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Priority Date With Substitute Labor
- Thread starter valabor
- Start date
Thank you
Thanks usnycus for your reply.
usnycus said:From what I heard from members all over this forum, most people got original LC date.
Thanks usnycus for your reply.
labor_jun2003
Registered Users (C)
Can anyone one give some input ? I am confused !!!
http://www.immigration.com/faq/green3.html#483
Q168 Is it possible for an employer to take an already approved labor certification of an employee(say A) and file an I-140 for another employee(say B) if B is fully qualified for the position as described in the labor certification as of the date of filing.
Q1.Does that mean both A and B should have the same salary apart from qualification and experience?
Q2.If they don't have same salary and B has already got I-140 approved and going to file I-485 does this cause any issues in future?
Q3.What will be the employee's priority date if we, the employer, substitute him on an existing labor certification? Does he "inherit" the priority date from the labor cert?
A168 Yes. Substitution is possible if the employee who wishes to substitute was fully qualified for the position as described in the labor certification as of the date of the filing of the labor certification.
A1. The employer is required to pay at least the salary stated on the labor cert.
A2. Approval of 140 does not bar substitution, but two people can NOT use the same labor cert to get the green card.
A3. There is no inheritance. The priority date will be the date of filing of the I-140 for substitution.
http://www.immigration.com/faq/green3.html#483
Q168 Is it possible for an employer to take an already approved labor certification of an employee(say A) and file an I-140 for another employee(say B) if B is fully qualified for the position as described in the labor certification as of the date of filing.
Q1.Does that mean both A and B should have the same salary apart from qualification and experience?
Q2.If they don't have same salary and B has already got I-140 approved and going to file I-485 does this cause any issues in future?
Q3.What will be the employee's priority date if we, the employer, substitute him on an existing labor certification? Does he "inherit" the priority date from the labor cert?
A168 Yes. Substitution is possible if the employee who wishes to substitute was fully qualified for the position as described in the labor certification as of the date of the filing of the labor certification.
A1. The employer is required to pay at least the salary stated on the labor cert.
A2. Approval of 140 does not bar substitution, but two people can NOT use the same labor cert to get the green card.
A3. There is no inheritance. The priority date will be the date of filing of the I-140 for substitution.
Rajiv Khanna, Murthy and other immigration leading websites says PD will be I-140 reciept date for Sub Labors. But I contacted other immigration attornies and they said it should be orginal labor reciept date. I am confused which one is correct. And I read in other threads that people who filed concurrent filing with Sub Labor got original labor reciept date as PD.
I request people who got I-140 approved with Sub Labor to post their PD in this thread.
I request people who got I-140 approved with Sub Labor to post their PD in this thread.
labor_jun2003
Registered Users (C)
Is it mention in Receipt Notice when I-140/I-485/EAD are filed ? How will find out the PD ?