Labor Substitution

N

nj_singh

Registered Users (C)
Hi,
Is there any time frame for the approved Labor certification to expire ?
My future employer has an approved labor certification for an ex employee. This is dated Sep,2001.
Is it ok if if use the same to file my I40 ?
If yes, does he need to file some additional applications informing INS about the substitution?
If yes then which additional application are required.
Lastly if it's filed on substitue basis will it delay the processing of 140 or 485 ?


Thanks in advance for your inputs and help.
 
Nj_singh ...

There is no time frame for approved LC.......

U can use that approved LC if:

a) your skills/education/exp. matches.
b) Job is same - (required qualification, skills, salary, # of hr's, location etc.)
3) Employer has not used that LC for I-140 (already for someone).
Note: If they have for c, then they need to inform INS and request to cancel the previuos application.

Check in other threads, they are so many people who have done in past with/without issues and that might help u in understanding the process....

Good Luck.....
 
Thanks ! That Helps

Thanks a lot. That helped a lot.
Another quick question.
I plan to join my future employer after the green card process is over. However the previous employee for whom the previous LC was filed was on Payroll.
Will it effect the decision by INS ?

Thanks Again And i really really appreciate it.
 
Nj_singh

U plan to join Future Employer (one who is going to do processing) after getting GC....right

And u want to use a LC which is approved for someone else and that person is still working in the future company.... right

U have a complcated case....I think u should consult this with experienced attorney who has taken cases like it in past. I am not qualified/exp enough to comment on the situation u are having and I don't want to misguide u......
 
Thanks usnycus !!!!

I will like to clarify that the employee (whose pre-approved LC)
is no longer with the company. The employee left before filling of I-140.
Does that help ? I mean is this type of scenario common?
 
nj_singh,

For your first post - here are the answers:

1. LC never Expires.

2. Yes you can use same LC provided you can match form 750A filled by your employer for that LC.

3. Additional Info will be 'Substituted' Form 750B filled by you.

***************

For your convinience copied from one of my posts in other thread. See if it helps!

***************
For LC, one has to submit three copies of completed forms 750 A and B. Part A. is called OFFER OF EMPLOYMENT. It states basic points which is desired by the company in recruitment.

Part B is STATEMENT OF QUALIFICATIONS OF ALIEN. This is where you give your details(The form filled by you before LC is applied.).

Part A gives basic requirement for company. So if someone with EB3 has qualified it - so will someone with EB2 do.

Now in your case Part A is already in place - you will be using it with Part B. That will be your evaluation - that is 'Substitution'.

I hope you got the point - there is no problem in doing so. In short you can go for EB2.


****************


4. It will not delay 140 or 485.


For your second post:

1. It does not matter if employer was on pay-roll.

For post three:

I could not get what you mean by saying does it helps? The scenario is not all that common as well.
 
Nj_singh

If employee left b4 filling I-140 then there is no problem as long as your qualification/exp/skills matches with approved LC....and company is still financialy strong.


Go ahead....It is not common but I know personally an individual who is in 485 stage with same scenario...She got her approval (I-140) few months bck.........

Good Luck.........
 
Thanks A Lots

Jharkhandi and usnycus ,

Thanks A Lot. I really appreciate your help. I am sure it will boost my morale for my future employment. It's reallly hard to find people who do help someone, whom they don't know. I really really appreciate it.

Thanks Again.
 
Labour Substitution - Please Help

Hi Friends,
My company gave me an option to use the pre approved labour petition and file my I-140.As i was going through the previous posts i came to know that the Part A of ETA 750 should match.
MY qualification and the experience mentioned in the Part-A matches with that pre approved labour petition.But my skills do not match.He is a VB,ASP guy and i am an oracle guy.
can someone suggest me how to deal with this situation??
What are the pros and cons of this labour substitutuion process??
Thanks in advance
 
valabour_2002

Get a new experience letter from your previuos employer's (just add VB,ASP with oracle)......U should be fine...Good Luck.
 
Addition

Pros & Cons....

According to u, your qualification matches with approved LC PART-A and let's say INS approves your I-140 based on that, U R saving 6-18 Months and also pain of going through Labor Certification process depending upon where your is located.

If rejects your application, you have to restart the whole process, 6-7 months will be lost along with some money.
 
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