Just found, take at your risk

Q10: My labor certification has been approved but I have yet to receive the hard-copy approval notice. Can I file I-140/I-485 concurrently just with the secondary evidence of the labor certification approval? A: There are two difference issues which you will have to review to determine whether such filing will stick. Issue one is whether your filing will be considered "filed" and "receipted" or can be "rejected." Issue two is whether your filing is considered "filed" or "receipted," whether your I-140 petition and accompaning I-485 can be denied without giving you a chance, in the form of RFE, to provide the hard-copy approved labor certification application later. The answer to the first question appears to be positive under the Section 103.2(a), under which the Service Centers may not reject such filing. The answer to second issue is not too clear, even if one can argue that under the Section 103.2(a)(8), the Service Centers should not deny the I-140 petition without first serving request for "initial evidence." Under this provision, the Service can deny the petition without RFE if there is "evidence of ineligibility" in the record. In the instances where there is no evidence of ineligibility and initial evidence is missing, the Service is required to collect the missing evidence by servicing RFE rather than denying the petition outright. The importance of this rule is supported by the USCIS Bill Yates Memorandum of February 16, 2005. This memorandum gave illustrations of "ineligibility" which are remote from the current situation. However, the adjudicators do not necessarily interprete the rules the same way their highter-ups in Washington, D.C. does, and they can still deny outrightly I-140/I-485 applications after accepting the filing. Should this happen, you lose all the expensive filing fees and other costs including medical, attorney fees, etc. However, unlike the situation where you totally fail to submit any evidence of the labor certification application, the agency may not deny your petition/application inasmuch as you submit the secondary evidence of the labor certification application such as either screen shot or website approval notice printouts, even though it is not guaranteed. All in all, the answer to this question will remain a decision of taking a gamble. So far, there is no hard and fast rule on this issue.

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• Thank,buddy. -TSChigh- ♀ (0 bytes) () 09/27/2005 postreply 14:45:00