Labor Substitution - Need help

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CT123

Registered Users (C)
Hi,

How does the labor substitution process work. Has any one tried this before. I have been told that the information on the previously approved labor should match my credentials. What are the information that should be matched and to what extent.

In my case, I already have a labor certification pending for almost 2 years at the DOL. Recently received a NOF for the same. I am already into my 7th year H1 extension (still pending) based on this labor cert. Is it possible at all to go for the substitution method, if yes how does it impact my case.

Gurus please advice.

Thanks
 
Originally posted by CT123
Hi,

How does the labor substitution process work. Has any one tried this before. I have been told that the information on the previously approved labor should match my credentials. What are the information that should be matched and to what extent.

In my case, I already have a labor certification pending for almost 2 years at the DOL. Recently received a NOF for the same. I am already into my 7th year H1 extension (still pending) based on this labor cert. Is it possible at all to go for the substitution method, if yes how does it impact my case.

Gurus please advice.

Thanks
Click to expand...

You have a peculiar situation. You have already availed yourself
the 7th year extension based on a pending LC in your name.

Now you have an LC obtained for someone else, hopefully from the same company with which you work, that is being offered to you.

You will need to research on this issue or talk to an Immg. attorney.

Apart from this labor substitution is a common enough practice
and I am speaking from personal experience. Mine was a LC
substitution case.

Basically, your educational qualifications, experience profile and
period SHOULD match the details in the LC , AS ON THE DATE OF
FILING THE LC.

This is what the INS looks at in deciding the cases. So, get a copy of the LC that is being offered to you and see whether it
matches with your profile.( As on the date of filing!)

Raju
 
Thanks Raju for your prompt response.

From your reply:

"Basically, your educational qualifications, experience profile and
period SHOULD match the details in the LC , AS ON THE DATE OF
FILING THE LC"

Does it mean that:

1. For eg. if the original pre-approved labor has BS + 5 years exp., should I also have "EXACTLY" BS + 5 years as of today and not anything less or more

2. By experience profile does it mean the skill sets (c++, unix etc.). But some of the LC's do not have specific information on them

3. What does it mean by "AS ON THE DATE OF FILING THE LC"

And yes, my H1 extension is now a big question mark in case I apply for the substitution. Any one in similar situation please share your experience.

Thanks
 
Originally posted by CT123
Thanks Raju for your prompt response.

From your reply:

"Basically, your educational qualifications, experience profile and
period SHOULD match the details in the LC , AS ON THE DATE OF
FILING THE LC"

Does it mean that:

1. For eg. if the original pre-approved labor has BS + 5 years exp., should I also have "EXACTLY" BS + 5 years as of today and not anything less or more

[ Your educational qualifications should have been BS or above,
and your experience should have been 5 years or above, as on
the date the LC was filed ( Not the approval date ) ]

2. By experience profile does it mean the skill sets (c++, unix etc.). But some of the LC's do not have specific information on them

[ Yes. The skill set. If the position required 5 years of work experience as Unix administrator, then you should have had
5 years of experience as Unix admistrator to be qualified for that
job ]

3. What does it mean by "AS ON THE DATE OF FILING THE LC"

[ As above. They equate the education and experience as on the date of filing of the LC .

Ex: Assume the LC you are proposing to use was filed on
1st Jan 2002. Then INS would look at your edu + Exp on
1st Jan 2002].

And yes, my H1 extension is now a big question mark in case I apply for the substitution. Any one in similar situation please share your experience.

[ Read today's news bulletin from Sheela Murty's website. There is
a mention of allowing 7th year extension to substitute candidates also. ]

Thanks
Click to expand...

My responses in brackets.
 
Hi Raju,

Thanks a bunch for the update.

One other question was about salary, which I missed in my last email.

Does the same matching logic apply to salary also (i.e. it should be equal to or greater than that was on the labor appl. at the time of filing)

Thanks
 
Originally posted by CT123
Hi Raju,

Thanks a bunch for the update.

One other question was about salary, which I missed in my last email.

Does the same matching logic apply to salary also (i.e. it should be equal to or greater than that was on the labor appl. at the time of filing)

Thanks
Click to expand...


The salary that you were drawing , drawing now can be less than
the salary mentioned in the LC.

But the employer should agree to pay the salary mentioned in the
LC , which is payable only after you get your immigrant status.

If by the time you go the interview, your salary is more than the
LC salary, then they would mention that salary as the one payable.

While deciding on the I-140 they never question how much you
are currently making. They may however look at, whether or not
the company is capable of paying the promised salary once the
Immigrat status is granted.



Raju
 
Last edited by a moderator:
LS should be a common case. Mine is also a LS case. You should do it if you have the chance. Take it easy and talk to whoever is taking care of your case. You should be fine.
 
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