Pending labor substituition and retaining PD

N

natsvn

Registered Users (C)
Hello Forum Members,

I'm new to this forum. I have a question regarding substituting a pending labor. Few things about my status:
1)I'm on 6th year of H1 status (7 more months left).
2)I received an offer from a MNC, who informed that they can do H1 extension for me based on pending labor in BEC.
3)Original beneficiary of the pending labor has already left the company.

My questions here are:
1) Is it possible to do pending labor substituition?
2) If it's doable, will i be able to retain the priority date of the pending labor?
3) Also say if once it's substituted for me, is it possible for me to re-file it in Perm (considering BEC processing times) without lossing the PD?.

Also if you have a link to any provision pr memo which states this can be done, please provide me that too.

Looking for your help in this regard.

Thanks.
 
Its called labor substitution because it is done after it is approved.

I do not know if a pending labor application can be updated with another beneficiary name. If this can be done, then it is your labor.

I do not see any issue in converting it to PERM once it is your labor.

In any case, you will retain PD from that labor.

natsvn said:
Hello Forum Members,

I'm new to this forum. I have a question regarding substituting a pending labor. Few things about my status:
1)I'm on 6th year of H1 status (7 more months left).
2)I received an offer from a MNC, who informed that they can do H1 extension for me based on pending labor in BEC.
3)Original beneficiary of the pending labor has already left the company.

My questions here are:
1) Is it possible to do pending labor substituition?
2) If it's doable, will i be able to retain the priority date of the pending labor?
3) Also say if once it's substituted for me, is it possible for me to re-file it in Perm (considering BEC processing times) without lossing the PD?.

Also if you have a link to any provision pr memo which states this can be done, please provide me that too.

Looking for your help in this regard.

Thanks.

Thanks.
Click to expand...
 
july022004 said:
In any case, you will retain PD from that labor.
Click to expand...


Correct me if I am wrong : I think U need to get 140 approved from both the labor to retain the earlier PD.

Makes little sense , but I think this is how it goes.
 
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