Pre Approved Labor & AC 21 Questions, Please Help ..

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star12

Registered Users (C)
I am on H1 and I will complete my 6 years by OCT 2006. I am using PREAPPROVED labor from my current employer who hold's my H1. I got EAD and my 140 was cleared. My employer may or may not applied another labor on my name .. If applied he might already given to some one else..

Now I am thinking to use AC 21 and I have following questions here... Any feed back will be greatly appreciated !!

Q1) If I join to new company , Can they able to file 7th year H1 extension, based on my current 140/485 ?? Otherwise do I need to have my own labor filed , before one year of completing of my total H1 period? Please advice..

Q2) IS there any law that says "employer can't substitute employee's labor" ?? Means X labor can't be given to Y and Y labor can't be given to Z .., and so on ...

Q3) If employer files 2 labors from 2 different states , can he substitute these 2 labors to new people who join their company?? Is it legal?? If not where we can find these clauses??

Q4) If I 140 is cleared and while proccessing 485 , how USCIS will find that what type of labor we used ?? Preapproved or OWN?? or which state labor used , etc ???

Any answers will be greatly appreciated !!
 
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star12 said:
I am on H1 and I will complete my 6 years by OCT 2006.
I am using PREAPPROVED labor from my current employer who hold's my H1.
I got EAD and my 140 was cleared.
My employer may or may not applied another labor on my name .. If applied he might already given to some one else..
--------------- if I-140 is approved why you need new LC???
Now I am thinking to use AC 21 and I have following questions here... Any feed back will be greatly appreciated !!

Q1) If I join to new company , Can they able to file 7th year H1 extension, based on my current 140/485 ??
---------------------- YES, based on I-485 pending
Otherwise do I need to have my own labor filed , before one year of completing of my total H1 period? Please advice..

Q2) IS there any law that says "employer can't substitute employee's labor" ??

Means X labor can't be given to Y and Y labor can't be given to Z .., and so on ...
-----------------DOL and USCIS are going to stop LC substitution in future as your I-140 is approved you are OK
Q3) If employer files 2 labors from 2 different states , can he substitute these 2 labors to new people who join their company??
----------- YES
Is it legal??
--------- at this time it can be done
If not where we can find these clauses??

Q4) If I 140 is cleared and while proccessing 485 , how USCIS will find that what type of labor we used ??
Preapproved or OWN?? or which state labor used , etc ???
---------------- ---------------- with I-140 petition LC was attached they have the LC with I-140 petition with them

Any answers will be greatly appreciated !!
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