I-140 substitution

sunny2002

Registered Users (C)
My employer is ready to applly for I140/485 using a subsitute
approved labor. what needs to be same?

Should the position be the same?
or
should the salary be the same?
or
Should the education background be the same?

any other info pertaining the substitution of labor would be of great help.
thanks in advance,
VG
 
I agree with KavithaSama. All items must be exactly the same as mentioned on the labor cert (ETA form) or there might (will) be issues.
 
Labor substitution.....

Vermot_Goldie,

Using an LC cleared for another employee, is an accepted practice, and saves lot of time.

However there are some critical issues which should be looked at closely.

To be clear about this, try and get a copy of the LC.
The form # is ETA 750.

In the lower right hand corner, you fill find a small box, in which you will find a date, under 'S.O', this is known as the priority date,or the date when the LC was filed. This date is important.

In this form look at the following areas:

Item # 9: Name of the job title.

This is the job title, the employee is promised once he gets his immigrant status.

Your current title need not match this. If it matches it is good.

Item # 12: Rate of pay.

This is the promised salary after the GC.

Your current salary need not match. But the employer has to give a letter at the time of your GC interview that he is prepared to give you this salary.

Item # 14 State in detail the MINIMUM education,training and experience ..........

You should have the education qualifications, as on the date of filing of the LC( look at the actual wording ).

You should have the same or more experience as on the date of filing of the LC ( look at the actual wording ).

Item # 15 Other special requirements:

You should have fulfilled these special requirements, in one of your earlier jobs.


Raju
 
Raju,
Thanks for a very detailed info.
A couple of clarifications required...

The priority date is not relevant now since everything is current?

Job Title -- my position is entry + 1.
whereas the labor cleared is entry position.

Can you clarify whether that is fine.. and if you have known
someone who has obtained the GC with different position.

thanks in advance,
VG
 
Not Present

Importanr Point with labor cert subs is

At the time when labor was filed, You should have had the same experience and same degree that the original benificiary had at that time.

Example:

labor was filed on 12 dec 1999 with BS (Comp Sci) and 3 years experience

So if want to you this labor for yourself then on dec 12th 1999 you should have had 3 years of relevant experience and same degree.

Thanks,
Peter
 
Substitution Procedure ?

My labor is pending with SF dol (RD April 2002, EB2 RIR Software Eng).
My company recently got a labor approved for a person in the same position/group as myself who left the company after filing. What is the procedure involved in substituting labor? What are the risk / benefits? Considering my situation should I go for the substitution or wait for my labor.

Any advise from the gurus will be very helpful.
 
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