Labor substitution cases approved?

S

saravanans

Registered Users (C)
Friends,

Anyone filed for I-140/485 and got it approved after using pre-approved labor?

How do we know that the BCIS has accepted our labor certification substitution case? Please let me know how long we have wait initially to get that confirmation?

I am getting an offer with pre-approved labor and it almost matches my skills set. I am in a dilemma whether to accept it or go ahead with filing my own labor ( with Chicago ). Which one should I take?

Please share your thoughts.

Thanks,
Sar
 
I used a SUB-LC

I used a SUB-LC for my I-140 in VSC . Got approved few days ago.

There are lot in this forum did use SUB-LC and have approvals form Service centers.

So I have seen NO problem in approving SUB-LC cases if at all you match (90-95%) the Educational and Experience and JOb duties of the person mentioned in Original LC from Labor Dept.

Read the original LC and match to your qualifications and decide, and get your attorney word on using 100% OK to proceed for I-140

Good Luck.
 
Important thing in LC substitution is ..

Your sponsoring company should have the original LC approval notice. if they I-140 will be applied with a photocopy of Approved Labor and BCIS will to request DOL( while process begins on your application, after an year I guess ) to send the original back to BCIS. This can easily take another six months to an year.

Don't waste time and money if you are not deperate ..or six years expiring ...
 
Hi

Going by the processing timeline at VSC, I would recommend you to opt for a Labor Substitution.

Let me tell you about my case:

My company substituted a pre approved labor petition and I filed for my substitution along with I140 & I485 on 8th May.

On June 18th I got my EAD approval
On June 24th I got my Advance Parole approval
On July 14th I got my I140 approval.

I was surprised to see my I140 approval in 65 days & when I checked with my company attorney he mentioned to me that the labor petition which I used for my substitution already had a I140 approval. So when BCIS processed this case my current skills, experience & salary matched with the approved labor and since the approved labor had an approved I140 it helped me to get an 140 approval once the substitution criteria is met.

I hope this information helps.

If you have any questions let me know.

Good Luck.
 
Congts tamilpayyan:


In my case I 140 was approved for somebody later he left company.

I am using that Labor Certificate. My company applied for my I 140. But it has been more than 13 months I it hasnot been approved.
However I got EAD and AP.

Nothing is sure in VSC.!!!
 
140_when?

Thanks.

FYI, the approved labor which I used had an approval date of Jan 2001 which means its pretty old.

More over my company still has more than 1000 employees and makes good turn over (130 million for 2002).

May be these factors contributed to my favour.

Good Luck.
 
Mine is also a substitute one

140 RD 10/15/2002
140 AD 07/14/2003

EAD RD 01/18/2003
EAD/AP AD 07/16/2003
 
I have used sub. labor,My 140 approved three weeks back.

RD: 12/13/2002
RFE:03/24/2003 (Company financials)
AD: 07/09/2003
 
tamilpayyan

IF you going on substitute labor with already approved 140 then 1st comany has to submit the request to withdraw thr approved 140 and then submit your application. Do't know how your lawyer made your statement , but consider your self lucky that u got approved in 65 days cause normally if a 140 is already approved on a labout and u file a second one INS will deny the second 140 or will issue RFE.
 
ghost-rider,
My case is similiar to tamilpayyan. It has been more than a year my I 140 is pending. I 140 was already approved for somebody else later he quit company. However I got EAD and AP. I used AP for travelling as well.

But company didnot revoke previous I 140. Lawyer didnot mention anything. Once I read your post I contaced lawyer he told me I dont have to worry about. These days I dont believe my lawyer. Please give me suggestion. What I am suppose to do. Ask company to revoke old I 140 ? Doest it delay my I 140 processing?
 
I agree with ghost-rider

I Agree with 'ghost-rider'

I have read some threads on this FORUM where BCIS issued RFE to submit evidence to prove that company with-drew the I-140 filing petition applied with same LC which has been used in current I-140 case.

I wondered how BCIS works in this type of situations. Some times they overlook ...

An Attorney/ senior members has to answer !!!

Will a second I-140 approval on same LC being used before cause any problems in future during I-485 processings?
 
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