
All the best to everyone.
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Can you tell me how long did it take for your lawyer to get the hard copy -
Updating - My attorney told me that they got the labor approval hard copy today.
All the best to everyone.
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I would say 4 to 5 business days. Good Luck.
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Guys,
Can we do a statistics on how long it taks to receive the hard copy?
My Perm case was certified on July 27 but my attorney (Cincinnati, Ohio) is still waiting for the hard copy. The attorney told me it usually takes 1 week to receive the hard copy. but in my case, two weeks has passed.
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Guys,
Can we do a statistics on how long it taks to receive the hard copy?
My Perm case was certified on July 27 but my attorney (Cincinnati, Ohio) is still waiting for the hard copy. The attorney told me it usually takes 1 week to receive the hard copy. but in my case, two weeks has passed.
It takes between 3 - 7 business days on avg to receive the hardcopy. Mine took 5 days. |
These are the confirmed details on my case:
Approved: Monday : 08/06/07
Original to the office(chicago) in mail: 08/11/07
Thank you- Good luck
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Also this is another email that our office got in reply to an inquiry.
Case: {A-XXXXX-XXXXX} was recently certified and the original certified 9089 was mailed to the employer’s representing attorney or agent (if applicable). A copy of the final determination letter was sent to the employer’s contact as well.
If the original certification is not received within 15 days of this mailing date, please use the following instructions from our FAQ website (http://atlas.doleta.gov/foreign/faqs.asp) for requesting a Duplicate Certification:
Requests for a duplicate ETA-9089 can be initiated by the petitioner by contacting the Department of Labor (DOL) or by requesting that CIS assist with obtaining a duplicate labor certificate ETA-9089 from DOL. The following steps are suggested when requesting a duplicate ETA-9089 through USCIS. Please include on the top of the I-140, Petition for Alien Immigrant Worker, a cover sheet (preferably highlighted with colored paper) stating the following:
LOST OR MISPLACED LABOR CERTIFICATION, REQUEST FOR DUPLICATE, DO NOT REJECT
On the same sheet, the following information should also be included:
1. Attorney name;
2. Petitioner's name;
3. Beneficiary's name;
4. ETA case number;
5. Priority Date;
6. Specify whether you want USCIS to initiate the request for duplicate certificate ETA-9089 or you have contacted DOL to initiate the request for duplicate;
7. Proper fee, signature and all required supporting documents;
8. A print screen showing that the case has been certified;
9. Provide the reason(s) for requesting that the Service Center secure a duplicate, approved labor certificate from DOL, e.g. "Case was certified, and original approved labor certificate was never received in the mail."
Once the duplicate certificate ETA-9089 is received by USCIS, the petitioner and/or his representative will be contacted via a Request For Evidence (RFE) notice in order to secure the petitioner's signature on the duplicate certificate. The certificate must be signed by the petitioner before USCIS can accept it for filing purposes.
* Petitioners must send the signed duplicate ETA-9089, along with a copy of the RFE notice requesting the signature. Failure to do so may result in significant delays in processing or denial.
* Petitioners are reminded not to submit concurrent I-140 and I-485, Application for Permanent Residence, when submitting petitions without the labor certificate, and with a request that USCIS secures a duplicate ETA-9089 from DOL or evidence of having requested the duplicate from DOL.
* If Forms I-140 and I-485 are concurrently filed without the ETA-9089, but with a request for duplicate labor certificate, the I-140 may be accepted and the I-485 rejected. However, if the fees for both forms are remitted with a single check, both forms will be rejected.
* Applicants who have submitted a Form I-140 with a request for duplicate labor certificate ETA-9089 are encouraged to wait until approval of the Form I-140 before submitting Form I-485. When submitting the Form I-485 subsequent to approval of the Form I-140, the approval notice of the Form I-140 must be submitted as well, along with appropriate fees and supporting documents.
REMEMBER THAT DOL WILL NOT SEND THE DUPLICATE CERTIFICATE TO YOU. DOL WILL SEND IT TO USCIS.
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so in brief, means you have to submit labor certification unless it truly was not received and you can prove you requested another one from DOL..confused...
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Thanks a lot, gm004, that is really helpful.
In brief, my understanding is that we have to submit the original labor certificate to concurrently file 140/485. If the original is not received within 15 days after the mailing date, a duplicate copy can be requested either by the petitioner or through USCIS, however, if we ask USCIS to assist, then we can only file 140 instead of concurrent 140/485. That is bad.
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Yes - Also you might have go for the 140 and 485 seperately. Like many of our friends suggested. File for I-140 online and I guess you will get an instant receipt with online filing. But in any case you can go for the 485 immediately may be after you file for 140 (with or without receipt; there are seperate guidelines to be followed when you go for 485 without 140 receipt, I guess they suggested a procedure to do this in their(USCIS) FAQ's released a few weeks back.)
But Make sure you include the printed copy of your LC case status as Certified and include the other requested documentation for the duplicate copy of the LC from USCIS to DOL.
thanks
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Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
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This is from their latest FAQ's.
http://www.murthy.com/USCIS_3.pdf
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Thanks a lot, gm004. I really appreciate your help! I will talk to my attorney about this.
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I got certified on 08/08/2007 and got the hardcopy on 08/13/2007.
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mine was certified on 8/3/07 and got the hard copy on 8/13/07,
my attorney is in Atlanta.
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certified 8/03/07 and hard copy received 8/10/07. both lawyer and employer are in NJ
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my lawyer's office had me make checks payable to USCIS..is that correct????
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Guys, Please clarify my doubts.
My LC got approved y'day. My lawyer informed me about that. He filled all the below forms with my information and sent me a soft copy of the forms for my signature. I did sign and returned them back y'day night thru Fedex.
Form G-28 for I-485
Form I-485
Form G-28 for I-765
Form I-765
Form G-28 for I-131
Form I-131
Form G-325A
It is almost for sure that they can not receive hard copy by 17th. My lawyer said that they would wait until 16th if they do not receive any hard copy of LC then they apply for I-140, I-485 without hard copy of Labor.
1) Are these the only required forms for I-140 and I-485 or anything missing?
2) Would there be any chances of rejection if we apply for I-140, I-485 without hard copy of labor?
3) How do they apply for I-485 without getting I-140 receipt?
4) Normally how long does it take to get I-140, I-485 approvals?
Please help me clarifying my doubts
Thanks alot!
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No as far as my info as per my lawyer the checks should be from either employer or your Law Office.
Not from applicant. But my guess for 485 your checks should be OK.
Just my thoughts worth digging some info in Murthys forums.
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ps57002
by USCIS I assume you mean "U.S.Department of Homeland Security", which is the correct title for the fees of I-485, I-765, and I-131, please see the instructions of the forms. I think you can pay the above fees using your checks (remember lots of people do the 485/765/131 applications by themselves). But I-140 may be different.
trackPH
1) I also signed the forms for 485, no other forms except some supporting documents such as photocopy of passport, etc.
for 140, my employer took care of that, I didn't sign anything except my manager signed an employment verification letter.'
2) I don't know, gm004 provided some helpful information (see above). I also heard people talked about e-file 140 but I know nothing about that.
3) That is why it is called "concurrent" -- when USCIS deals with you 485, your 140 should have been processed.
4) no idea about this. Gurus please help.
By the way, my attorney received the hard copy of my labor approval at the last minute, this almost killed me.
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Form G-28 for I-485 (Authorizing your Lawyer to represent your 485-Adjustment of status Application)
Form I-485 (This is Must for 3rd stage and should be filed by AUG 17th along or after filing your I-140)
Form G-28 for I-765 (Authorizing your Lawyer to represent your 765 EAD)
Form I-765 (This is your EAD and it optional you can apply it now or later Dates need not be current to apply this; just an extra benefit while your 485 is pending. I did not opt for this as I have good amount of H1b left, nothing wrong in applying though)
Form G-28 for I-131 (Authorizing your Lawyer to represent your 131 Advance Parole)
Form I-131 (This is optional you can apply it now or later. Dates need not be current to apply this, in case your H1b is expired or expiring this will let you step out and re enter the country while your 485 is pending, I did not opt for this as I have good amount of H1b left, nothing wrong in applying though and not using it)
Form G-325A (This is must your Biographic Information)
1) Are these the only required forms for I-140 and I-485 or anything missing?
Hope the info above will ans this Q;Also if you apply for EAD and start using it EAD from H1b you might loose the option of getting bringing your wife on H4 again; If you are already married your spouse can enjoy the benefits of EAD, start working without any other work visa. You should talk to your lawyer in deciding about applying for EAD)
3) How do they apply for I-485 without getting I-140 receipt?
This is very much possible USCIS released a FAQ's in which they mentioned about a procedure. (Also available on MURTHYS home page)
4) Normally how long does it take to get I-140, I-485 approvals?
This one depends on the service center where you application is filed at. This will give you a good idea of processing timings.
https://egov.uscis.gov/cris/jsps/ptimes.jsp
pls understand that I am a novice too, and this is the info what I learnt thru experts/attorneys opinions posted on various forums especially MURTHYS is helpful.
Good Luck Guys!
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2) Would there be any chances of rejection if we apply for I-140, I-485 without hard copy of labor?
Very high possibility, always better to file with Hard copy of approval. as per some of the postings that I read in Murthys forums and also the emails from DOL that I posted above. Please carefully get experts opinion before taking this RISK ; Coz they say USCIS first will look for primary set of documents for accepting any applications and some the documents like supporting docs may be a W-2 or a company tax doc can be delayed;as they send you an RFE (request for evidence) for these. But in case of I140 the LC hard copy is a primary doc and if you dont have a copy yet attach you online status printout and follow the guidelines for applying the duplicate while filing for I-140 and then later file 485.
As per the email msg from DOL that I posted here a couple of days back I understand concurrent filing is not recommended without LC hard copy.
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My employer is from New York, Should i send the I-140/485 to Texas or Nebraska. WIll that expedite the process.
Please help ASAP.
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Latest from Murthys Home Page
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Clarification : There is a rumor in the immigrant community that one can file the I-485 on Friday, August 17th, and that it is sufficient so long as the package is postmarked on that date. This is false. The I-485 package must be received by the USCIS on August 17th. This means, essentially, that all I-485 packages must be sent, at the latest, overnight on Thursday, August 16th for receipt by August 17th.
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Guys,
Is this a true statement?
My lawyer said today that labor can be filed without a hard copy. The law does not specify that hard copy is a absolute requirement. The online application is now stamped as 'certified'. This is enough proof and they can easily verify it with the labor department.
Please respond.
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My attorney told me that "We must include this original ETA 9089 with the I-140 Immigrant Petition filing". I don't know if the hard copy is a must or not. Gurus please help.
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IT IS A TRUE STATEMENT. YOU DONOT NEED A HARD COPY. YOUR LAWYER IS CORRECT.
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My lawyer refused to apply with out hardcopy of the labor.
As we are filing concurrently we can not apply 140 online and send the labor later.
I got the hardcopy in time and finally they sent my application.
I guess everything depends on the lawyer.
There is no definitive answers for this as per as i know.
Good luck.
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Mine is being mailed today, both the I140/485...he didn't do any efiling for I140...maybe this is the way to do "concurrent"..i don't know...he must have a reason. No hard copy of LC approval was there, so printed copy of ETA9089 with some approval number on it (from my PERM online), had that signed by HR, and also included a screen shot printout of Perm "certified". No medical submitted yet.
I'm nervous obviously. lawyer says this is their first such case where no hard copy of LC was avail. Think they risked it last min (even though originally he'd said no) as they've seen me come all emotional number of times before inquiring if there are other options to get GC.
Now it's in God's hands...
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That good. Atleast your attorney tried. My attorney told they can not do....
Best of luck.
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That good. Atleast your attorney tried. My attorney told they can not do....
Best of luck.
You really got lucky then.... i'd hoped for mine to show up miraculously today..ha ha... too many miracles i'm asking for. My lawyer originally told me if it came on Tues or later, forget it, hopeless...but it came on tues and he decided to risk it. i just wish it all goes ok somehow now. I wish the bulletin comes current again soon soon soon so others can apply too. I still don't know how I got this far considering I totally totaly had given up.
God bless everyone and give everyone courage. I know what it must feel like. |
My attorney has sent the parcel today without hardcopy of labor but with printout of the approval. We all are in the same boat. We keep inform each other about the updates.
feel free to email me @ krallabandi@gmail.com
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did your copy file i 140 electronically/online or sent both i485/140 through mail...????
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They sent both I-485/I-140 through mail. Does it matter?
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They sent both I-485/I-140 through mail. Does it matter?
lol beats me...i don't know what is better. in time we'll find out. i just remembered that i'd better transfer money to my checking account...wrote all the checks but no money in account... |
for me employer took care of issuing checks.
checkout the article from www.immigration-law.com
08/15/2007: Challenge to DOL PERM Fraud Rule Mandating Employer to Pay All the Cost for Labor Certification Faces Hurdle
* Effective July 16, 2007, the DOL mandates the employers to pay all the cost for labor certification and prohibit the employers from recouping the cost from the alien employees directly or indirectly in whatever means. The AILF has been considering a lawsuit against the rule, probably in the form of a class action. However, reportedly, they are facing a hurdle in recruitingt employers to particpate in the lawsuit as a plaintiff. Apparently, the employers are hesitant to join the lawsuit not to project an image that the employers are advocating certain behaviors which some of the employers, particularly job shop foreign employers, had engaged in. The new rule currently presents a hardship on non-profit organization employers including the government employers and small employers that cannot affort to pay ever increasing cost of the labor certification process including the rising attorney fees. This could indirectly discourage such employers from sponsoring the permanent labor certification for foreign workers. Since the DOL intends to charge the filing fees for the labor certification applications in the future, it will indeed present a hardship on such employers. Please stay tuned to this website for the development of this news.
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this applies to PERM/LC though...not the next steps. I thankfully finished up with PERM before this took effect cause this would've made it impossible for me.
also btw where is your employer and if you filed 140/485 concurrently, which svc center (nebraska/texas) did your's get sent to...i'm NY and mine got sent to Nebraska...what happens if it's wrong center..is it rejected?
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for NY you have to send Tesas Service Center........
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will it get rejected if sent to nebraska?
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Hi guys,
Hopefully everyone who got approived before files.
Mine was approved on 08/14/2007 and application was mailed to TSC as my employer state being CT.
I-140 efiled without Perm Hard copy ( Sent the copy of the approved labor ETA - 9089 which was taken print out online).
Lets hope everyhting will be fine.
Please email me sudhakar226@yahoo.com and keep in touch.
Thanks for all the support.
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i think we all will go nuts with worries till we hear at least application is accepted. I don't mind an RFE, just no rejection due to missing things, something wrong etc :(
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Mine was approved on 08/15. My attorney sent both 140 and 485 yesterday via FedEx.
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my attorney has sent both together to Texas
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does it make a difference if you didn't have hard copy approval and a) your i 140 was done online, supporting docs sent, and I485 done based on I140 online...so not totally concurrent...versus b) your I140/485 sent together, no 140 online...so it's concurrent...
more stress huh?
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