Recording Available for Conf. - DOL rule prohibiting labor certification substitution

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Cases filed before July 16 2007

Does this rule affect applications for labor substitution filed before July 16 2007? My I-140 with substitution was filed in April does this rule affect me?

Substitute Labor filed in April 3rd week at PBEC

Hello Rajiv,

I filed for substitution by amendment for a pending labor at Philly BEC in April 2 week 2007 and have a Fedex tracking confirmation that it has been recieved by DOL on April 17 2007.

Effective 7/16/07, as labor substitution is eliminated, what happens to pending cases like me submitted in Mar/Apr 2007?

1)Will they be denied after 7/16/07 as DOL could not get to them before that in the order or due to some other reason?

Say, it is still pending and DOL does not process it until 7/18/07, will it deny that even though it was filed in April 2007?

2)Is there any kind of procedure followed by DOL called "substitution approval" or would the receipt of substitution application suffice for the further official labor approval at BEC?



Registered Users (C)
Applied GC on Substitution labor and I-40 is approved. I-485 is pending from past one year. Changed my employer on AC21. According new memo on substitution labor is it still possible for my employer can substitute my labor to other person before july 16 2007 even though they dont have original labor. Can my employer revoke my I-140.If that happen what happens to my
Can i start a labor substitution process now with the new changes into affect, if the process starts would that be enough or would the labor substitution needed to be completed by july 16th, how long will it take to get the labor substitution process completed please advice
Thanks in advance


Registered Users (C)
can an exempt H1b take pre-approved labor

Dear Rajiv,

I am currently working on an exempt H1b for a university left with 2 years out of my 6 years H1b period. I have a non-exempt h1B approval with a start date in January 2007 from a consultancy company (company "A"). I haven't started working for "A" yet. "A" does not have any pre approved labors.

Here are my questions,

1. If another company (company "B") offers me a pre approved labor (and if I can convince my current consultancy company "A" that I will take the preapproved labor from the company "B"), can I accept the offer from "B" me being transferring from an exempt H1B to non-exempt H1b at the same time?

2. Can "B" apply for my H1 transfer (I never worked for "A" no pay stubs etc other than my approval notice) and offer me pre approved labor?

3. Will I have any problems with H1b transfer and/or preapproved labor as the start date on my approval notice was in January and I am still not (never was) on "A"'s payroll these 5 months?

4. As I only have 4 weeks left before the new rule comes into effect...what are the chances in my case that I will get both H1B transfer and preapproved labor in this short period of time? what's the best way to go about it?

Thank you very much for your time and advice.

USCIS may 17th release says : Begining May 18th USCIS will terminate Permium processing service for labor substitutions: The reason is that they expect a huge influx of cases due to DOL changing its rule effective July 16. My question is

" What will happen to I 140 application with labor substitution filed under premium processing which was accepted for processing on May 14th (recieved date) and given a receipt number with the following email message to attorney from texas service center.

"The Form I-797 Receipt Notice will follow in the mail.

The Vermont Service Center will adjudicate this case within
15 calendar days of the "received date" set forth above"

Please elaborate.
LC Substitution from company B to company A

Hello Rajiv

I have a approved EB2 RIR Labor, approved I140 with PD of October 2004 through company A, and an approved 3 year H1 extension with start date of Sept 2007 ending Sept 2010

Company B has a approved EB3 labor with a date of May 2002, and company B is ready to substitute that labor to my name. I have checked the skill set and it matches with my skillset.

I would like to know from you if it is possible for company B to transfer my current H1-B and the 3 year H1B extension, despite the fact that my I140 with company B still going to be pending as current processing time for all I140 based on LC substitution is around 9 months.

I also heard your statement in March 29 session that PD is portable from one employer to another despite the fact that old employer revokes or withdraws the I140 and substitutes the labor to a successor employer.

Can you please let us know what are the risks involved and what papers does a person who might undergo a withdrawal or revocation of I140 have to keep ready.
I have a scanned copy of the I140 approval, and the letter of labor approval. Is there any thing I need to keep.

I am looking forward to speak with you on May 24th in the conference call.

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Can a employer file for labor substitution/I-140 and H1B transfer parallelly or if the employer need to wait until the H1B transfer is done and the consultant joins the company for filing I-140? Please help...

Thanks in advance !


Registered Users (C)
140 Not approved for a long time.. Please Help..

Hi Rajiv,

I will give a brief introduction about my case.
My 140/485 are filed together on 3rd March 2004 under a substitute labor with PD March 2000.
Everything went so fast till FP and then it died.
I got approved EAD and AP everything.. but the strange thing is no news on my 140 so far. No news on 485 either.
Me and my employer made numerous inquiries, congressman followed up but no one could tell me why it is not approved yet. I even tried making a InfoPass to local office but they dont have any details.
My question is,
What are my options to get a result on my 140?
Why is it not being approved, did they lost the labor certificate, can we give a notarized labor copy that we have in that case ?
btw, regd. the substitute labor i used it was approved and even the 140 was approved but she got the Green Card through her husband so 485 was never filed on that.

Appreciate your help.


Registered Users (C)
Dear Mr. Rajiv,

Thank you very much for your services to the immigration community !!!

EB3 Substitution Labor Says Education Required is B.S or Equivalent.

My education qualification is : 10 + 2 + B.Sc(3yr) + M.C.A (3yrs)

What are my chances for getting approved for I140 ? Whats is the best way to show B.S equivalent in this case ?

last conference you mentioned 10 + 2 + B.Sc(3yr) + M.C.A (3yrs)
is equivalent to M.S in US and elgible for EB2.

Your help is greatly appreciated !!!
Porting priority date based on a substituted labor


Do you see any issues with a new employer porting priority date of an approved I140 which is based on a substituted labor? Is it necessary to have a copy of the approval notice ? I just have the receipt number and my current employer has declined to give me a copy of the approval notice.

Substitute my spouse I-140 with the my current filed I-485

Thank very much for the conference.
My Priority date is 5/2004 and I-140/I-485 is filed in 12/2004. I am on 3rd EAD extension. My husband is a dependent in my GC but he is not using EAD. He is still on his H1B and continuing GC from his side as primary applicant.

My husband’s priority date is 09/2001. His labor is approved in 01/07 and his I-140 was filed on 05/11/2007. I have the following few questions.
1. Can my husband file his I-485 based on his own application (principal applicant) and also keep the one he has going with me as a dependent.
2. How does it impact me if he includes me in his I-485 process as a dependent? Does it invalidate the existing I-485 from my side as a principal applicant? I am on EAD. I just want to make sure I won’t be out of the status during this transaction.
3. We both would like to continue GC parallel until one of ours gets though. We would like to include both of us in each process. Is there any problem in doing so?
4. What is the best solution for us so we can make use of my husband’s priority date and can use the current I-485 process which was filed in 12/2004 from my side?

Please give us your advice.
5 years on H1 are over..


My 5 years on H1 - B are over. I was under the impression that I could still go for labor subtitution. Does this new rule mean I that there is no way for me or Can my employer still file for my labor under PERM process despite the my 5 years being already complete ?

Porting PD using substituted LC

Hello Rajiv,

I just came to know about the amazing voluntary service offered by use. I highly appreciate your efforts.

I have two I-140s approved, one each using EB-3 and EB-2 LCs. The both 140s filed by the same employer and used substituted LC in EB-2 category. The original LC was filed under perm rule but the employee left my company so was used to port PD in my case.

1. Approved I-140 using EB-3 LC, PD is June 2004.
2. Approved I-140 using EB-2 Substituted LC, PD is May 2005.

I am trying to use EB-3 date (June 2004) to file EB-2 I-485.

My questions are,

1. Do you see any problems in porting the date due to the new LC Substitution law?
2. Can you please briefly tell the steps or URL link to port the EB-3 date into EB-2 category?

Thank you very much in advance.
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