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Labor substitution
- Thread starter gsingh72
- Start date
It means..
If you company already has an approved labor certification for a particular job category, for a specific skill set & if your company did not use it for the employee for which it was originally filed, which may happen for instance if the employee has left, then that labor certification may be utilized by substituting you in place of the earlier employee provided you meet all the requirements of the job, the skills required, education level etc etc.
Above is the general framework for labor substitution. Your lawyer should be able to guide you through the specificities in detail. If you can be substituted for any approved labor certification then the upside is that you would not have to waste time in getting labor clearance.
Good Luck/titu
If you company already has an approved labor certification for a particular job category, for a specific skill set & if your company did not use it for the employee for which it was originally filed, which may happen for instance if the employee has left, then that labor certification may be utilized by substituting you in place of the earlier employee provided you meet all the requirements of the job, the skills required, education level etc etc.
Above is the general framework for labor substitution. Your lawyer should be able to guide you through the specificities in detail. If you can be substituted for any approved labor certification then the upside is that you would not have to waste time in getting labor clearance.
Good Luck/titu
From Lawyer murthy's chat
http://www.murthy.com/chat1118.html
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Chat User : Sheelaji, could you please tell us about the processing times and procedure involved if one wishes to use an approved labor?
Attorney Murthy : The process is referred to as Substitution of the Labor Certification. Depending on the particular INS service center, the I-140 petition in a Substitution case can take anywhere from about 3 months to about 8 months, on the high side. The major requirement is that the person has to have all the qualifications of the person whose labor was originally filed, as of the time when that earlier LC was filed with the State Department of Labor. So if, for example, the earlier LC was filed 3 years ago, then the new person would have had to have completed the education and experience prior to the date when the original LC was filed.
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http://www.murthy.com/chat1118.html
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Chat User : Sheelaji, could you please tell us about the processing times and procedure involved if one wishes to use an approved labor?
Attorney Murthy : The process is referred to as Substitution of the Labor Certification. Depending on the particular INS service center, the I-140 petition in a Substitution case can take anywhere from about 3 months to about 8 months, on the high side. The major requirement is that the person has to have all the qualifications of the person whose labor was originally filed, as of the time when that earlier LC was filed with the State Department of Labor. So if, for example, the earlier LC was filed 3 years ago, then the new person would have had to have completed the education and experience prior to the date when the original LC was filed.
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