Substitution for labor certification in Green Card

T

tsendil

Registered Users (C)
Hello, I am talking to a company in the east coast for possible employment. I am on a H1-B. They are willing to procees my GC. They say they can apply my GC through "substitution". This means they already have labor clearance for my position and hence, I will just have to go through I-140 and I-485 . Is this an accepted practice ? Are there any catches here ? The company in question here is pretty large.

Please advise. I will be taking a pay cut and want to make sure,I will benefit in the GC process atleast.
 
LC and Substitution

Thanks for your response. LC, you mean Labor Certification or there is an LC for H1-B petition also. So which one are u referring to ?

I hear labor is already cleared for someone and that person has left the compnay. SO that is being used for me. Would that be the right explanation ?
 
Terminology

An LC is a Labor Certification and is used for most employment based GCs.

An LCA is a Labor Condition Application (form ETA 9035) and is used for H-1s. LCAs can be used for multiple employees if it was approved for more than one position.

Jim
 
No Title

hey tsendil,

yes it is possible. if the labor cert for the gc meets ur qualifications and u meet the job req. then it is possible and this will speed up ur process too.
 
LC substitution and I-140 for H1-B holder

Hello,

I will be joining a company that will do a LC substitution for me. I will have to transfer my H1-B over to the new company. Can this company file for my I-140 along with the petition for H1-B transfer ? Is this safe ? Or will they have to wait till the H1-B transfer in completed and we receive the papers form INS for the H1-B transfer.
 
H1-B transfer

Hello,

I will be changing employer and will need H1-B transfer. IS it safe to start working for this new employer and the employer files for my H1-B transfer within a week of my start date with them ? What would be the best way to co-ordinate the start date and filing of the H1-B transfer with the new employer?

Any help will be appreciated

-Sendil
 
No.

You must have filed the H-1 BEFORE you start work with the new employer. Most employers want to wait for a receipt notice from INS to be safe since there will be problems if INS kicks the petition back for any reason.

Eighteen months ago, you needed to wait for approval, it certainly isn\'t too much to wait for filing.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
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