Is my employer bluffing

T

turumkan

Registered Users (C)
Hi All,

My employer is using substitute labor processing and applying for I140. Two weeks ago, he called and mentioned that the I140 form has been applied..

Today, he called to inform that the DOL sent a query regarding experience letter and wanted more details. Also, he said that DOL is looking for last 6 months pay stubs!!!

When I mentioned why DOL was involved in I140, he told that to apply for I140, we need an endorsement from DOL for reusing labor certification!!

Is this true or is he just bluffing..

Regards,
 
Labor Substitution procedure

From what I have gathered, for Labor Substitution you don't need to interact with the DOL at all. All that is needed is for the ETA 750 B form to be filled for the "Substituter" and attached with the approved ETA 750 A, B (which would have been stamped by DOL after Labor Certification) and submitted along with the I-140 and I-485 (depending on whether you are filing concurrent). The BCIS then decides if the "Substitution" is possible based on Educational Qualifications and experience as stated in Column 14 of ETA 750A (basically if it is a qualified replacement)

The way you are describing your situation, looks like just a regular Labor Certification was filed and appears that the DOL is asking for the experience letter and paystubs. Also why did you not choose the concurrent route and file the 485 with the 140, that way you could have gotten things going parallely.

Hope this helps
Winner

P.S: Got a new word into the lexicon "Substituter". You gotta invent something for having been on this planet :)
 
Last edited by a moderator:
It doesn't sound correct.

Whether its regular or substitue labor, my question is, why does DOL require your last 6 months' paystubs?

Labor process involves just your employer and its a process of eliminating the suspicion that your employer is not stealing american job and giving it you - that's all.

I dont' know where you come into picture otherthan providing your edu. qualifications and job description.
 
Dear Friends,

My employer (SOB) is just bluffing.. He is delaying the process thats all.. He is just diverting the issue by asking for 6 months paystub and other BS. I feel like kicking this guy right in the back..

Also, he does not want to file concurrently too!!

Also, he never allows me to talk to the attorney directly(sucks!!)

Stupid SOB!!

Anyway, I shall still send the 6 months paystub since I cannot confront him directly..

Thanks to you all..
 
I can understand your situation turukman. I am more or less in the same situation as you are. In my case, the attorney himself is making me run around (he is company' attorney and I have to go thru him). He has said that he has applied for my 140, but refused to give me the receipt #. Refuses to file 485 saying it is "company policy" not to apply concurrently. Whenever I talk to him, i really and trully feel like kicking him right up ....:mad:

anyway, hope for the best and hang in there..
 
This is true that the Lawyer needs a DOL Endorsement, I too had to go through this procedure, but am not sure with the Pay stubs... probably somebody is trying to be extra care...


Thanks

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Your Quote!

When I mentioned why DOL was involved in I140, he told that to apply for I140, we need an endorsement from DOL for reusing labor certification!!

Is this true or is he just bluffing..
 
question for me_too_waiting

Hi me_too_waiting,

You are the only one online and offline that told me that a DOL endorsement is necesssary!!!!!

I checked with lot of people offline and not even one mentioned that DOL is anyway concerned with substitute labor!!

Can you give me some more details on this process.
I am concerned because my employer is saying that it is kind of like RFE from DOL and hence he requires 6 months paychecks!!

Regards,
 
Hi,
Yes, it was true that my lawyer had indicated about this Endorsement process, frankly speaking, I have no idea on what was the process, since he himself had taken care of that (probably he may also have taken some papers from my employer...)

But certainly he didn't ask anything about payslips.
BTW another friend of mine, who also used substitute labour did also mention to me about the endorsement, and he was utilizing a different lawyer.

Hope this helps!

Thanks
 
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