Dec 2001 Tracker

Could you please explain what is substitute...?

Hi GCCrusader,

What is labor substitute..? How did you do that..?
 
Labor Substiute

Guys
Anybody knows about any complications that may arise out of
using Labor Substitute in I-140 processing.
Let me know if u know any such probs.
Thanks
 
No Title

I have applied using a substitute labor ,only a few days ago(12/4).i will post results/problems as i encounter them.
 
About Substitute labor

If the company that plans to process your green card ,has in the past applied and got a approval for Labor certification for another candidate and due to some reason that candidate is no longer with the company or discontinues his/her process,then and only then can that approved labor certification be used for a substitute candidate(for example you),also the skills,qualifications etc of the substitute candidate should be equal to or more than the approved candidates skills etc.
Also if there is a labor approved for another candidate and I 140 also has been filed for that candidate and he/she leaves the company even then,the labor that was used to file that I 140 can be withdrawn and reused for another candidate.

Please note to execute such applications,it is good to use a good attorney who can answer any questions from the INS in proper manner

I hope i have been helpful.
 
Labor Substiute

Thanks a lot, GCCrusader for the wonderful explaination.

However, I am actually wanting to know if you or anybody u personally know what kind of problems or RFE had got and can expect when using substitute labor for filing I-140.

Thanks again.
 
delay in I - 140

Thanks GCCrusader,

That was exactly my attorney did in my case, applied on March-7th,2001, and got denied on 2nd November,2001(why so long ? why it got denied ?).

Attorney has not received anything from INS about this, I came to know through a voice message service. Any hints on my case please?

thanks in advance
-cn
 
No Title

The reasons could be many,and many a time even if denied due to a reason that INS did not see ,the attorney can reopen the case and persue it.
I am not in a position to comment on possible reasons.You should get a notice from INS soon if not already.

Please post the reasons and we can then see if there is a solution to that.
 
No Title

I am not a expert on the topic cos i myself have recently filed on a substitute labor (12/4).
But as far as i know it is a common practice and has been succcesfully argued by the attorneys to get the I 140 cleared.
As you all may by now know lot depends on the attorney and how he presents the case.

I feel the RFE\'s are more likely for substitution case other than the regular RFE\'s like W2,paystub etc,IF :
1.The education of the approved labor is more than the substitute guys.
2.IT Skills are less
3.experience is less than the approved persons.
4.Location is different
5.Salary is different
OR similar technical problems.

Anyways lets wait and see what happens in my case:
filed 12/4,VSC EB2 RIR,Have masters plus 10 Yrs IT exp.

It is always adviceable to leave your own Labor in process while attempting the substitution,that way you can gain time in case of a I 140 denail in the substitution case and reapply using your own Labor ( hopefully you get your own one by then).
 
From www.imminfo.com

Topic: Labor Certification Substitution (1 of 2), Read 110 times
Conf: Labor Certification Issues
From: krishnakt
Date: Saturday, October 27, 2001 08:16 AM

Hello,
My present company had applied for and received a Labor Certification for an employee, say Mr. A. Mr A, had to leave my present company after his LC was approved.

When my company had to file for my GC, they had withdrawn the I-140 filed for Mr A and the lawyers substituted me into the approved LC of Mr. A.

Is this really possible and if yes, this can be done, what are the pros and cons of doing this.

Will there be more trouble when filing for I-140 and/or filing for 3rd stage.

Thank You
/Krishna

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Topic: Labor Certification Substitution (2 of 2), Read 84 times
Conf: Labor Certification Issues
From: Ron Gotcher
Date: Monday, October 29, 2001 05:49 PM

b It is possible. It is done regularly and there should be no additional delays.

Ron Gotcher
Gotcher, Richmond & Associates, LLP
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403
 
No Title

Thanks Marta! it gave me some more confidence.
i applied very recently.And am aware that it is done regularly,but as you know Green Card is something that keeps us on the edge all the time till we get it.
 
Thanks Marta!!!

Me too in the same boat, using substitute labor for applying my I-140. hope it works fine.
posted I-140 somewhere in Nov 21 as per lawyer.
i will as well post info as my case progresses.

Thanks to all on the board.
 
Check Encashed

Mailed to VSC : 3 Dec
Recd By Mailroom : 4 Dec
Check encashed : 10 Dec

Waitinf for Recipt number or copy of encashed check to check EAC# on it.
 
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