global_goonda
Registered Users (C)
srignram said:There are two possibilities of Labour substitution:
1)Labour applied for x with skill set A and X left the company before labour approved.
2)Y with the same skill set A can be substituted for X.In this case 140 has not been applied on the labour and Y will get the original priority date.
3)the second possibility:x has used the Labour and applied 140 either seperately or concurrently but left the company either after after 180 days using AC21 or due to some other reason.
The company now invokes the 140 and/ or 485, Y can now apply 140 with the copy of the labour.In this case Y will not get the original PD but the RD of 140 becomes Y's PD.
The company that you mentioned applied the same Sub Labour for more than one person at the same time with the copy of labour. Hope this clears the ground.
You mean "company REVOKES" the I-140 of the original applicant.
Where did you get this information from? I'm not challenging you, but I'm curious. Do you have any link/document that states how the priority date is affected for substitution labor cases when the company revokes the orignal applicants I-140?
thanks!