Labor certification question

[yudhister]

Hi all
My company has a labor certificate which was filed in 2001 and approved in end 2001. Unfartunately the employee left. Can that labour certificate be used for substitute LC or will there be any expiration date for the labour certificate.

 

[Explorer19]

Hi yudhister

There is no expiration date for a certified labor. It belongs to the employer who applied for it and it belongs to a position.

It can be substitued for any other person as long as the employer is willing to and also YOU must fulfill all the education, experiance and job duties exactly as stated in the labor certification as on the date when the labor was filed.


For u info: My company used Labor substitution for me and my I-140 also got approved. My I-485 is pending currently

Hope this helps

 

[tammy2]

Explorer19: consider this scenario:
I am with employer A and emplyoer B has an approved Labor certification (for someone else who's no longer iwth the employer B) which will be used for "Labor Substitution" for me.
Now, I do not leave the employment of A but have B file for I140 & I485 without filing for EAD OR AP. My question is how long can I remain employed with Employer A without switching over to employer B?
Can an EAD and AP application be filed at a later date?

Thanks!

Theoretically You need to join once you get the GC approval. But BCIS officers expects you to join once you get your EAD. There is no matter even if you do not join. You can use AC-21 to stay with Employer A.
So final answer is you can do any thing you wish but with only condition have same or similar job and Salary.