Pre-Approved Labor and H4

U

usgcman

Registered Users (C)
Hello,

My 6th year ended on June 04. My H1 7th year is pending.My wife is in H4 status.

Is it possible to use a pre-approved labor for her (H4 Visa) if some company has a pre-approved labor and if the qualifications and experience in the approved labor matches with her qualification and experience?

What is the process for applying labor substitution? How long will it take? What are the chances of getting approved?

Please help me.

thanks
 
> Is it possible to use a pre-approved labor for her (H4 Visa) if some
> company has a pre-approved labor and if the qualifications and
> experience in the approved labor matches with her qualification
> and experience?

She should have obtained all experience and education to match LC as of the day the LC was initally filed. The employer must show ability to pay the wage from the day the LC was filed till the 485 approval day.

> What is the process for applying labor substitution? How long will
> it take? What are the chances of getting approved?

The process is the same as regular application. While applying for 140, they will use the approved LC for your case. There's no thumb rule for duration, but any of below may complicate matters and add extra time to approval:

1. If the GC is applied for "future job offer", it and company may get even more scrutiny. Best if your wife is employed for the LC job on LC on H1 visa when you file your papers itself.

2. Make sure education and experience are exact match with no ambiguity

3. If the employer had filed 140 for somebody else or for some other reason, does not have the original LC that was sent to them, it will add several months or year to processing time.

4. Make sure the company is genuine, profitable and can back you for 2-4 years in a row. If they hire you just for intent of getting you GC, then chances are, BCIS will see things through. Make sure you are not getting into some preapproved labor scam, there have been many (read the forums).

Best of Luck!
~T
 
Last edited by a moderator:
talkative,
you wrote in your last post "1. If the GC is applied for "future job offer", it and company may get even more scrutiny. Best if your wife is employed for the LC job on LC on H1 visa when you file your papers itself."

What kind of scrutiny .... :confused:

Thanks
 
Based on what I read here, I think they may tend to raise "ability to pay" issues, especially if it's a small company without consistent profits.

~T
 
You must log in or register to reply here.
Top