I-140 + i-485 Rejected, all visas for FY-2007 have been fulfilled

[alep11]

Can someone pls give me some adivce when to file my petition again for i140 + 1485?TSC sent me a letter saying that there're no more visas available at the time I sent my petiton for "employment third preference, other worker. What happens with my original labor certification that I've sent and USCIS kept it?How long does it take to the DOL to issue a duplicate labor certification to USCIS?thanks

[alep11]

Can someone pls give me some adivce when to file my petition again for i140 + 1485?TSC sent me a letter saying that there're no more visas available at the time I sent my petiton for "employment third preference, other worker. What happens with my original labor certification that I've sent and USCIS kept it?How long does it take to the DOL to issue a duplicate labor certification to USCIS?thanks

[Sprint_girl07]

Hopefully someone will have an answer for you alep

[Rough Neighbor]

Anyone else? This is the third time that I'll be answering questions from this poster. Rightfully so, he needs somebody else's opinion. I've seen this question the other day but I desisted to answer intentionally for someone else's turn.

Ok, anyway, OP, here's my opinion. In the other thread, you said that you filed the I-140 petition with a lawyer representation. Did he file the I-485 concurrently with I-140 during the July 02 - August 17, 2007 window (per Visa Bulletin No. 107)? If so, how did he do that, when although EB-3 (professional and skilled) had become "C"urrent during that time, the EB-3 (other worker) was "U"navailable? Of course, the TSC would reject the I-485 because, as I said, no visa was available during that time for your category.

Now, on the second part of your question about your laborcert/PERM, I have good news for you. Contrary to your belief, TSC has just rejected your I-145 application but "not" the I-140. Request from your lawyer a receipt notice copy of the I-140 petition that was filed by your petitioner. I'm sure he has that. That petition is still valid and would be adjudicated by the TSC accordingly. It's not dependent on the availability of immigrant visa. The EB-3/Other Worker priority date for all countries for February is 01OCT01. When your priority date becomes current in the future, you can refile your I-485 based on the same I-140 that we are talking about here.

This, in effect, answers your other question in another thread about how to request for a duplicate copy of your certified laborcert. You don't need it.

[Shady]

OP, right now EB3 category is in retrogression from since nov 2006, you have to wait when retrogression is over to refile your I485, all the best

[alep11]

thanks a lot!!!

[alep11]

how do I find out when retrogression for EB3 is over?is there a web site?

[Rough Neighbor]

You can monitor it on this Department of State website. And do it around every second week of each month from now on.

[alep11]

thanks, you are the best!!!

[Rough Neighbor]

Welcome again! nah, just learning, no better than the rest here.

[Fredy]

I really think you are the best too.We are all happy to have you as our neighbor.

[Rough Neighbor]

It makes me blush. May not be deserved rightfully, but thank you for the gesture just the same.

[alep11]

A rough one!!!

[Rough Neighbor]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by alep11:
A rough one!!! </div></BLOCKQUOTE>

Yes, definitely, against bigotry, racism, discrimination, hate and fear campaigns, and immigrant demonizing using lies to advance their divisive crusade! For all those falling under these categories, yes, indeed, I'm their rough neighbor.

[donny123]

Well said RN.Keep up the good work