EB3 LC substitution from new employer

[duluth111222]

Newbie here. Here's my situation. My new employer has a pre-approved labor that I can substitute. I'm having my H-1 (with only less than 7 months left out of the 6 year total) transferred to the new employer. My question is:

1) Is LC substitution still allowed? I heard INS was trying to eliminate that. Is it effective yet?

2) Say LC subs is still allowed, when can I file I-140? Can I file it immediately based on the pre-approved labor, or do I have to wait till my H-1 transfer got approved?

Many thanks in advance. Your response will be greatly appreciated.

 

[GCInThisLife]

As far as I know labor subs are still allowed. Since you have only 7 months left, the only way you can get an extension is using approved I140. If you/employer have the pre-approved labor in hand (original might be needed), I suggest you file as soon as possible (file premium to be safe) and upon approval you request a 3 year extension.

Newbie here. Here's my situation. My new employer has a pre-approved labor that I can substitute. I'm having my H-1 (with only less than 7 months left out of the 6 year total) transferred to the new employer. My question is:

1) Is LC substitution still allowed? I heard INS was trying to eliminate that. Is it effective yet?

2) Say LC subs is still allowed, when can I file I-140? Can I file it immediately based on the pre-approved labor, or do I have to wait till my H-1 transfer got approved?

Many thanks in advance. Your response will be greatly appreciated.

 

[duluth111222]

If you/employer have the pre-approved labor in hand (original might be needed), I suggest you file as soon as possible (file premium to be safe) and upon approval you request a 3 year extension.

Thanks GCInThisLife for the prompt response. You're awesome!

So that means I should be able to file I-140 immediately, and don't have to wait till the H-1 transfer got approved. Am I right? If so, that's definitely good news.

Also, based on my quiet following in this forum , you can't file premium in the case of LC subs. Is it true?

 

[GCInThisLife]

From immigration-law.com
--
09/26/2006: USCIS Changed Policy on I-140 Premium Processing Eligibility Involving Substitution

* Without publicity, the USCIS changed its policy on the availability of I-140 petition PPS involving labor certification substitution. As seen below, now the USCIS is accepting I-140 premium processing inasmuch as the petitioner has the original certified labor certification application. This reporter thanks to a visitor who reminded me of the change. For the USCIS guidance, please see the following information:
o Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve:
o (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).
--

Though, I cannot confirm, I think you can file labor sub before joining. Howerver, folks I know/heard filed after joining the company. With H1B premium, you can get transfer in about 2 weeks. Also, since the paperwork etc for I140 will anyway take > week, you can start working on both in parallel.

Please check with your lawyer on how soon you can file and also about premium processing for labor subs.

Thanks GCInThisLife for the prompt response. You're awesome!

So that means I should be able to file I-140 immediately, and don't have to wait till the H-1 transfer got approved. Am I right? If so, that's definitely good news.

Also, based on my quiet following in this forum , you can't file premium in the case of LC subs. Is it true?