AC21 and labour substitution

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Registered Users (C)
hello,
Is it possible to use labour certification papers of a colleague, for substitution who just left the company using the AC21 law?
Can you please explain the difficulties involved?Your advice would bbe greatly appreciated.
 
Not really

if you could do that then there would be thousands of people who wanted to do the same.
 
Yes you can use this Labor.

Yes, You can use your collegue's Labor for your GC provided
you both work for the same company and have same experience
and similar skill set,
Its definetley possible, you don't have to use AC21 for this,
its a straight forward thing
check with your attorney - don't was time,

good luck on your GC
 
unitednations said:
Yes, you can use the labor. Only thing is that your employer would have had to revoke 140 prior to that colleague receiving approval of 485.
----- but if the Past workers I-140 was Approved and his I-485 was pending more than 180 days then the employer canot REVOKE the I-140 as you suggested

Nothing will happen to your colleague as uscis will send him Notice of intent to deny and he will then have to invoke ac21.

However, if his greencard was approved and your employer didn't revoke the 140 prior to approval then you cannot use it. Difficulty is how do you know your employer revoked 140 and did they do it in time. Get answers to these questions.
AND also try to know the date when that LC was filed. did you have same education, EXP, skills that your colleague had Before the date that LC was filed?????? You need a V. Good lawyer for the advice
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Urgent question, please help

My labor is stuck in California.

Just last week, one of the employees in our company left. My company wants to use his labor for me. However, that person has already filed for his I-140 and I-485. Can his labor be used for me? Does it depend on whether or not he completed 6 months after he filed I-485?

In your previous posts, you have written that the timing is very important i.e., when the company revokes the I-140 (or when it informs that he was not hired). What is this exact time frame? Since he just left last week, is it enough if they do it right now? My company is willing to help me by telling me details about the revoking etc.

Any help is so much appreciated.
 
unitednations,

thanks for the reply. Don't worry - My ex colleague's I-140 is already approved.

So, is this a win win situation? Namely, both of us can now get our green cards?
 
gkmhan said:
unitednations,

thanks for the reply. Don't worry - My ex colleague's I-140 is already approved.

So, is this a win win situation? Namely, both of us can now get our green cards?
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If 140 is approved and 485 is pending for more than 180 days and an employee has used AC21 to change the job, then I guess, the LC can not be used by other employee. It is because the underlying I140 can not be revoked in this case to make the LC available to an another employee. However, the law is still not clear on this one so please check with your attorney. I think USCIS won't entertain such cases because with one LC, virtually, you can get two green cards !

Please remember - I am not a lawer or a person with knowledge of law - I am an ordinary user to this web site as you are. So please don't take any action based on my posts.
 
gkmhan said:
Urgent question, please help

My labor is stuck in California.

Just last week, one of the employees in our company left.
My company wants to use his labor for me.
However, that person has already filed for his I-140 and I-485. Can his labor be used for me?
------ yes the labor can be used, as YOU need the GC the other person also need the GC, if you are good person let the orther employee hit his I-485 for 180 days so that he can use AC21,
Does it depend on whether or not he completed 6 months after he filed I-485?

In your previous posts, you have written that the timing is very important i.e., when the company revokes the I-140 (or when it informs that he was not hired). What is this exact time frame? Since he just left last week, is it enough if they do it right now? My company is willing to help me by telling me details about the revoking etc.
--- as your company is willoing to help you why you cany help the other person to get his GC? why you are providing the info to employer this HIS I-140 should be revoked????? so that you get GC and He should not get GC???? why are you trying to harm other person??
Any help is so much appreciated.
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gkmhan said:
unitednations,

thanks for the reply. Don't worry - My ex colleague's I-140 is already approved.
---- do you know if his I-485 hit the I-180 days, if not, dont harm the other person to get his GC
So, is this a win win situation?
--it can be WIN WIN for you if you request employer to revoke his I-140 if his I-485 had not hit 180 days, if you request your employer to revoke his I-140 then you are harming the other and he will not be able to use AC21 is will Loose loose for him, if possible not try to harm the others, he was also waiting like you to get GC his LC was filed before you, why are you trying to get his I-140 revoked ??? Try to help and you will be helped by God directly or indirectly
Namely, both of us can now get our green cards?
----- if his I-140 is not revoked on your request to employer and employer does not send any letter to USCIS to revoke his I-140 at least for 180 days
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Ginnu,

Thanks for the reply. No need to worry, my ex colleague has already finished 180 days on his I-485. Otherwise, he will not leave the company, right? He is a friend of mine too. Even our manager knows him very well, so he won't do things to harm him.

Now, can you let me know if I can use his labor for substitution? I know unitednations has already said we can do it. But, I would like a second opinion also.
 
gkmhan said:
Ginnu,

Thanks for the reply. No need to worry, my ex colleague has already finished 180 days on his I-485. Otherwise, he will not leave the company, right? He is a friend of mine too. Even our manager knows him very well, so he won't do things to harm him.

Now, can you let me know if I can use his labor for substitution? I know unitednations has already said we can do it. But, I would like a second opinion also.
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I do not know any one has played this game or not. There is very high chance that some one of you two will have the problems and most probably it is you. You are trying to use same labor to get GC for two people.
Do not play along with employer. Be ready with contingency plan. Take care.
 
Thanks for your comments. But, we are not trying to play game. Look at it from employer's point of view. The employee left and what will the employer do about it? Its their labor, not the employee's. They have to use it to hire someone. The employee who left will make use of AC21 clause, its his option.

I would like to know the process. Will they have to revoke the I-140?
 
gkmhan said:
Thanks for your comments. But, we are not trying to play game. Look at it from employer's point of view. The employee left and what will the employer do about it? Its their labor, not the employee's. They have to use it to hire someone. The employee who left will make use of AC21 clause, its his option.

I would like to know the process. Will they have to revoke the I-140?
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tammy2 has replied to you and it is you who may face problems, USCIS does not say that I-140 need to be be revoked after approval. best option file your LC or wait for your LC to be cleared then file your I-140, I-485, EAD AP, play safe
 
gkmhan said:
Thanks for your comments. But, we are not trying to play game. Look at it from employer's point of view. The employee left and what will the employer do about it? Its their labor, not the employee's. They have to use it to hire someone. The employee who left will make use of AC21 clause, its his option.

I would like to know the process. Will they have to revoke the I-140?
Click to expand...

No. you took me wrong. I am not blaming you. Employer has every right do that. My intension was to tell you that you will in trouble because of this.

Some time in January I was talking to our companies attorney and I mentioned about this possibility. His response was the employer looses the control of the Labor. Here Labor becomes portable to new employer along with employee. So you cannot do that. He said it is his personal comment but can be questioned in court.

I was just cautioning you. If you are ready to take the risk it is OK. But take precautions.
 
ginnu and tammy2,

Thanks for your comments. I understand what you are saying and I am thankful to you for letting me know about the risk.

I already have a labor filed in California and its remanded to state. Now its in Non-RIR queue. Now, if I take this option, what will happen to my labor application? Lets say it gets approved through this labor substitution option, everything is good. Lets say it does not work out, can I go back to my old labor?
 
gkmhan said:
ginnu and tammy2,

Thanks for your comments. I understand what you are saying and I am thankful to you for letting me know about the risk.

I already have a labor filed in California and its remanded to state. Now its in Non-RIR queue. Now, if I take this option, what will happen to my labor application? Lets say it gets approved through this labor substitution option, everything is good. Lets say it does not work out, can I go back to my old labor?
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gkmhan,

Absolutely don't want to discourage you but I think what ginnu and tammy2 are saying makes sense. As I said in my earlier post, your employer is trying to get two green cards using one LC. Looks like there is no law to prevent this but one would recommend not to take undue advantage of loopholes in the law. I am sure eventually INS will address it but your case just doesn't sound logical from INS's view point. Anyway - best luck with your application but be prepared to face some issues/RFEs.

Remember, a good employer will NEVER revoke the I140 of a left employee. Moreover, if the employer makes this as a practice, he may be blacklisted for taking undue advantage of loopholes in the law. This is absolutely not a good practice and one should avoid taking short cuts like this.

About your existing LC application, it can continue even with the second substitue application.

Good luck and I am sure you will take a wise decision.
 
gkmhan said:
Thanks unitednations..

On top of it, I did some research and found two links. This seems to be ok.

http://www.murthy.com/chatlogs/chat1230.html

---- Murthy also wrote "We do not have any written regulations yet on this issue, though". you only read what you like to read
http://www.ilw.com/lawyers/articles/2001,1210-Paparelli.shtm
------- this is lawyer view but no such law or USCIS MEMO or clarification published
In both these links, search for the word "mitosis"
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