LC substitue Question

N

newgcasp

Registered Users (C)
I have question about LC sustitute, If the original labor was filled for the person from the ROW origin and later if someone substitute that labor by an indian origin, then while filling for AOS, do we have consider the priority date of ROW or do we have to consider the priority date of India?

Appreciate your response.
 
Not clear to me who "we" is. Original LC holder or substituted one ?
Original LC holder remains on ROW, and substituted one remains India.
 
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These are 2 unrelated things. With a Labor Sub, the new person inherits the PD of the original LCA filing. But the new person is always subject to their OWN country of birth when it comes to visa availability (as per the monthly bulletins). So you will inherit an older PD, but you will still be subject to your country's PD cutoff for the application category i.e. EB3, EB2 etc.
 
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I have a quick question related to Labor Sub. Do they still allow Labor Sub now?? because I was under the impression that Labor Sub was going to be stopped. If Labor Sub is going to be stopped from which date are they going to stop it.

Thanks.
GCVaruma.
 
It has not yet stopped ..

GCVARUMA said:
I have a quick question related to Labor Sub. Do they still allow Labor Sub now?? because I was under the impression that Labor Sub was going to be stopped. If Labor Sub is going to be stopped from which date are they going to stop it.

Thanks.
GCVaruma.
Click to expand...

GCVARUMA,

The DOL has been considering a rule change that would out law labor subs but those rules are still being considered. As far as I know labor sub is still going on and will continue to do so till the DOL implements the ruel change.

saras
 
saras76 said:
GCVARUMA,

The DOL has been considering a rule change that would out law labor subs but those rules are still being considered. As far as I know labor sub is still going on and will continue to do so till the DOL implements the ruel change.

saras
Click to expand...

Thanks for the update Saras..

Thanks.
GCVaruma.
 
Thanks for all your reply.

Even though we inherit the priority date we don't inherit the country of the person it is the person's country who substituted the labor.

Also LC substitute is still on, but never know when they will come up with new rules.

Thanks
 
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