Labor Certification -- PLEASE HELP -- KITKAT PLEASE!

[djones9714]

I have a question. My son-in-law back in September 2001 filed an ETA-750 with the Department of Labor -- it was actually filed by his employer for him. He did not qualify under 245i as the deadline was April 2001. However, after this application was sent to the Department of Labor, it never went any further because nothing else was done. No other paperwork was filled out and sent. We have no idea whatever happened with this application as the attorney's office is no longer in business and neither is the employer.

This form ETA 750 is basically asking the Department of Labor to certify that there are no skilled workers, etc. and running an ad in the paper to post the position, etc. We DID NOT file an I-140 as you have to have the ETA-750 approved first before you can even petition for the I-140.

We told the attorney to drop everything and don't go any further because we did not trust him and he did not want to stay with that employer. Will this hurt him in any way since we have now filed the I-130. We have not heard one word from this filing from anyone.

Do we have to disclose this information at any time or place? It was not an application filed with USCIS so we have not lied on any applications.

Please help Kitkat.

[djones9714]

Kitkat: This one is for you just because you are so bright and knowledgeable. Can you help?

[kitkat1]

Kitkat: This one is for you just because you are so bright and knowledgeable. Can you help?

:( I know nothing! So sorry. Have you thought about a consult with Heather Poole to clarify this? (No cost I believe)

[djones9714]

Thank you so much anyway. I think I know the answer already since it was DOL and was filed by employer not him. However, I will certainly answer the question.

Again, good luck to you. You certainly deserve it and look forward to your wedding. Lots of planning to do.

[MendozaQH]

My sister in law went through this a while back, but she did qualify under 245i. DOL takes forever on these things and even if the agent (which I am sure would have been the lawyer) were there, it takes a while to receive the info. The fact that the petition was not filed will mean the case will have no bearing on the I-130 petition. If one was filed, then you simply put that a petition had been filed on his behalf, and even then it will not affect it. More tan likely the lawyer did not frop the case, but simply walked away from it, which is the same as dropping it......I would not worry about it for the I-130.

[gnt23tr]

I-130 is filed with the USCIS Service Center - ETA 750 is filed with DOL. Thus, I dont see any problems, there are two different agencies. It will not be a problem.