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You need to make sure you meet minimum labor qualifications (education + skillset+years of expr) as of the substituted labor filling date. Make sure you get a copy of all the pages of the approved labor so you can check yourself/with another attorney. Have all your communications via email so...

You can transfer the priority date, but the risk is if your previous employer withdraws labor or I-140 or substitutes the labor, USCIS is likely to deny your I-140 or 485.

Your extenstion will be based on approved I-140 (in your case) and not on priority date. PERM process can take from days to months. Like vvk01 indicated, you will be eligible for 3 year extension after I-140 approval.

Your 8th year extenstion will be based on Labor and/Or I-140 processing > 365 days. You can apply for a new labor and should get started on it ASAP and hopefully you will get both labor and I-140 processing complete before your H1 extenstion. Meanwhile, you should explore the possiblities of...

How long did it take for them to approve from the time of reply.

Thanks for the update axbasit. Any ideas as to how long it would take for USCIS to reprocess once all required documents are submitted given that you have paid for premium processing.

Notrized experience letters from co-workers should be ok. But USCIS may come back asking you to provide experience letter on company's letter head.

Congrats desolate! Do you mind sharing the day of your PD? Mine is also in July 2004. I am keeping my fingers crossed. Thanks.

Was I-140 filed using substituted labor or your own labor?

I am not sure if you can do that even with I-140 approved. You will be on H1 until you get your EAD. Aren't you suppose to work fulltime when you are on H1?

Thanks unitednations. As far as filing I-140 with substituted labor first, is it going to worsen the chances of approval in anyway ?

Interesting, 45 views and no response.

Hi, Could you provide a direct link to the page (or may be the section) where you saw this? Thanks.

I am in 7th year with Company A with pending EB3 labor. Company B has EB2 substitution labor with a offer. I have two options a) File H1 transfer first and then file I-140 with substituted labor after being on Company B's payroll or b) file I-140 first and then after few weeks, file H1 transfer...

Your labor certification will have minimum requirements like a degree + x years of experience + skillsets (could be all the listed or several of the listed skillsets). Take a look at your approved certification or check with your company/lawyer. Usually it is "several of the listed" skillsets...

Interesting. Is yours EB2 or EB3. USCIS will refund if they cannot process with 14 days. Good Luck and please keep us posted. Thanks.

It indicates that Premium for EB3 is not possible. Any ideas about EB2? Is Premium processing available for EB2?

For #1, As long as you meet the minimum requirements of labor certification you should be fine.

If I were you, I wouldn't bother as there is only a difference of 6 months and would probably be better with your original labor.

You may want to have a new PERM labor processed simultaneously