Question about labor substitution..

A

Aakash28

Registered Users (C)
Hello,

Just out of curiosity...I would like to know does one has to be in US before the PD of the Labor Substitution Case in order to be eligible for Labor Substitution? So for eg. lets say Sep 2000 is the PD for a LS case. Does the person needs to be in US since before Sep 2000 in order to be eligible for this LS Case? Or can a person just come into US in 2006 and directly do LS with PD 2000.

Experts please suggest..

Thanks.
 
u need to have aquired the required skills/education prior to that date. No need to be in the US before the PD based on what I know.
 
doesitmatter said:
u need to have aquired the required skills/education prior to that date. No need to be in the US before the PD based on what I know.
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No, I don't think so. You need to prepare the prove of ability to pay in I-140 from PD till now. How can you prove that if you are not in US?
 
I dont really understand what you are trying to say.

Labor sub essentially means that you are taking someone else's position. So, if person X was in a company from April 01 to Dec 05 and then quit or was fired...company can hire person Y and then give him the labor as long as person Y gained all the required experience prior to April 01 (in this case).

I dont see why person Y needs to have been in the US all this time from April 01 to Dec05, unless there is a specific rule that says so. I am no expert on this, so lawyers opinion would be good to take.


GCIsTortoise said:
No, I don't think so. You need to prepare the prove of ability to pay in I-140 from PD till now. How can you prove that if you are not in US?
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That is incorrect. Ability to pay burden generally falls on the sponsoring employer and not the individual.

So co. has to show that it had the ability to pay the required salary from the labor approved date till now, not the person. The person involved has nothing to do with ability to pay issue.

GCIsTortoise said:
No, I don't think so. You need to prepare the prove of ability to pay in I-140 from PD till now. How can you prove that if you are not in US?
Click to expand...
 
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