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Labor Certification Application vs. Immigration Petition

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  • Labor Certification Application vs. Immigration Petition

    If I filed for a Labor Certification Application in connection with the 245i in 2001, does it mean that I automatically filed for an immigrant visa petition? I want to know since I want to answer the BCIS' questions correctly, on the form that they give out on planes before you land on the airport in the USA. I currently hold a B1/B2 visa. Thanks in advance for your advise.

  • #2
    If I filed for a Labor Certification Application in connection with the 245i in 2001, does it mean that I automatically filed for an immigrant visa petition? I want to know since I want to answer the BCIS' questions correctly, on the form that they give out on planes before you land on the airport in the USA. I currently hold a B1/B2 visa. Thanks in advance for your advise.

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    • #3
      Labor Certification is different than AOS. Labor Certification is filed with Department of Labor whereas AOS is filed with Immigration. Sometimes, both petitions are submitted at the same time. Your attorney, will be in a better position to answer to you if he had also filed your AOS petition at that time. If he had, then no action will be taken on that petition unless your Labor Certification is approved.
      Good luck.

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      • #4
        The labor certification is not an immigrant petition. The I-140 and I-485 are examples of immigrant petitions. So, unless you have filed I-? then you probably have not filed an immigrant petition.

        info@myronmorales.com

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        • #5
          Thanks for your help Umesh Passi and mmorales. You guys have helped answer some of my queries before. More power to you both.

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