labor substitution

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bubli

Registered Users (C)
Folks,

I have a question about labor substitution. Can we use one approved labor certification to two person?

I mean, Can we use an approved labor certification to file I-140 for person A while it is being used for person B on H1B extension at the same time.

Your feedback is much appreciated!

thnks.
 
Not at the same time

I really doubt if such a thing can be done simulataneosly. Atleast the 140 will invite undue attention and rfe's will follow.
 
I know this, actually the H1B extension is temporirly only, it is going to be one time extension.
 
Normally you cannot use the same labor cert to do that. But it's been a gray area. When someone on H-1B leaves company A, and the company B files 7th year extension based on company's A labor cert (which is totally normal), there is a great possibility that company A is also intending to substitute another alien into that same labor cert. It's very hard to control this since most of the times this happens after employee had gotten 7th year extension based on that same labor cert.
 
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