Help! regarding labor substitution

J

jxw35

Registered Users (C)
Hi, I am considering the labor substitution because the current labor processing in NJ is so disappointing. I consulted my company's lawyer, but he said in order to " use the approved LC, I would have depart the U.S. and no longer be authorized to work for my current company."

However, my friend told me that I don't need to leave US. I'm so confused.

Has anyone successfully done this before and be able to give me some direction? Where can I find the exact policy so I can persuade my lawyer that he is wrong? What are the requirements for using the substitution of labor? I want to make sure I am eligible for it before further action.

Thanks in advance for your help.
 
U can use that approved LC if:

a) your skills/education/exp. matches.
b) Job is same - (required qualification, skills, salary, # of hr's, location etc.)
3) Employer has not used that LC for I-140 (already for someone).
Note: If they have for c, then they need to inform INS and request to cancel the previuos application.

Check in other threads, they are so many people who have done in past with/without issues and that might help u in understanding the process....

I don't understand why your attorney/employer is telling u to reenter into US...It's not required as per LC portability......
 
jxw35,

You need not leave USA.

For understanding LC substitution in brief read my posting in " EB3 to EB2 change ".

Hope it will help.

People have done it successsfully.

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usnycus,

Company can do any number of substitution on LC till one person finally gets GC on the same.
 
I agree with Jharkhandi....

Company can do any number of substitution on LC till one person finally gets GC on the same..........Provided employer need to request INS to cancel anyl previously I-140 application based on that approved LC.
 
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