Can I file I140+485 on somone elses approved Labor ?

M

Munna2

Registered Users (C)
Gurus please help!!!

Can I file I140+485 for myself with someone else approved labor ? If yes then what are the conditions ?


Thanks in advance,
Munna.
 
look for threads on labor substitution. You can file I 140 and I 485 if your employer has an available matching labor
 
Munna2

As long as your skills/experience/education matches (or exceeds) as stated in approved LC, you can use that. If employer had already used that LC to file I-140 for someone else, employer need to send a request to INS.
 
Gurus! Many Thanks for your quick reply.

The situation is that I got an offer from someone who says that he has an approved labour with the same matching skills that I have and he is assuring me that I can get my GC done thru this approved labor with them in less than 2years if I am interested in joining them.

Based on your reply I understand that the approved labor should be with my employer and not with some other company. I hope I am wrong and appreciate if you guys can help me understand it right.

Thanks again for all your help!!! You guys are the best!!!
Regards,
Munna.
 
approved labor should be with the company you aer working ...or going to work. Try talking to an autorney before deciding anything
 
but be careful

Getting a substitute labor works, it has worked for many cases, but be careful that your job description matches exactly with the substitute labor.

Acc to my attorney INS scrutnizes substitute labor more than the normal labor cases. From one of my resources I have come to know that they even match your H-1B job description with your substitute labor.

I would suggest if your job desc matches with subs labor then go ahead, but ask your company to file for your labor also, so that if anything gets screwed in the later stage, you have your original labor as a fall back measure
 
Munna2

Getting GC through employement with substitute LC requires following...

A) Skills/Experience
The person who is planning to use that approved LC must have all the min requirement (Education/skills/qualification) as stated in LC.

B)Intent from sponsering company

C)Ability to pay prevailing wage once GC is approved

Looking at your response, I think you are fine with (A) & (B)...Also make sure company is financial strong before you make any decision.

GOOD LUCK............
 
The person must have had the skills and experience when the LC was filed. For example, if you obtained your BS last year and the LC was filed 2 years ago and required a BS, you cannot substitute since you would have been disqualified had you applied at the time.

This can be tricky.
 
usnycus

usnycus, I am thinking to use a substitute LC. The LC has been used by my co-worker, but his I140 was rejected. He appealed and withdraw his I140. My question is can I file I140 without the original LC because he filed the original LC with his I140 application. What details should I do if my profile match the LC? Thank you.12
 
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