Labor Certification Substitution

Z

zafarazeem

New Member
Hi,

I need some help on how to proceed with. I am going to join a company which has said that it will give me a pre approved labor because one of their employees has left the company. My 6 years stay in U.S ends in December. So i have only 4 months left. The new company will be filing for my 7th year extension this month end. One of the HR people is telling me that i need to have at least 6 months left in my 6 years to transfer the approved labor to me and file I-140/485. Is this the right information what the HR is telling me. Please advice.
 
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zafarazeem said:
Hi,

I need some help on how to proceed with. I am going to join a company which has said that it will give me a pre approved labor because one of their employees has left the company. My 6 years stay in U.S ends in December. So i have only 4 months left. The new company will be filing for my 7th year extension this month end. One of the HR people is telling me that i need to have at least 6 months left in my 6 years to transfer the approved labor to me and file I-140/485. Is this the right information what the HR is telling me.
...As far as I know, that's not correct.

Please advice.
... Ask them to file I-140/485 right away. You don't need to wait for even a day if LC is already approved & you are eligible.
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Substitution and 7th year

zafarazeem said:
Hi,

I need some help on how to proceed with. I am going to join a company which has said that it will give me a pre approved labor because one of their employees has left the company. My 6 years stay in U.S ends in December. So i have only 4 months left. The new company will be filing for my 7th year extension this month end. One of the HR people is telling me that i need to have at least 6 months left in my 6 years to transfer the approved labor to me and file I-140/485. Is this the right information what the HR is telling me. Please advice.
Click to expand...


You can apply for 7th year based on the substitute lc. But application has to be filed before your 6year H1 expiry date. LC can be substituted for people who are even not in USA because GC is for future employment .... so the 6 months theory is wrong. Ask the HR for an opportunity to have a meeting or conference call with HR and attorney and get things clarified.
 
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