Discussion: Possible Labor Substitution

[GrC2005]

In order to get extension beyond six-years in H1B, your labor should be pending in DOL for more than a year.

You can get extension beyond six years if you have this. There is no provision that once the pre-approved labor gets approved, you will get the same benefit as you are utilizing someones else labor.

You need to get I-140 approval if you are looking to get the H1B extension beyond six years, and you are eligible to get 3 year extension, given that your I-140 is approved.

You are funny to say that "The substitute labor is already approved" becuase you cannot file I-140 if the substitute labor has not been approved.

Labordrags, I guess, so that pretty much rules out using the labor substitution.

If we applied PERM from scratch, does it take couple of months to prepare the application for PERM and then another couple of months to get approval?
His H1-B expires in Feb 2008 which means that the I-140 for the new PERM application needs to come thru by at least Jan 2008. At present there doesn't seem to be another option but are we going to be cutting it too close?

 

[labordrags]

Labordrags, I guess, so that pretty much rules out using the labor substitution.

If we applied PERM from scratch, does it take couple of months to prepare the application for PERM and then another couple of months to get approval?
His H1-B expires in Feb 2008 which means that the I-140 for the new PERM application needs to come thru by at least Jan 2008. At present there doesn't seem to be another option but are we going to be cutting it too close?

You can start your PERM application beginning Monday. However when you file it, you should have a PWD(prevailing wage determination) associated with it. I fogot the ad requirement and whole nine yards, as I am not following PERM in great details. But I can say that it can be done within less than 2 months. If you are not subject to audit, it can be approved within 60 days, in some cases, it is approved within 10 days!

Once it is approved, file I-140 using PP. PP will only take 15 calender days, now they are looking to make a rule of making it 15 business days, either way, you will have your I-140 approved within a month. Given that you are not getting RFE. Let me know if you have any questions about PERM, but I may have to explore its requirements as I studied it when it was first introduced back in March 28th, 2005 - then many update has taken place, and I am not keeping myself with it. But I will try to answer it.

 

[pathan786]

You can get extension beyond six years if you have this. There is no provision that once the pre-approved labor gets approved, you will get the same benefit as you are utilizing someones else labor.

You need to get I-140 approval if you are looking to get the H1B extension beyond six years, and you are eligible to get 3 year extension, given that your I-140 is approved.

Labordrags,

Does the above statement (that I140 approval is needed for h1 ext) hold true, if one gets the substitution on a pending labor rather than pre-approved labor ?

 

[labordrags]

Labordrags,

Does the above statement (that I140 approval is needed for h1 ext) hold true, if one gets the substitution on a pending labor rather than pre-approved labor ?

I think it makes sense, but you can always check with your attorney. I also believe that once you come into the pending labor, it depends on how long the labor is pending and when you are getting your share into it. I am not too certain with the pending one. And I dont want to misinform you.

 

[tirusat]

Labor Substitution - Experience Requirement

If a pre-approved labor has xyz priority date, should the labor substitution candidate have experience and the degree required before that date? Or can the candidate have experience and degree at any time before applying?

Ex: Priority date is June, 02
Graduation date is Dec, 02.

Will this work?

 

[tirusat]

i found from immigration lawyer that this will not work.