Help regarding sub labor - urgent

R

rbalasub

New Member
Hi,
I am on an L1 now and my 5 years is getting over on Feb.2005, my company(the same company with which i am working) is ready to file a sub labor for me. My wife, she is pregnant (due on April 2005) and can not travel after December(my original intention was to go back on December).
My question is :
My company is ready to file a sub labor(Pre Approved labor) for me and wants to file I-140 and I-485(immediately) concurrently and get the EAD for me to work here.
Will there be any problem with my processing and whether i may be asked to leave after the month of December(in which case i cannot travel with my wife after December), i am confused whether to proceed further or just pack up and go during December.
Any advice in this matter is greatly appreciated.

Thanks,RB
 
Can somebody please advice me on the same, i am very desparate.
Say, In case if my 140 and 485 is filed with in another 10 days(based on a pre approved labor), will i get to know if my 140 is rejected or any status before January middle, so that in case if it is rejected i can leave atleast by jan. middle with my wife .

I am very much new to all this process, can some one please let me know what can be done pertaining to my case.

Thanks,RB
 
Pre-approved labor

1. You cannot know the decision for I140 and/or I485 by 3-4 months
2. Once you file your I140/I485, you are in adjustment of status which
means YOU ARE IN status
3. There is nothing like a rejection for I140; BCIS has to send an RFE if
there are any issues and you can respond with the help of a competent
lawyer, thereby buying some time.
4. On the other hand, I don't know if one can go for a pre-approved labor
while on L1.

Please consult a good, competent attorney who won't screw up your
application AND then go for pre-approved labor.

Good luck.
//
ps: How about filing I140/I485 by December, so, you can buy a good amount of time!
 
rbalasub said:
Hi,
I am on an L1 now and my 5 years is getting over on Feb.2005, my company(the same company with which i am working) is ready to file a sub labor for me. My wife, she is pregnant (due on April 2005) and can not travel after December(my original intention was to go back on December).
My question is :
My company is ready to file a sub labor(Pre Approved labor) for me and wants to file I-140 and I-485(immediately) concurrently and get the EAD for me to work here.
Will there be any problem with my processing and whether i may be asked to leave after the month of December(in which case i cannot travel with my wife after December), i am confused whether to proceed further or just pack up and go during December.
Any advice in this matter is greatly appreciated.

Thanks,RB
Click to expand...

You are lucky that your employer is considering using a pre-approved labor. You should consider filing I-140 and I-485 concurrently as fast as possible.

With I-485 filed, you are legal to remain in US.

Now the second part is to get EAD. Most likely, you should get EAD in 90 days. If you are unlucky, dont worry. You can set up an appointment with local INS office, and get an interim EAD from them. It is valid for 240 days. Once you have EAD you should be fine.

The only thing you have to check now is to see whether you met all the requirements of the approved LC as of the original LC filing date.

Best of luck! :)
 
rbalasub said:
Can somebody please advice me on the same, i am very desparate.
Say, In case if my 140 and 485 is filed with in another 10 days(based on a pre approved labor), will i get to know if my 140 is rejected or any status before January middle, so that in case if it is rejected i can leave atleast by jan. middle with my wife .

I am very much new to all this process, can some one please let me know what can be done pertaining to my case.

Thanks,RB
Click to expand...
There is no way in the world some one is going to get a decision about I-140 in such a short time. It is long haul. Expect 1 - 2 yrs for the decision!

The only place that have fast approvals are EB2 cases at CSC; and they seem to have discontinued that practice.
 
Thanks everybody for your response. I am talking with my attorney and she is helping me out to understand the process.I will be updating my status.
Thanks again y'all...
 
Even if, God forbid, it happens that they intend to deny your I-140, you can appeal against the decision. The decision usually takes anywhere between 6 months to 1 year. During that time, you are in status. So file your I-140 and I-485 concurrently and you should be fine.

-Honeybee
 
honeybee said:
Even if, God forbid, it happens that they intend to deny your I-140, you can appeal against the decision. The decision usually takes anywhere between 6 months to 1 year. During that time, you are in status. So file your I-140 and I-485 concurrently and you should be fine.

-Honeybee
Click to expand...

If there is a chance of denial of the I-140/I-485, it may make sense to file another LC as a backup.
 
Using a Labor Sub - carefully.

Hello guys:

I am new to this forum, and you guys are great at handling/solving situations. I am also trying to use a pre-approved Labor Cert from a company XYZ. I have to transfer my H1B to XYZ first. I have a few questions, if you can please try to answer.

1. Lets say I transfer my H1b today - how early can I file for my I-140 and 485 ? Is there a timespan I should be having in between to avoid a RFE ?

2. Now a very broad question - What are the precautions I should be taking to avoid being fooled or taken advantage of ? What papers I should be verifying ?

3. Lastly I have read a lot of cases where the attorney messes/screws up the I-140/485 (some cases purposely) procedure. How can I avoid this from happening to me ? How can I confirm if this attorney is doing what he says ?

thanks guys.
 
msd_gc said:
Hello guys:

I am new to this forum, and you guys are great at handling/solving situations. I am also trying to use a pre-approved Labor Cert from a company XYZ. I have to transfer my H1B to XYZ first. I have a few questions, if you can please try to answer.

1. Lets say I transfer my H1b today - how early can I file for my I-140 and 485 ? Is there a timespan I should be having in between to avoid a RFE ?
>>>> I don't think there is any timespan between joining the company and filing 140/485. As GC is for future employment you can file I140/I485 even without joining the company.

2. Now a very broad question - What are the precautions I should be taking to avoid being fooled or taken advantage of ? What papers I should be verifying ?
>>>> Get the pre-approved labour examined by a lawyer to check whether the education and experience requirements on the LC match your education and experience.

3. Lastly I have read a lot of cases where the attorney messes/screws up the I-140/485 (some cases purposely) procedure. How can I avoid this from happening to me ? How can I confirm if this attorney is doing what he says ?

>>>> Most of the times you don't have too much of control over what the attorneys do. Only thing you can do is ask them to send you a copy of all the documents and forms they send to INS.

thanks guys.
Click to expand...
 
Hi All

I am new to this form. I am also victim of H1B 6 years limit. I want to go for labor substitution. will you please clarify me following doubts:


1.LC which I am going to use require only Bachelors and 2 years of experience. I have Bachelors (3 years from india) and masters (2 years from india) in computerscience and have 3 years experience. will it be any problem using this LC?

2. In LC under experience, previous IT guy mentioned 10 years of experience. where as I have only three years of experience. In LC under job offer require (14 th column) only 2 years of experience.will it cause any problems in my I140/I485 stages?

3.which is my priority date? is Lc (sustituted) filed date or I140 filed?

4. Can it be possible to change employers after 180 days passed and I 140 approved (luckily) in labor substitution cases?


I appreciate your information. Thanks in advance.
 
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