Preapproved labor (Is it safe)

G

GKwannaGC

New Member
Hi Guys,

I am on H1 b Visa , I have recently changed my employer,
New employer has a preApproved labor with him and he has aggreed to use that labor for me.

How safe is it to use others preapproved labor.
Is it legal??

One more issue is that the labor was approved for a person who had a Masters degree, but mine is bachlors with 8 years of experience.

Can I use that labor and file I -140 and i-485 concurrently.

What kind of queries may come if any??


Regards,
GkWannaGC
 
Be careful...

GKwannaGC,

You have to see that the education and experience matches. If the education says Masters degree or equivalient then and only then ur. Lawyer can make a case for

bachelor + 5 years progressive experience = Masters

Now u have only 3 years of experience left so make sure that when the labor was filed the person for whom it was filed had only 3 or less years of experience and in the same areas as yours.

I am sure ur. new employer will not show you the labor approval cert. so u have to take some chance here. Ask specific questions on "What is written in education requirements in labor approval ? " and "What is written in Experience requirements ?"

If this all matches, u are OK to go. Keep us posted on how it goes.

will_get_there
 
Originally posted by GKwannaGC
Hi Guys,

I am on H1 b Visa , I have recently changed my employer,
New employer has a preApproved labor with him and he has aggreed to use that labor for me.

How safe is it to use others preapproved labor.
Is it legal??

One more issue is that the labor was approved for a person who had a Masters degree, but mine is bachlors with 8 years of experience.

Can I use that labor and file I -140 and i-485 concurrently.

What kind of queries may come if any??


Regards,
GkWannaGC
Click to expand...

There is nothing like safety prediction. Substitution is legal.

You should have same education/work experience as the one specified on LC on date when it was filed.

You may file 140/485 together.

However in substitute LCs issues may pop-up, so it is suggested not to apply concurrently, rather apply 140 and wait to see if it is approved!

One of the queries can be your educational equivalance for sure. You need a good lawyer to address it.
 
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