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Labor Lost

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  • Labor Lost

    My wife's labor was approved last month or so and we have been asking the employer to mail the labor so that I-140 can be filed. Yesterday he said that they have misplaced the labor and are not able to find it. The employer was apolozing but said this had never happened before with them and they are not sure what they should do. Their lawyer says that he can request for the duplicate labor but he is not sure if Labor Dept will issue a duplicate one. The employer says in worst case scenario they will refile the labor.

    I am not sure what is the truth behind all this. I believe the labor cannot be used anymore for any other person than the person whom it was filed for. Earlier they could have used it for someone else too. Am I right in this?

    Please suggest what should we do.
    1. Is it possible to get the duplicate labor from the labor dept.? If yes, how and whom should the lawyer contact?
    2. Can we file the I-140 saying that the labor was lost? Is this possible? If yes, then how and what should be the next step?
    3. Or should we ask the employer to refile the labor? In that case, will the labor dept. be concerned that the labor was approved earlier for the same person with the same company?

    Not sure what to do. Please suggest.

    Vinod Menghani

  • #2
    Labor substitution is no longer allowed so it cannot be used,

    They should be able to request a duplicate labor



    • #3
      Thanks waitin_toolong. I have emailed the employer with the link and requesting them to do the same. I will wait for their response. Thanks again.


      • #4
        What was the outcome of this if you don't mind me asking?