Pre-Approved Labor: Process

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sudhanshu

Registered Users (C)
I have 6mths left on H1, based on some old thread on the forum, thinking of utilizing pre-approved labor:

While going through different portals, I am just trying to understand, how best, the troubles souls like myself can safeguard our interests, while using pre-approved labors, as some of the companies seems to be misusing it.

So to understand the process better, I'll like to ask anyone who has actually used pre-approved labor or otherwise to validate my understanding below:

1) What should we check in pre-approved certification to confirm that a substitution is possible. Like in my case H1 expires on 1 Mar. So what is the latest priority dt for a 'usable' certification? , Is it any priority dt before Feb'04, assuming a year?

2) One of the co.s told me I can go for H1 transfer, once I recieve reciept
number from State Alien Labor Certification. As per them its 1-2 months after application. Is that correct?

3) Is getting reciept from State Alien Labor Certification same as saying substitution of labor certification was accepted by labor dept. & that one can proceed to file 140/485 concurrently?

4) The same co. says, I can get a EAD in <3 months, Is it advisable to go for 7th year extension (based on substituion of labor), rather than using EAD to safeguard against 140 is rejection?

5) I believe skills on approved LC should be coinciding to use it. Should we ask for the copy of pre-approval from company? If yes, Can uninitiated like us make any sense from it, in terms of evaluation its applicability?

6) Lastly, Is salary mentioned on this LC applicable only after GC is approved, that is 485 approval comes along?

Thanks in advance for your time.

Sidb
 
I have 6mths left on H1, based on some old thread on the forum, thinking of utilizing pre-approved labor:
------ do you mean to file I-140 I-485 EAD AP based on labor substitution? If that is correct then read below
While going through different portals, I am just trying to understand, how best, the troubles souls like myself can safeguard our interests, while using pre-approved labors, as some of the companies seems to be misusing it.

So to understand the process better, I'll like to ask anyone who has actually used pre-approved labor or otherwise to validate my understanding below:

1) What should we check in pre-approved certification to confirm that a substitution is possible.
-------------- Ask the copy of approved LC particularly form ETA750A, check the column 13, 14,15 on it because column 13 has skills or job duties written and 14 has education, EXP required if you feel that your education, skills match BEFORE the date that LC was FILLED then go to good lawyer with the copy of LC and your education certificates, EXP letters any education evaluation done in US and your resume let him review it if you qualify for LC substitution
Like in my case H1 expires on 1 Mar. So what is the latest priority dt for a 'usable' certification? , Is it any priority dt before Feb'04, assuming a year?
-------- If LC is approved and you are qualified to use it no problem of PD to file I-140 or I-485, remember I-485 can only be filed when you are in valid status in US, if you qualify to use that LC file I-140, I-485, EAD, AP BEFORE your I-94 gets expired
2) One of the co.s told me I can go for H1 transfer, once I recieve reciept
number from State Alien Labor Certification. As per them its 1-2 months after application. Is that correct?
--------- I don’t understand your question. You can file 7th year H1 extension if the LC was filed for you by any employer more than 365 days and you have the LC filing evidence from State Alien Labor Certification, It seems to me that you want to use the approved LC for GC filing or I-140 and I-485 filing, if that is true then you can file 7th year H1 based on pending I-140 or I-485, file the I-140, I-485 and once you get the I-485 filing receipt file 7th year H1 extension on the base of I-485 pending and you can file H1 extension before your I-94 gets expired
3) Is getting reciept from State Alien Labor Certification same as saying substitution of labor certification was accepted by labor dept. & that one can proceed to file 140/485 concurrently?
--Read above
4) The same co. says, I can get a EAD in <3 months, Is it advisable to go for 7th year extension (based on substituion of labor), rather than using EAD to safeguard against 140 is rejection?
------- if company files I-140 and you file I-485, EAD ,AP with I-140 then you may get EAD in 3 months, you can file 7th year H1extension the day you get I-485 filing receipt or I-140 filing receipt
5) I believe skills on approved LC should be coinciding to use it.
---Correct and you must have these skills or exp ,education BEFORE the date that LC was filed
Should we ask for the copy of pre-approval from company? If yes, Can uninitiated like us make any sense from it, in terms of evaluation its applicability?

6) Lastly, Is salary mentioned on this LC applicable only after GC is approved, that is 485 approvals comes along?
--Salary mentioned on LC has to be paid after I-485 approval or GC approval, if the company pays you before that it is not a problem
 
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