Canadianindian
New Member
I am planning on a labor substitution that was approved in 1999.
My lawyer is arguing that it is possible that it be denied on the "natural progression" argument in light of the fact that we are substituting
another person's approved RIR labor certificate from 1999.
He mentioned that my career has naturally progressed, but the wrinkle is that we are using an approved labor cert for a "Junior" position that
was filed in 1999 for another individual. So to argue that my career has progressed due to the passage of time (not associated with a Labor
Certificate filing on my behalf, but on someone else's behalf) is disingenuous and the USCIS would see through that and possibly issue an RFE
or denial.
My question to you is:
How correct is the lawyer?
What are the risks of a denial of the labor substitution on my regular i-140 (non-substitution).
Also, can anyone suggest a lawyer that I can talk to. My email is hppdelhi@gmail.com
My lawyer is arguing that it is possible that it be denied on the "natural progression" argument in light of the fact that we are substituting
another person's approved RIR labor certificate from 1999.
He mentioned that my career has naturally progressed, but the wrinkle is that we are using an approved labor cert for a "Junior" position that
was filed in 1999 for another individual. So to argue that my career has progressed due to the passage of time (not associated with a Labor
Certificate filing on my behalf, but on someone else's behalf) is disingenuous and the USCIS would see through that and possibly issue an RFE
or denial.
My question to you is:
How correct is the lawyer?
What are the risks of a denial of the labor substitution on my regular i-140 (non-substitution).
Also, can anyone suggest a lawyer that I can talk to. My email is hppdelhi@gmail.com