How to get Substitute Labor?

G

GC_GoneCase

Registered Users (C)
Hi GC Guru's,
I have seen a lot of threads about substitute Labor. However, I have not seen and do not know what are the ways by which a person can get substitute labor.
1. Does the substitute labor has to come from the company sponsoring the GC?
2. Is there any way by which a person can transfer the labor from one company to another company?
3. What are the options for a person to find a substitute labor e.g. apply and talk to new employer about the substitute labor, what if they do not have one, any other way to acquire it etc.?
4. What principles should be used to apply against a substitute labor to avoid future complications in GC processing?

Can someone help please?
 
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1. Does the substitute labor has to come from the company sponsoring the GC?
Yes. Usually it happens when employer applied for LC for a position and for some reason beneficiary mentioned is not available to use it. Employer can use previously approved LC to sponsor other qualified candidate(s).

2. Is there any way by which a person can transfer the labor from one company to another company?
No. It belongs to the Employer.

3. What are the options for a person to find a substitute labor e.g. apply and talk to new employer about the substitute labor, what if they do not have one, any other way to acquire it etc.?
Basically you have to be lucky to find an employer who has approved LC and he/she is WILLING/ABLE to apply for 140, you as a beneficiary. Employer can't acquire that, if they don't have then they need to apply for it.

4. What principles should be used to apply against a substitute labor to avoid future complications in GC processing?
You need to have the min. requirement (education/experience etc.) as mentioned in approved LC when it was applied. Also make sure employer is capable of supporting the petition. Try to get copy of approved LC (750A/B) and make sure you have matching skill/qualification/education.
 
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The reason one uses substituted labour is, it eliminates the time for your LC approval. In some places it takes close to two to three years for just LC approval alone. No fool want to waste time, if substitute LC available.

You must have matching skills/education/experience/qualifications that exactly match speacified in susbstitute LC.
 
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