Approved I140 issue

[SaiWelcome]

Hello Friends,

I got an offer from a company , they say they have approved I140.

They are willing to substitue for me.

My present company LC is pending at PBEC from Oct 2003.(Regional-RIR)

My sixth year h1b will be over by March 2006. My present company already filed for 7th year H1B extension.


The new company is saying they can get three H1 extension based on Approved I140 they have.

I dont know how they can do that, is it possible? please let me know.


This is the message i got from new company:

-----------------------------------------------------------------
The priority date of this labor is Sep 2004, and its EB3. There has been
talks that suggest, that both EB2 and EB3 might become current again in
next 3-4 months(so there is no difference between EB2 and EB3 now, even
now both are pushed back to almost same date)

On the basis of this approved I-140, we can do 3 years of
H1B extension.
You will not be anymore dependent on his current GC or labor or h1B(what
ever extension), you will now be dependent on this
approved labor/I-140, and will get immediately 3 years extension on H1B

We will not be interested to apply this I-140 for anyone, who wants us to
wait, and join. very soon, a new law is almost finalized, where
labor/I-140 cannot be substituted.
------------------------------------------------------------

guys please share your suggestions.

Thanks

 

[unending_proces]

Per my knowledge, they can do labor substitution for you, but cannot use the same 140.

If they substitute as the beneficiary of the approved labor, they will need to file a new I140 on your behalf which is not taking very long nowadays (I have seen people get I140 approvals within 2-3 months)

I have heard on this forum people discussing that labor substitution will no more be allowed in future, but no law as of now.

 

[SaiWelcome]

Thanks

Per my knowledge, they can do labor substitution for you, but cannot use the same 140.

If they substitute as the beneficiary of the approved labor, they will need to file a new I140 on your behalf which is not taking very long nowadays (I have seen people get I140 approvals within 2-3 months)

I have heard on this forum people discussing that labor substitution will no more be allowed in future, but no law as of now.

Thanks for your reply.

If my company filed the substite labor for me.

And law get changed say by jan 2006.

will my application still be processed.

please let me know.

Thanks

 

[gctarget06]

SaiWelcome,
any case of substitution will be processed until a law comes into effect to stop it. all pending applications will be processes as usual.

 

[nato]

beware what a 140 sub means, in retro world, no 485 approval

SaiWelcome,
any case of substitution will be processed until a law comes into effect to stop it. all pending applications will be processes as usual.

 

[SaiWelcome]

Thanks


Thanks Guys.

 

[Grandhipal]

140 sub

Can you please elaborate on what you mean?
Thanks

beware what a 140 sub means, in retro world, no 485 approval

 

[TXasian]

SaiWelcome

I am wondering what you are trying to achieve here. Your own LC (pending) has a better priority date than the offered substituted labor (assuming your own LC is EB3). So, if you take the offer, your ultimate green card timeframe is not improved, rather shifted by one year. The only benefit you will get from the substituted labor, is, your I-140 will be approved quickly. And, because of retrogression, you will be able to get H1B extension in 3 yr. Also, if new law is passed by senate to allow all I-140 approved people to apply for I-485 for a fee of $500 (no matter retrogressed or not), you will be able to get an EAD and AP based on that. But, that is it. Your combined waiting time for the green card will be longer.

If your own LC is for EB2, I would not even consider the EB3 substitued labor offer, provided that current job is stable.

I don't know where PBEC is now. But, DBEC is processing RIR-regional applications at Aug-Sep 2003. Just try to find out when PBEC likely to process your application. If it is one year or so, your own LC is better than the offered LC. Because, after that you will be able to get I-140 approved and with a better PD.