manwithnoname
Registered Users (C)
potlavs said:Hi,
My husband employer is opting for labor sibstitution because our Labor has NOF ,which we recieve very late actullay close to reply date .Now we asked the lawyer to file for I-40 permium , and he was told its not possible ,is that true for the labor substitution , there is no permium for I-40 . Advises are appreciated please reply.
Thanks
potlavs
I think, now it is possible to do premiium on I-140 for substitution labor. Below is an excerpt from imigration law website:
10/25/2006: Confusion on Availability of Substitution I-140 Premium Processing for Holders of Original Approved Labor Certification
- We reported earlier that the USCIS had initially blocked any substitution I-140 cases from the premium processing eligibility. But later the USCIS website changed it and has been reporting to the people that if the substitution I-140 petitioners submit the original of the approved substitution labor certificatiobn application, they will be eligible for the premium processing services. The USCIS information on ineligible cases is as follows:
(1) A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
(2) Labor Certification substitution requests, unless the original labor certification is submitted with the Form I-140 requesting the substitution; and
(3) Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
- After we reported such website instruction changes, we received some reports from the readers that the field offices were unaware of the policy change. We urge the USCIS HQ to give a guidance letter to the Service Centers on this change. If the website information is incorrect, they should correct the information not to mislead or confuse the consumers.