I140 and Substitute Labor Certification

RoaringBull

Registered Users (C)
Hi

Does any one know what are the reasons why I140 can be / has been rejected for LC substitute cases ?

Any experiences, thoughts!
 
RoaringBull said:
Well, what is the success rate of the LC substitute cases in general ? Assume the above criteria is met.
Substitute labor is not a big deal. As long as the qualifications match and the labor has not been approved too many years back, everythng should work out. My company (a indian body shopper) does that a lot. My case is also a labor substitution. My case has not been approved, but several friends from my company have got theirs approved on substitue labor.
 
dazzling said:
Substitute labor is not a big deal. As long as the qualifications match and the labor has not been approved too many years back, everythng should work out. My company (a indian body shopper) does that a lot. My case is also a labor substitution. My case has not been approved, but several friends from my company have got theirs approved on substitue labor.

Coming to the "approved too many years back", is there an expiry time for the LCs ? How many years old LC can be taken as a safe one. I know the latest will be the best, but what I mean is how long we can go back to as a safe one?
 
There is no expiry date for a approved LC. The only issue with a very old LC is that the person for whom this will be substituted should have those experience and qualifications matched on the date the LC was filed. This sometimes becomes little difficult.

For Example: If there is a LC which was approved in 1998 for a candidate with MS or BS plus 5 years, then if it has to be used today for another individual XYZ, this XYZ should have had MS or BS plus 5 years as of 1998. Hope this answers your question.

Otherwise, there are no risks involved.
 
an_anonymous said:
There is no expiry date for a approved LC. The only issue with a very old LC is that the person for whom this will be substituted should have those experience and qualifications matched on the date the LC was filed. This sometimes becomes little difficult.

For Example: If there is a LC which was approved in 1998 for a candidate with MS or BS plus 5 years, then if it has to be used today for another individual XYZ, this XYZ should have had MS or BS plus 5 years as of 1998. Hope this answers your question.

Otherwise, there are no risks involved.
The other thing is if the labor is approved in 1998 with a designation X, then the person with same qualifications as of 1998 but having the same deisgnation 6 years down the line .. it is a little difficult to swallow. I am not saying that it will not work out, but may require more documentation and scrutiny.
 
ablity to pay is very important

ability to pay plays crucial role. The company has to show that they had money to pay the LC salary from the day it was filed to the current. For example LC salary is 65K, and the current date when I140 is taken up for processing is 5 years after the LC was filed; the required amount in the form of assets, income etc.. should be greater than 5x65k=325k.

I am finding the similar situation for Future GC (labor approved in my name) concept in my case where we need to show 2 years worth of salary.
 
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