Labor substitution - complex case

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rdeep

Registered Users (C)
Someone in my company applied for his I-140 and it got rejected (the lawyer applied in EB2 when it should have been applied in EB3).

Now the lawyer is using his labor to apply for my I-140 in EB3 (labor substitution) and all my education and experience credentials match the original labor.

Not sure if the labor that has been used to apply for I-140 (and rejected) can be used again on other person.

What are the odds of my I-140 getting approved?
 
Originally posted by rdeep
Someone in my company applied for his I-140 and it got rejected (the lawyer applied in EB2 when it should have been applied in EB3).

Now the lawyer is using his labor to apply for my I-140 in EB3 (labor substitution) and all my education and experience credentials match the original labor.

Not sure if the labor that has been used to apply for I-140 (and rejected) can be used again on other person.

What are the odds of my I-140 getting approved?
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Yes your company reserves the ownership of an approved labor till a beneficiary's 140 is approved and a 485 is filled based on that approved 140.

In the case mentioned, the labor is still a 'virgin' and the company still owns it. It can be used for any of its employees.

The odds of getting 140 rejection is similar to the odds of any 140 getting rejected provided that your qualifications match the approved labor verbatim .

hth
dyno
 
Thanks for the reply.

Adding to the complexity is the fact that the guy whose labor I am using is still working in my company and he got his green card using the second labor approval he had.

Usually, I have seen that labor substitution is used only in cases where the person who had originally filed for labor leaves/laid off from the company, but this is not the case here.

Would this be a problem?
 
Originally posted by rdeep
Thanks for the reply.

Adding to the complexity is the fact that the guy whose labor I am using is still working in my company and he got his green card using the second labor approval he had.

Usually, I have seen that labor substitution is used only in cases where the person who had originally filed for labor leaves/laid off from the company, but this is not the case here.

Would this be a problem?
Click to expand...

The fact that the beneficiary is still with the company or not doesn't matter. I know of a case in which an employee abandoned the GC process after applying 140 since the employee decided to use CP through spouse. The company withdrew the 140 and used that LC for another employee while the the original beneficiary was still with the company.

hth
dyno
 
The only major problem that you should encounter (assuming that everything else is ok) is that you do not have the original LC (it was sent to USCIS when the first person applied for an I-140). I handle a dozen or so cases where the original LC was lost about 2 years ago and they were delayed for months.

s long as your attorney knows what s/he is doing there should be no insurmountable problems but there will be significant (I'd guess 6 months additional) delays.
 
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