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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1  
Old 08-17-2011, 11:52 AM
mjdup mjdup is offline
Senior Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
12/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 209
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Default Filing I485 - need of advice

Need your advice or please share your experience if similar scenario -
  • First Company, Filed under EB3 (PD Jan. 2004), Backlog center, before labor got approved moved to another job. Later, labor got appproved, online certification available.
  • Second company, filed labor and I140 under EB2 (Aug.2007), both got approved. Moved job because of layoff
  • Third company, attorney wants to file I-485 using the PD from labor approved at the first company.

Attorney is asking for ETA 9089 labor certification approval, all I have is that the letter showing case was in backlog and the online approval that the case is "certified" when the case# (starting with P#) is punched in.

Can I use the labor and PD from first company? Can my attorney not file with the labor cert application and online approval? I haven't yet approched my first company asking for a copy of ETA 9089 but wanted to see what my options are.

Any help is much appreciated. Thanks.
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  #2  
Old 08-19-2011, 03:59 PM
mjdup mjdup is offline
Senior Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
12/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 209
mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of
Default Thanks in advance

Any help or advice for above questions is much appreciated.

Do you need the original labor certification approval (ETA 750) to file for AOS? Will photocopy be enough? Please advice or share your experience.

Thanks
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  #3  
Old 08-19-2011, 05:44 PM
GC_1000Watt GC_1000Watt is offline
Senior Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
05/02/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2009
Posts: 217
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Default

Quote:
Originally Posted by mjdup View Post
Any help or advice for above questions is much appreciated.

Do you need the original labor certification approval (ETA 750) to file for AOS? Will photocopy be enough? Please advice or share your experience.

Thanks
Do you have 140 approved on your old labor?
If not then your old labor (Jan 2004) is expired now and is of no use. My understanding is that the approved labor remains valid for only 6 months.
You can use your old PD, in case you had 140 approved based on your old labor.

Note:I am not a lawyer and not a specialist. Please consult with an attorney on the same.
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  #4  
Old 08-22-2011, 12:08 PM
mjdup mjdup is offline
Senior Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
12/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 209
mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of mjdup has much to be proud of
Default Thanks

Thanks GC_1000Watt for the response !

My first labor did not have an approved I140 so you're right that labor may not be valid anymore.

I'm not sure why my attorney is confident that if I get a copy of that labor, he would be able to file. May be money making tactics?

Appreciate your advice.
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