Can a company use approved LCA for another qualified Employee...

M

Moonrock

Registered Users (C)
Hi,

Here is my question...One of my co-workers applied GC through my company and got LC..He left the company. Can that LC used for another qualified employee..Both Employee A and Employee B has similar qualifications and title..

Is there any website where I find more info regarding this situation? Are there any issues involved with this kind of transfer?
 
No Title

Let\'s say if approved LC is available. It\'s highly possible that you can use approved LC.

To my knowledge the following should meet:
1. educational background
2. years of experience
3. job title.
This is a very important opertunity especially when we see how long it\'s taking to get LC these days. Try to do more research or talk to your lawyer or HR or someone who knows more about it.

Best of Luck!
 
Yes

Yes. This is referred to as "substitution." The most important criterion is that the person being substituted must be fully qualified under the labor cert requirements as of the date the original labor cert was first filed. Regards. Rajiv.
 
What does "Fully Qualified" mean.....

Hi Rajiv,

What does "Fully Qualified" mean in ur reply? Can you please elaborate it?

Thanks
 
I-140 rejected...

Can we use the LC of the person who\'s I-140, was rejected and use that LC to file for the other more qualified employee.
 
Hmm, let me try

Let us say the labor cert was filed on 1/1/2000. It required someone with BS+2 Years Experience in Corba and COM/DCOM based DCE.

In order to substitute, the qualified candidate must possess AS OF 1/1/2000, BS + 2 Years Exp in Corba/COM/DCOM.

That is fully qualified.
 
Is it necessary that Emplyee B should be an employee of that company when the labor was filed for Em

....or is it just the qualifications?
 
LCA & 140

Can we use a labor clearance of the applicant who withdraws from I-140 stage. If yes do
we have to wait for the INS notification or we can just go ahead and use it.
The reason we have not received the withdrawn application for the INS & its almost 90 days, wanted to find out can we use the LCA copy & go ahead & file someone else I140 or wait for the INS to send us the notice
 
I140 Withdrawn

Can we use a labor clearance of the applicant who withdraws from I-140 stage. If yes do
we have to wait for the INS notification or we can just go ahead and use it.
The reason we have not received the withdrawn application for the INS & its almost 90 days, wanted to find out can we use the LCA copy & go ahead & file someone else I140 or wait for the INS to send us the notice
 
Hi moon rock

Hello Moon Rock,

    I just read ur message of asking is it good to use
  LCA for similar qualified employee.

    Yes it is good. I came to know this from on Attorney.

    My case is I got laid of after I 140 approval.

    I am just interested what kind of qualifications that ur
    ex employee has got. I am really in bad shape with this kind
    of situation and losing my GC\'s EAD for just 2 months.

Please reply to stunpad@yahoo.com

Thanks
Mystery.
 
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