filign I140 using Labor substitution - Please help

M

man123

Registered Users (C)
I work for company A and company B wants to hire me and offered to file I140 using labor substitution.

I have checked and found that the job description on the labor is exactly same as mine. My concerns are:

- The labor is dated 09/2001. Would that be an issue?
I am concerned that the labor may be old? Also it is Non-RIR.

- Any issues that I may encounter if I file I140 and I485 concurrently.

Please reply.
 
Originally posted by man123
I work for company A and company B wants to hire me and offered to file I140 using labor substitution.

I have checked and found that the job description on the labor is exactly same as mine. My concerns are:

- The labor is dated 09/2001. Would that be an issue?
I am concerned that the labor may be old? Also it is Non-RIR.

- Any issues that I may encounter if I file I140 and I485 concurrently.

Please reply.
Click to expand...

Your job exp and educational evaluation must match with the approved LC on date when it was filed.

LC is valid forever - you may use it without any problem.

Issues are bit tricky - if everything matches then I do not see any issue. But you must get a good lawyer - most of the LC subst are unique in their own way.
 
I have all the skills that are specified on the Labor certificate.
But I also have a lot more than that. You may say I am over qualified. Could that be an issue?
 
To answer your questions:

>> You may say I am over qualified. Could that be an issue?

I think that should not be a problem. As far as you have what is specified in the Sub Labor you should be ok.

Labor works based on categories. If 2 or more of your skills fall in a specified category it is fine. You may have many other skills from all other categories. What they are interested is any 2-3 skills from 1/2 categories. That is all...

More is good, less is a problem...

Thanks
 
Please check credentials of company B

There are companies around, who will promise many things if you have project.

Make sure:

1. They have shown you the original labor
2. They will file your H1B and I-140/I485 on the same day. - else once you have joined, they will keep on dragging.
3. If possible, check out with their existing employees - their reputation - attitude etc.
4. Make sure that, they will continue GC processing even if you loose your project.

These are just guide lines - don't hurry and make a decision which you may repent later. GC can be used as a carrot.

And I sure you are being offered this thing from a contracting company - and not a professionally run company - which means no rules apply to them...

My 2 cents..
 
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