Labor Cert - Transferability

S

sdtny

Registered Users (C)
Hi Guys,
I need some help here.
I am currently on the 7th year of H-1 ( one yr ext after elapse of 6yrs). Labor filed from NYC in May 02,did not receive an approval yet. Currently my company is not doing so good, i have managed to survive so far but if company goes out of business and atleast i get labor approval before that will I be able to transfer that to a different company if I get another job ? what is the procedure to do so ? does that company have to have an LCA (one b-4 H-1B) ? will that company be able to file my I-140 & I-485 ? & will I get the subsequent H-1B renewals if necessary ? Anybody's comment on this situation will be of great help to me and I will be able to chalk out a contingency plan for my self.
Thanks
SDT
 
Labor Certification is not transferable. If your company is bought by another company then it will be ok. But if they close then you are in soup. If you know any other company which already has a approved LC for a similar position then transfer your H1 -B to that company apply for I-140 and I-485 from that company using the pre approved LC. This is called as Labor Substitution.
Check the forum for other users who have used Labor Substitution.
I think Naanshi has used labor substitution.

HTH
 
Thanks Hathwar

Hathwar thanks for the info. I will have to on the look out for that now.

Thanks again
SDT
 
One more question

Hi Hathwar,

Do you think my H-1B now when i am in the 7th year is transferable for a labor substitution ? Is that possible if i find a company ? Is my H1B transferable if a company has an approved labor in a similar skills category & can this be done in a different state or it has to be within the same state (NY) ?

thanks
SDT
 
sdtny

As long as they a LC from which ever state they are it should be OK.
Also I forgot to mention in my earlier post, When you use Labor Substitution to file 140 please make sure from your attorney that you will meet all the requirements ( like experience, field of work, education etc ) in the approved LC otherwise you will end up getting a denial for your 140.
If you dont have a 4 year degree from India and the LC says they need a BS degree for the job attach the education evaluation done by some reputed company which USCIS is comfortable with. I have seen many people getting denials on this issue alone.

HTH
 
hathwar said:
As long as they a LC from which ever state they are it should be OK.
Also I forgot to mention in my earlier post, When you use Labor Substitution to file 140 please make sure from your attorney that you will meet all the requirements ( like experience, field of work, education etc ) in the approved LC otherwise you will end up getting a denial for your 140.
If you dont have a 4 year degree from India and the LC says they need a BS degree for the job attach the education evaluation done by some reputed company which USCIS is comfortable with. I have seen many people getting denials on this issue alone.

HTH
Click to expand...

Can somebody tell me if volunteer work (unpaid work) can be used as work experience while filling for I140 with pre approved labor. It is going to be a substitution case.
 
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