H1B extension on pending substitute labor

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rachel123

Registered Users (C)
Hi Guys,

One of my friend is approaching his 6 year lkimit on H1B. He has not applied for labor. He is thinking of taking a pending labor for similar profile as his, which is pending more than a year from some company. Is it possible to get one year extension based on the pending labor. Is it possible to substitute LC which is not approved.

:confused: :confused:
Thanks
 
rachel123 said:
Any views or information in this regard is highly appreciated
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Yes, you can get it. Company has to provide details of pending LC and declared intent of substitution.
 
rachel123 said:
That really helps him. How should he proceed.
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Check:

http://www.murthy.com/news/UDh121st.html

Evidence of the Pending LC Acceptable to BCIS

Along with the proof - employer needs to attach a signed declaration of his(employer's) intent of susbstitution.

Also check following for specifics(on same page):

Substitution Beneficiary Enjoys H1B Extension Benefit!
 
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Thanks again

Thanks again J, You have a Good knowledge in immigration matters. Are you a attorney?
 
rachel123 said:
Thanks again J, You have a Good knowledge in immigration matters. Are you a attorney?
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;) Thanks but I am not anything remotely like that. I am a member on this portal - happened to be around for a while - that is all.
 
can you elobarate on proof of labour

Can you please explain what kind of proof that BCCI needed for sub labour for extension.

lets take my case
a) from company A labour filed. I have the receipt notice of DOL with me.
b) Now I am with company B. for filing extension isn't that the pending status of the labour from BEC is not enough?
c) Do I need a written signature proof needed from the company A?
 
Jharkhandi said:
Check:

http://www.murthy.com/news/UDh121st.html

Evidence of the Pending LC Acceptable to BCIS

Along with the proof - employer needs to attach a signed declaration of his(employer's) intent of susbstitution.

Also check following for specifics(on same page):

Substitution Beneficiary Enjoys H1B Extension Benefit!
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In the URL given, it says about the approved substitution LC not about the pending substitution LC. It is said that proof of I140 petition has to be submitted in that case.
 
I am very new to this. But J seems to be right. If a approved LC can be substituted why not pending LC. But New you are right in that document in Murthy they donot say. J you want to say anything????
 
rachel123 said:
I am very new to this. But J seems to be right. If a approved LC can be substituted why not pending LC. But New you are right in that document in Murthy they donot say. J you want to say anything????
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In another thread Tammy2 said that he know a case where USCIS rejected the pending LC substitution, and even in appeal they rejected. Best bet is file with DOL to change the beneficiary name for the LC filed, and then using that file for H1 extension.
 
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rachel123 said:
I am very new to this. But J seems to be right. If a approved LC can be substituted why not pending LC. But New you are right in that document in Murthy they donot say. J you want to say anything????
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Sorry for the delay in reply. LC contains of two parts -

ETA-750A and ETA-750B

ETA-750A contains employer information. As far as I know, part of this form can be amended in a very restrictive way, without loss of PD. ETA-750B contains employee information. This cannot be amended without loss of PD.

Any amendment to LC has to be done through SESA. SESAs utilize various procedures for amending a case; the nature of the amendment might affect the method of amendment. In some instances, a letter to SESA is sufficient(for example RIR conversion of Aug 2001). Other times, the employer is allowed to submit a new ETA form, signed and dated, for association with the pending case, like name or address change. And finally, sometimes, the employer (for part A) or employee (for part B) can amend the form by making the changes directly to the form and initialing and dating the changes. In the third scenario, you would need to ask SESA to return the ETA forms to you. And your PD is lost.

All the best!
 
desi_kallu said:
Can you please explain what kind of proof that BCCI needed for sub labour for extension.

lets take my case
a) from company A labour filed. I have the receipt notice of DOL with me.
b) Now I am with company B. for filing extension isn't that the pending status of the labour from BEC is not enough?
c) Do I need a written signature proof needed from the company A?
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I see where you are coming from! :D

Your lawyer may put all the details of pending LC(if that is not withdrawn already), USCIS will contact DOL for specifics.
 
Thanks again J, do u have an idea how long they take to substitute the names in case of pending LC. So after ammendment is done then one has to apply for H1b extension am i right?
 
rachel123 said:
Thanks again J, do u have an idea how long they take to substitute the names in case of pending LC. So after ammendment is done then one has to apply for H1b extension am i right?
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Perhaps I was not clear. You CANNOT substitute name in pending LC without withdrawing it - if you do so - you will lose your PD(it will be a new petition for all practical purpose.) See my earlier reply to you - I have used bold letters for the case that you are talking about.

You need to file H1b extension without withdrawing pending LC.
 
Jharkhandi said:
Perhaps I was not clear. You CANNOT substitute name in pending LC without withdrawing it - if you do so - you will lose your PD(it will be a new petition for all practical purpose.) See my earlier reply to you - I have used bold letters for the case that you are talking about.

You need to file H1b extension without withdrawing pending LC.
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Do you have any link for that?

I remember reading somewhere that change in the beneficiary will not affect the Department's processing, but unable to find out the link.
 
tammy2 said:
Do you have any link for that?

I remember reading somewhere that change in the beneficiary will not affect the Department's processing, but unable to find out the link.
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Almost same is the case on my side too tammy2. I read it in Murthy forum a while ago.

But I will not disappoint you 100%. I will give you pointers and rationale.

Here is something which says what can be amended:

http://www.doleta.gov/regions/reg06/region6/pages/acu.cfm

Q. Can a Permanent Labor Certification Application Be Amended Before a Final Action is Taken?

A. ETA will amend employer information on a permanent labor certification application at any time prior to final adjudication of the application.


Why is it substitution not allowed in pending LC? Because beneficiary change is not amendment of LC petition! Rather it is change in very basic request - item 1,2 and 3 on ETA-750A and whole of ETA-750B. So basically the whole petition has to change!

P.S. Nice to see you getting active again. :)
 
I am confused again so J you are saying substitution of name in pending LC is not possible. So basically he can not obtain H1B extension :(
 
rachel123 said:
I am confused again so J you are saying substitution of name in pending LC is not possible. So basically he can not obtain H1B extension :(
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Sorry if I confused you. For you post 5 of this thread applies. Here is the link:

http://www.immigrationportal.com/showpost.php?p=1268817&postcount=5

Read the Murthy link from above post completely and esp the ones that I have made bold.

You get the proof of pending LC from DOL and make no attempt to substitute beneficiary name. Along with proof, you attach employers written intent of substitution.

Substitution will be done in 140 stage.
 
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