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December 25, 2007

Charcoal for Christmas

I have a client is the beneficiary of an approved labor certification from the backlog reduction center who filed an application for Alien Employment Certification dated 04/27/2001 (receipt date; Tennessee Department of Labor) by his employer and the subsequent successor in interest as per 204.5(d) Priority date; "The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the Department of Labor shall be the date the request for certification was accepted for processing by any office within the employment service system of the Department of Labor". I attached a copy & tabbed within the application for the original certified mail domestic return receipt).

I filed a I-140 petition for alien worker with a simultaneous adjustment of status application. The application was mailed August 15, 2007 to qualify under the original July 2007 visa bulletin.

It was returned in November as per CIS that the VISA number was not available. As per the July Bulletin his number was eligible; he has been eligible as per the Bulletins in September, October, November and December 2007.

Yesterday my client received the application with the same stated reason; a VISA number is not available. I checked the January 2008 Visa Bulletin; the date is 15 OCT 02 for employment based third preference all areas.

So I have sent the application back to USCIS for the third time; my client getting charcoal for Christmas.

Mario Ramos
Immigration Lawyer

Posted by VisaLawyer at December 25, 2007 06:44 AM


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