I-140 filed Feb 2008 and No Reply till now- please reply

[tinkugadu]

Hi guys

My consulting firm filed my labor in sep 2007 and i got the approval and i got the approval notice. Now the suspicious part: The sequence of events:

1-- consulting firm says they file my I-140 in Feb 2008.
2-- I never asked for the LIN number or receipt notice as i was stuck in personal issues and stuff
3--Now when i ask what is the status, my consulting firm is saying that the I-140 is stuck and there is no response from USCIS.
4--I said just give me the LIN number or receipt number. They say that they dont have any.
5--Now they want to re-file a new labor and start over.

I dont understand is it possible that the immigration department never even responded. Do you guys think my consulting firm is lying. what can be the reason. Any ideas guys,

What recourse do i have? can i take my labor approval number and can i mail somebody that the immigration department regarding the status of I-140 and find out wether my consulting firm ever filed a I-140 for me or are they just lying blatantly.

[roseball]

Originally Posted by tinkugadu

Hi guys

My consulting firm filed my labor in sep 2007 and i got the approval and i got the approval notice. Now the suspicious part: The sequence of events:

1-- consulting firm says they file my I-140 in Feb 2008.
2-- I never asked for the LIN number or receipt notice as i was stuck in personal issues and stuff
3--Now when i ask what is the status, my consulting firm is saying that the I-140 is stuck and there is no response from USCIS.
4--I said just give me the LIN number or receipt number. They say that they dont have any.
5--Now they want to re-file a new labor and start over.

I dont understand is it possible that the immigration department never even responded. Do you guys think my consulting firm is lying. what can be the reason. Any ideas guys,

What recourse do i have? can i take my labor approval number and can i mail somebody that the immigration department regarding the status of I-140 and find out wether my consulting firm ever filed a I-140 for me or are they just lying blatantly.

While it is not unusual for I-140 processing times to be greater than 1 yr, it is unusual not to get a receipt notice for a filed petition. Most likely, they might not have filed your I-140 and since labor certifications are only valid for 180 days from the date of approval, now they want to start over again since there is no other alternative. I am afraid you cannot do anything since the beneficiary cannot be involved during LC and I-140 stages of the GC process.

[tinkugadu]

Originally Posted by roseball

While it is not unusual for I-140 processing times to be greater than 1 yr, it is unusual not to get a receipt notice for a filed petition. Most likely, they might not have filed your I-140 and since labor certifications are only valid for 180 days from the date of approval, now they want to start over again since there is no other alternative. I am afraid you cannot do anything since the beneficiary cannot be involved during LC and I-140 stages of the GC process.

REally thank you boss,

Do you think they might have given my labor to some other guy in my company. Can i take them top court, since i am nearing my sixth year in H-1

[roseball]

Originally Posted by tinkugadu

REally thank you boss,

Do you think they might have given my labor to some other guy in my company. Can i take them top court, since i am nearing my sixth year in H-1

I dont think labor substitution is possible now. I think they stopped it in June/July 2007. Since you are nearing your 6th year on H1, you only have 2 options:

- Try and get your current employer to file a new PERM before your 6th year starts and when its approved, follow-up and make sure they file I-140
- Find/Join a different employer who can start your GC process before your 6th year H1 starts

I know it sucks but I dont think you can take any legal action against the employer in your case....