Can we use the Substitute labour ??

P

Phani_gc

Registered Users (C)
Hi Guru s

Can I use the substitute EB2 labour after my own 140 approved??

In Detail:
1) I am in 7 th year now.
2) My EB3 Labour and 140 also Approved .
3) If my Company have any EB2 approved labour (My Company is having one Pre approved EB2 labour), Can I use that Labour, Because I am working for the same company?(Please remember I am in 7 th year now)

If I use that substitute EB2 labour, and If I get any RFE s, Can I use my own EB3 labour/140 ??

4) I have BS & 5 + year exp in relative field.

(Or)
5) Can I change my "own labour EB3" to EB2, and Can I file 140 and 485 with this ? because I am having 5 + exp ?
Please respond, Really appriciated.

Thanks in Adv
-Phani.
 
EB2 and EB3

Actually I joined this company in 2000 and that EB2 labour was applied in 2002 on some one else name, and its approved recently.

And They applied labour on my name on 2003 and it was approved in Jan 2006 and 140 approved in May2006.

My question is, Can I use that substitute EB2 labour and file 140/485 ??
If I use that EB2 substitute labour, What about my approved 140? If I stuck with the substitute labour, can I use my old EB3 and preceed ?

please advice me. I am in great confusion.

Thanks,
Phani.
 
Hi Phani,

Your 7th year extension is tagged to your 140 approval on your EB3 approved labor. You can't switch to another Labor (sub) now to jump the queue. My understanding is that Substitution has been discontinued. See link on discussion below. It would be safer to continue on your own approved labor and wait till your PD becomes current to apply for I-485.

http://www.immigrationportal.com/archive/index.php/t-195568.html

I am not an attorney. Please consult an attorney.
 
You must log in or register to reply here.
Top