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Ankitp23

"Approvable when filed"

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section 245i requires that the labor cert. in my case must be approvable when it was filed. Fathers labor cert. was filed before april 2001 deadline. have a letter from Department of Labor stating that they received it on march 2001. later on employer withdrawed the application before any dicision was heard from DOL.

lawyer that filed the labor doesnt have any documents from 2001 anymore.

How can one show proof that it was "approvable when filed"??

what documents are needed? please help~

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It is not the LABOR which needs to be approvable. It is the I140 based on that LABOR. If the LABOR was withdrawn then the matter is over. You should talk to a Lawyer.

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You should discuss this with a good immigration lawyer. INA 245(i) cases are not easy.

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First if the employer withdraw the petition that was not approved, but don't worry, once you applied you still beneficiary

 

I got my green card approved on july 2013, from I245(I) I got on the same boat, I had petition filed with labor on 2001, but the company got out of business.

On 2008 I found another sponsor that offer me a job (different from the first) and I reapplied on labor again got approved, but because we didn't have I 140 approved on 2001, we cannot keep a priority date of 2001, unfortunately the priority date has to be the date your second labor was approved, but you always will be beneficiary of I245(I), if you have any info from the labor that shows you applied on 2001 and if you never ever left the USA between 2001 and now.

 

In my case I copy of eta 750 (my copy with labor stamped) was enough to prove that I filed my petition on 2001

 

I hope that help you a little bit

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