Labor Substitution - to do or not to do!

[gary01_01]

Hi All,
I work for one of the large IT companies in US, i have about 3 years left on my H1. My current company filed my GC this year (Jan 2006) EB3 Labor is approved and 140 is in process. Looking at current processing dates im assuming it will take another 5.5 years to file for 485 this way.

I have two job offers, first offer is from a company that will process GC in EB2, looking at current processing dates it looks like it will take about 4 years this way to file 485.

The second job offer is from a company which is another large size IT company, they are claiming they have some pre-approved labors which they are willing to substitute. I don't have the details of the labor yet, but will know more in about a week. What do i need to check for in the pre-approved labor ? How can i make sure that the labor is good? is there any way i can make sure i don't get into trouble with job description/exp etc? How safe is it to go for labor substitution given my quite comfortable situation?

Thanks.

 

[spring05]

Hi All,
I work for one of the large IT companies in US, i have about 3 years left on my H1. My current company filed my GC this year (Jan 2006) EB3 Labor is approved and 140 is in process. Looking at current processing dates im assuming it will take another 5.5 years to file for 485 this way.

I have two job offers, first offer is from a company that will process GC in EB2, looking at current processing dates it looks like it will take about 4 years this way to file 485.

The second job offer is from a company which is another large size IT company, they are claiming they have some pre-approved labors which they are willing to substitute. I don't have the details of the labor yet, but will know more in about a week. What do i need to check for in the pre-approved labor ? How can i make sure that the labor is good? is there any way i can make sure i don't get into trouble with job description/exp etc? How safe is it to go for labor substitution given my quite comfortable situation?

Thanks.

You need to make sure you meet minimum labor qualifications (education + skillset+years of expr) as of the substituted labor filling date. Make sure you get a copy of all the pages of the approved labor so you can check yourself/with another attorney. Have all your communications via email so you are legally safe. Search in the labor form, you will get plenty of information.