Hello,
I have read following from Immigration-law.com website.
"DOL Certififying Officer Level: Employee can be substituted inasmuch as the Certifying Officer has not completed adjudication. The procedure is similar in that the employer requests the Certifying Officer to return the ETA 750 to amend the alien information. However, unlike the amendment at the State level, amendment of job description or qualification requirement is not available. The substituting alien must prove that on the date of initial filing of the labor certification on behalf of the substituted alien, which is called "priority date," he/she met all the requirement which were specified in the initial application."
Is it true?
My company has filed labor and it is at DOL level for one of the employee and the employee got laid off. labor is not approved yet. company want to use it for me. Is it possible to substitue labor at DOL level for me or Do I have to wait until its approval at DOL and then substitute.
I have read following from Immigration-law.com website.
"DOL Certififying Officer Level: Employee can be substituted inasmuch as the Certifying Officer has not completed adjudication. The procedure is similar in that the employer requests the Certifying Officer to return the ETA 750 to amend the alien information. However, unlike the amendment at the State level, amendment of job description or qualification requirement is not available. The substituting alien must prove that on the date of initial filing of the labor certification on behalf of the substituted alien, which is called "priority date," he/she met all the requirement which were specified in the initial application."
Is it true?
My company has filed labor and it is at DOL level for one of the employee and the employee got laid off. labor is not approved yet. company want to use it for me. Is it possible to substitue labor at DOL level for me or Do I have to wait until its approval at DOL and then substitute.