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Post AC-21 Labor Reusability/Substitution Question
Gurus,
I have a followup question on this.
Chat User : Thanks for the great service, Murthiji. Can an employer substitute the labor of a person who left the company after 180 days, whose I-140 has been approved and I-485 is pending, to another person?
Attorney Murthy : The employer is allowed to do that, but there is a risk for the new employee using the earlier-approved LC since the USCIS is only allowing one person to use the LC so that, if the original person obtains the I-485 approval, then the new person / employee will get nothing and would have wasted valuable time and money for no purpose. It is always safer to use a new LC that has never been used to avoid such a negative consequence. Before AC21, the employee would get nothing if s/he left before obtaining the green card. Now, both parties can try, but it is sort of like a race with the person reaching the finish line first winning and the other person getting nothing!
In case some one like me who is stuck in name check leaves the GC sponsoring employer and the employer tries to use the labor for someone else by filing 140/485, and that person is able to adjudicate before me, what are my options?
Will sending in AC-21 documentation pre-empt the employer from using the labor to someone else?
Gurus,
I have a followup question on this.
Chat User : Thanks for the great service, Murthiji. Can an employer substitute the labor of a person who left the company after 180 days, whose I-140 has been approved and I-485 is pending, to another person?
Attorney Murthy : The employer is allowed to do that, but there is a risk for the new employee using the earlier-approved LC since the USCIS is only allowing one person to use the LC so that, if the original person obtains the I-485 approval, then the new person / employee will get nothing and would have wasted valuable time and money for no purpose. It is always safer to use a new LC that has never been used to avoid such a negative consequence. Before AC21, the employee would get nothing if s/he left before obtaining the green card. Now, both parties can try, but it is sort of like a race with the person reaching the finish line first winning and the other person getting nothing!
In case some one like me who is stuck in name check leaves the GC sponsoring employer and the employer tries to use the labor for someone else by filing 140/485, and that person is able to adjudicate before me, what are my options?
Will sending in AC-21 documentation pre-empt the employer from using the labor to someone else?
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