My friend hired a lawyer in 2001. The lawyer says he filled out the case (EB-3) with NYC Labor Department before April 30, 2001 (so my friend would under section 245(i)). Now the lawyer is suspeneded. He did not provide any information regarding the case (no mail confirmation etc.). He gave my friend a case number and said that the case was closed in December 2001 because "the requirements of reduction in recruiment filling could not be satisfied". He also gave us the Phila number (484-270-1500) to confirm his words. In Phila they said they have no cases closed in 2001 by Labor Department in NY. The 11-digit starts 2001033****. Do you know if it is possible to check if this case existed? Where we can find this information?
If the case was opened in April 2001 my friend would be coverd by 245(i), if not - he would have to leave.
Kira1, can your friend obtain his laborcert Case Number with this series: P-00000-00000, which is the reference at the Philadelphia Backlog Elimination Center? Then go to: http://www.foreignlaborcert.doleta.gov/ and click the Check Backlog Case Status link.
It doesn't follow that the lawyer is suspended, his office files/archive should be non-existent.
And by the way, what's wrong with your friend? Can he not post his own immigration issues on this board? He's welcome, tell him nobody bites here (well, at least).
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on II Cor 3:6)
Originally posted by Rough Neighbor: Kira1, can your friend obtain his laborcert Case Number with this series: P-00000-00000, which is the reference at the Philadelphia Backlog Elimination Center? Then go to: http://www.foreignlaborcert.doleta.gov/ and click the Check Backlog Case Status link.
It doesn't follow that the lawyer is suspended, his office files/archive should be non-existent.
And by the way, what's wrong with your friend? Can he not post his own immigration issues on this board? He's welcome, tell him nobody bites here (well, at least).
Hi,
Polish Girl and Rough Neighbor - Thank you so much for your help.
Rough N - my friend speaks no English so I did him a favor and I put his post.
He cannot get the number P-00000-00000 and this is the issue. The number that was provided by the lawyer (and no other evidence whatsoever) had no letter. Just 11 digits. We called Phila Backlog Elim. Center and they said they have no case with this kind of number. They said that if the case had been closed in 2001, they could not help.
Oh, BTW, the lawyer has been suspended for laundry's money and filling fake application to USCIS.
If anyone has any other idea how to find out if the case was opened in 2001, I would appreciate.
Originally posted by Polish girl: You could send a Freedom of Information Act request ("FOIA") to NY DOL. They should have some information re this on the DOL's Web site.
Hi Polish Girl, Just talked to DOL in NY. It takes up to 2 years to find out any information. No success guaranteed. They may or may not have any information regarding the case that was closed in 2001. We are just filling the paper and fax it to their office asap. And we have to wait. Thanks for your help.
He cannot get the number P-00000-00000 and this is the issue. The number that was provided by the lawyer (and no other evidence whatsoever) had no letter. Just 11 digits. We called Phila Backlog Elim. Center and they said they have no case with this kind of number. They said that if the case had been closed in 2001, they could not help.
Know what? If this is so, then your friend's case has been closed and returned to the lawyer (or maybe to the petitioner) by DOL. It was not forwarded to the Backlog Center at all. And it's dead, except for its 245i implication for your friend. But according to you, he doesn't have even the NY SWA-issued acknowledgment letter bearing his name, petitioner, and priority date. So it's hard for your friend to benefit from his 245i coverage if he can't show any proof. Oh my!
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on II Cor 3:6)
I don't know what you guys are talking about. LC number will be issued to all the case, this includes closed case also. Of course without LC number DOL will not be able to help anyone. Next once Petition filed within the 245i and if its approvable ,maks alien grandfathered so he can adjust his case at later stage, regardless if petition was taken back or else. Alien has to prove that he filed approvable petition before the deadline. Didnot your Friend received his file from Suprem court/Displinary Comm? they will send the copy of file at his address or company address if the attorney was hired by the company.. A# or LC no. is required for any investigation.
RESPONSE TO MOHAN AS QUOTED: "I don't know what you guys are talking about. LC number will be issued to all the case, this includes closed case also. Of course without LC number DOL will not be able to help anyone."
OP's friend was given by his lawyer an 11-digit LC case number and that's it. And the lawyer was suspended after then.
"Next once Petition filed within the 245i and if its approvable ,maks alien grandfathered so he can adjust his case at later stage, regardless if petition was taken back or else."
OP's friend signified that the LC was filed on or before April 30, 2001 (or what you call within the 245i) and nobody or no one is disputing his 245i coverage even if his LC was denied and closed for not complying with the requested RIR process; because of the very fact that it was approvable when filed. And by the way, OP's friend is the "direct beneficiary" of Section 245i of INA – it's his dependent(s), if any, that are "grandfathered" by such coverage.
"Alien has to prove that he filed approvable petition before the deadline. Didnot your Friend received his file from Suprem court/Displinary Comm? they will send the copy of file at his address or company address if the attorney was hired by the company.. A# or LC no. is required for any investigation."
It's very, very true. But OP and friend implied that they received none and cannot (or do not want to) contact both the lawyer and even the petitioning company. Otherwise, they would have done so in the first instance rather than doing the tedious task of contacting the DOL. Repeat: OP's friend was just given an 11-digit LC case number and that's it – no more, no less. Just like what you said and what I said in my previous post, it's difficult for the OP's friend to claim his 245i coverage later if "he can't prove that he filed an LC" if he can't show at least an Acknowledgment Letter for such LC that he should attach to Form I-485 Supp. A and $1,000.00 penalty.
NOW, WITH DUE RESPECT, WHAT ARE YOU TALKING ABOUT???
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on II Cor 3:6)
Ther is lack of communication between OP,s and involved company + suspended attorney. Of course it can be proven that petition was filed before 245i if they have receipt from Immigration. Actually copy of petition and receipt is required but if they have copy of receipt can be sufficient for 245i eligiblity. if one reaso or another OP,s don't want to contact his company then there is only one way, I.E.. FOIA, will take more then 6 months. IF SOMEONE SOLELY DEPENDS UPON HIS ATTORNEY OR CARELESS IN HIS CASE PROCEEDINGS, HE IS THE ONE WHO TAKE CHANCES TO JEPORDIZED HIS STATUS.........THATS WHAT I AM TALKING ABOUT
Of course it can be proven that petition was filed before 245i if they have receipt from Immigration.
My friend has no receipt from immigration because we are talking about DOL.
Anyway, thanks a lot for your help.
I agree - my friend should have monitored what the lawyer was doing but he spoke no English and he was sure that if he had hired a lawyer the lawyer should know what to do and take care of the case.
Now it is too late. The lawyer gave him only this number (11 digits), the lawyer is suspended and my friend is trying to get any information about his case through Disciplinary Comm. There is no way he can talk to this lawyer because he has no office.
He cannot talk to the sponsor either because the sponsor said he could talk only through the lawyer who prepared the documents. That looks like a circle. So my friend called Disciplinary Comm. and they promised to help.
They received an answer form the suspended lawyer stating that he had called the Phila Backlog Center and the case was over there etc.
My friend through legal services (and their lawyer) called Phila Backlog Center and the answer was: we have no idea what you are talking about. We do not, and have never had, any 11-digits cases. Our cases start with the letter "P" and then digits.
The Legal services cannot help with anything else.
Add to del.icio.us
