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applying for I140 on substitute LC

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kuog
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Posts: 27
Joined: Wed Mar 17, 2004 5:31 pm
Location: USA

applying for I140 on substitute LC

Post by kuog » Fri May 14, 2004 2:34 pm

Hi,

I am working for a software consulting company where employee A had an LC approved and applied for I140. After 2 months of applying for I140, he left the company.

Now, my company plans to use that LC for me and apply for my I140 and 485. My question is does the company need to revoke the previous I140 applied? I heard this can take anywhere between 3 months to an year to revoke I140. Do I need to wait to get the papers physically back from INS and then apply or Can my I140 be filed immediately stating the revoked LC number?

Any comments are greatly appreciated.

Thanks

Cosmopol
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Posts: 439
Joined: Fri Sep 12, 2003 1:01 am
Location: London

Post by Cosmopol » Fri May 14, 2004 3:33 pm

The official requirement is that LC must be submitted in the original only, therefore just a number shouldn't do. Has the employer considered explaining the situation to the Dept. of Labor so they issue a new LC? It may be faster than getting the original app back from US CIS.

In any event, please note that if you file your I-485 concurrently a different address is used than if you file I-140 alone.

The best suggestion, as always, is for the employer not to be penny wise and hire a good attorney to help sort this out.

Good luck!

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