Labor Subsitutions

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shail_gya

New Member
All,
I am in USA on valid H1 status since Mar 15 1999, USA. My GC process was underway when I got laid off and LC was approved about 1 month after being laid off. I was able to get a job within 1 week of being laid off and maintained my H1 Status all along.
Now I will appreciate if you can provide your inputs/Advise on followings

1. Can I request and Use my Old Employer's approved LC to file for I-140/485 through my new employer.

2. Can I use Approved LC of one company assumimg that skill set/postion/Salary everything matched to file for I-140/485 through other company.

3. My New employer has filed for my labor LC under
RIR from Chicago,IL and my Pay Stub shows their IL address but as a backup I want to file for LC from New Hampshire also, my current work location. They have 25-30 Consultants working at this location,So just wanted to know what are formalities my current Employer need to fullfill before they can file for my LC from here.
Your early reply helps me as if need be I can file another backup labor from NH before I fall under 365 day window(Mar,15 2005) for 7th year H1 extension.

Thanks
Shailu
 
Last edited by a moderator:
All,
I am in USA on valid H1 status since Mar 15 1999, USA. My GC process was underway when I got laid off and LC was approved about 1 month after being laid off. I was able to get a job within 1 week of being laid off and maintained my H1 Status all along.
Now I will appreciate if you can provide your inputs/Advise on followings

1. Can I request and Use my Old Employer's approved LC to file for I-140/485 through my new employer.

----- NO you cannot use past employer LC to file I-140 through new employer, but if you have good relations with past employer then you can request him or enter a deal that you will join him after GC or convince him to file your I-140 and I-485, EAD and AP, only past employer can help you or you have to start from the LC with new employer
2. Can I use Approved LC of one company assuming that skill set/position/Salary everything matched to file for I-140/485 through other company?
------ YES that is called labor substitution and you should meet all education, exp written on the approved LC before the date LC was filed, go to good lawyer with the copy of approved LC and all your education documents, EXP letters then lawyer may be able to evaluate if you can use that LC for substitution
3. My New employer has filed for my labor LC under
RIR from Chicago, IL and my Pay Stub shows their IL address but as a backup I want to file for LC from New Hampshire also, my current work location. They have 25-30 Consultants working at this location, So just wanted to know what are formalities my current Employer need to fulfill before they can file for my LC from here.

------- your company lawyer knows better please seek his advice


Your early reply helps me as if need be I can file another backup labor from NH before I fall under 365 day window(Mar,15 2005) for 7th year H1 extension.
 
Ginnu ,

Your Input is highly appreciated and will act accordngly after consulting Lawyer/comapny. As for as reponse to Item#2 is concerned just I wanted to be more clear

2. Can I use Approved LC of one company assuming that skill set/position/Salary everything matched to file for I-140/485 through other company?
------ YES that is called labor substitution and you should meet all education, exp written on the approved LC before the date LC was filed, go to good lawyer with the copy of approved LC and all your education documents, EXP letters then lawyer may be able to evaluate if you can use that LC for substitution

Shailu : Can I use approved LC of Company A to file I-140/485 etc through company B? I understand that LC is employer specific
but I heard that in certain cases it may be used? If not then I guess I have no choice but to go ahead and file I-140/485 with company A as Future employer and keep on working(Maintain H1 Status) with my current employer who filed my LC recently that will give me ability to file for 7th year extension..
Thanks

Shailu
 
Last edited by a moderator:
Shailu : Can I use approved LC of Company A to file I-140/485 etc through company B?

---- NO, only you can use company A LC if company A files I-140
I understand that LC is employer specific
---- You are correct
but I heard that in certain cases it might be used?

--- Same company can use the LC for other employee in same company


If not then I guess I have no choice but to go ahead and file I-140/485 with company A as Future employer and keep on working (Maintain H1 Status) with my current employer who filed my LC recently that will give me ability to file for 7th year extension..

-- Request company A to file I-140 and I-485 (that is filed by you), EAD, AP and maintain H1B status with company B and as back up let company B also start new LC for you
 
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