Labor substitution question - Gurus please help

A

aa2aa

Registered Users (C)
Hello,

My company applied for LC for guy A. Labor was approved and he filed 140 and 485 together. He left the company after 6-8 months and possibly carried his 485 with him to a new company. Can I use his labor for me?

Thanks.
 
Absolutely NO. If you want to waste your time and money you can but you won't get the benefit. I can understand if your employer wants to re-use it but I am surprised to know that even employees are ready to do such tasks.
 
So what are the legitimate cases where labor substitution can be done?
- For guy A, labor is approved but 140/485 is not. A leaves the company in less than 180 days after filing 140/485
- For guy A, labor is approved, 140 is approved, 485 is not. A leaves the company in less than 180 days after filing 140/485
- For guy A, labor is approved, 140/485 is not approved. A leaves the company after 180 days of filing 140/485
- Any other scenario
 
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