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140 Labor Substitution approvals
- Thread starter dynobuoy
- Start date
ghost-rider
Registered Users (C)
october 2001 applied got approved feb 2002.....CSC ...no rfe....485 still pending .....
lchalasani
Registered Users (C)
My husband's... concurrent filing with labor substitution.. ND 10/03/02. Approved date 1/10/03.. no RFE
YnotCanada
Registered Users (C)
Concurrent filing I-140 with Labor substi...
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
thanks,
Newfie.
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
thanks,
Newfie.
Participant
Registered Users (C)
Re: Concurrent filing I-140 with Labor substi...
Originally posted by YnotCanada
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
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1)yes, noramlly, if there are no serious questions about I140 by CIS.
You may also be eligible for getting IEAD at local office,if you
have filed these more than 90 days ago.
2)Your I140 should have been approved and 485 filed and pending more than 180 days ago.
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Not a legal advise. lay man's opinion.
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
Last edited by a moderator:
YnotCanada
Registered Users (C)
thank you naanshi and Participant!!
thanks!
thanks!
I140helppls
Registered Users (C)
re:
ssam
was ur labor sub filed from CA .Did u file concurrently.
ssam
was ur labor sub filed from CA .Did u file concurrently.
I am working for company X. My H1-B 6 years expired in June 2004. And I found company Y in Boston who is ready to do the labor substituion.
I have following question:
1> Is it possible that employer can match already approved labor of X employee to Y employee? if yes what condition ?
2> the employer also told me that if we file I-140 and 485 concurrently and then apply for the EAD. If EAD get's approved before June 2004 then i am safe.
So what are the chances of success in this case? And what stage the RFE might come form the INS ?
3> To do the LABOR substitution is it recommended that i have to be on company Y payroll so that there will not be any RFE at the stage of EAD or I-140 or 485 ?
4> How risky is to work for X company and do the LABOR substitution from the Y company ?
5> How to make sure that company Y is genuine. and it's not making any false promises?
6> Any special thing which i have to enquire about the company Y to make sure that chances of success to clear the I-140 and 485 from the company Y ?
7> If i filled the I-140 and 485 concurrently and waiting for the EAD approval after the H1-B (6th year expired). I can still be in the country and work on the basis of waiting or something ?
- Pshu
I have following question:
1> Is it possible that employer can match already approved labor of X employee to Y employee? if yes what condition ?
2> the employer also told me that if we file I-140 and 485 concurrently and then apply for the EAD. If EAD get's approved before June 2004 then i am safe.
So what are the chances of success in this case? And what stage the RFE might come form the INS ?
3> To do the LABOR substitution is it recommended that i have to be on company Y payroll so that there will not be any RFE at the stage of EAD or I-140 or 485 ?
4> How risky is to work for X company and do the LABOR substitution from the Y company ?
5> How to make sure that company Y is genuine. and it's not making any false promises?
6> Any special thing which i have to enquire about the company Y to make sure that chances of success to clear the I-140 and 485 from the company Y ?
7> If i filled the I-140 and 485 concurrently and waiting for the EAD approval after the H1-B (6th year expired). I can still be in the country and work on the basis of waiting or something ?
- Pshu
I140helppls
Registered Users (C)
re:
1> Yes it is possible. The job requirements + educational qualification listed on ET750A should match.
2> the employer also told me that if we file I-140 and 485 concurrently and then apply for the EAD. If EAD get's approved before June 2004 then i am safe.
I am not sure abt this but i assume that if you apply 485 thru the company that makes u safe too. pls check with a lawyer .....
3>
I dont think so .... but Yes it is always better to be working for the same company. PLS CHECK WITH LAWYER
4> CANT COMMENT
5> How to make sure that company Y is genuine. and it's not making any false promises?
talk to people in that company ... if possible communicate thru emails .i bet there is some financial negotiation going on .make sure that is clear......ask the company to show u labor and 750 A form ...have that checked thru a lawyer whether it will work for u
6> Any special thing which i have to enquire about the company Y to make sure that chances of success to clear the I-140 and 485 from the company Y ?
if the company is genuine it should be willing to show its financial details to ur lawyer and he/she can comment then abt the chances of I140
BEST THING IS GET A LAWYER AND HAVE THE LABOR CHECKED .THAT WILL CLEAR ALL UR DOUBTS ....I DONT THINK U CAN DEPEND ON ANSWERS FROM ME OR ANYONE ELSE IN THIS FORUM. THIS IS A ELABORATE AND TRICKY SITUATION.....
1> Yes it is possible. The job requirements + educational qualification listed on ET750A should match.
2> the employer also told me that if we file I-140 and 485 concurrently and then apply for the EAD. If EAD get's approved before June 2004 then i am safe.
I am not sure abt this but i assume that if you apply 485 thru the company that makes u safe too. pls check with a lawyer .....
3>
I dont think so .... but Yes it is always better to be working for the same company. PLS CHECK WITH LAWYER
4> CANT COMMENT
5> How to make sure that company Y is genuine. and it's not making any false promises?
talk to people in that company ... if possible communicate thru emails .i bet there is some financial negotiation going on .make sure that is clear......ask the company to show u labor and 750 A form ...have that checked thru a lawyer whether it will work for u
6> Any special thing which i have to enquire about the company Y to make sure that chances of success to clear the I-140 and 485 from the company Y ?
if the company is genuine it should be willing to show its financial details to ur lawyer and he/she can comment then abt the chances of I140
BEST THING IS GET A LAWYER AND HAVE THE LABOR CHECKED .THAT WILL CLEAR ALL UR DOUBTS ....I DONT THINK U CAN DEPEND ON ANSWERS FROM ME OR ANYONE ELSE IN THIS FORUM. THIS IS A ELABORATE AND TRICKY SITUATION.....
Thanks I140helppls for the reply.
only one question. In # 2, you have mentioned that
> 2> the employer also told me that if we file I-140 and 485 concurrently and then apply for the EAD. If EAD get's approved before June 2004 then i am safe.
I am not sure abt this but i assume that if you apply 485 thru the company that makes u safe too. pls check with a lawyer .....
Does i t means that once that company filled i-140 and 485 concurrently, i will be legal to stay in the country. And work too.
- Pshu
only one question. In # 2, you have mentioned that
> 2> the employer also told me that if we file I-140 and 485 concurrently and then apply for the EAD. If EAD get's approved before June 2004 then i am safe.
I am not sure abt this but i assume that if you apply 485 thru the company that makes u safe too. pls check with a lawyer .....
Does i t means that once that company filled i-140 and 485 concurrently, i will be legal to stay in the country. And work too.
- Pshu
I140helppls
Registered Users (C)
re:
Thats what I think... That if you have applied for I485 you should be able to stay but again I am not sure and would strongly recommend you to contact a good lawyer.
Thats what I think... That if you have applied for I485 you should be able to stay but again I am not sure and would strongly recommend you to contact a good lawyer.
Hi Guys,
Labor Sub
EB3 Concurrent 140, 485, 765, 131
RD, ND: 11/2003
4/2004:
SFO Local office refused interim EAD. Says case is on hold since late 12/2003. No RFE till date.
Above is my update. If you have any comments or similar experiences, I'd like to hear!
Thanks,
~T
Labor Sub
EB3 Concurrent 140, 485, 765, 131
RD, ND: 11/2003
4/2004:
SFO Local office refused interim EAD. Says case is on hold since late 12/2003. No RFE till date.
Above is my update. If you have any comments or similar experiences, I'd like to hear!
Thanks,
~T
Last edited by a moderator:
Substitute labor eligibility
Hi,
This is a question for the case where a preapproved LC may be transferred to an existing
employee in the company.
Does the experience and education on a preapproved LC have the match exactly the employee at the time of his/her hire or does it have to match his/her experience at the time it is transferred?
E.g. At the time of entry I had B.S. + 1 year experience at the time of joining and now have M.S. + 4 yrs. There is a preapproved LC matching the MS criteria.
Would I qualify for this LC?
Please help!!
Thanks.
Hi,
This is a question for the case where a preapproved LC may be transferred to an existing
employee in the company.
Does the experience and education on a preapproved LC have the match exactly the employee at the time of his/her hire or does it have to match his/her experience at the time it is transferred?
E.g. At the time of entry I had B.S. + 1 year experience at the time of joining and now have M.S. + 4 yrs. There is a preapproved LC matching the MS criteria.
Would I qualify for this LC?
Please help!!
Thanks.