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

[rtl1234]

Substitute Labor and I-140/I-485

My substituted labor certification (my name was substituted while the labor was at the backlog center) with Compnay B got approved two weeks back. It has a priority date of Mar 2003 (EB2) making me eligible to apply for I-1485 and I-140 concurrently.

My lawyer says that the original labor certification has not been received yet and the I-140 and I-485 can be applied with a request to obtain the labor from DOL.

My questions are:

1. Does the labor substitution elimination rule affect my case in any way ?

2. Since my name was substituted while the labor was pending at the Backlog center, can the I-140 petition be Premium processed ? Does it have anything to do with the substitution rule ?

3. Can I apply for I-1485 without the original labor certification ?

4. Will the name on the approved labor certification be that of the original beneficiary or mine ? My lawyer says that it can be either mine or the original beneficiary.

5. Is it wise to wait till we get the original labor certification to apply for I-140/I-485?

Thanks for your help.

 

[MarkOrelius]

Substitute labor when own labor is approved

Rajive,

All the below mentioned are from the same company (a F-500 company)
I applied for a EB-3 labor in March-2004 which is yet to be approved and a EB-2 labor under PERM which was approved in August-2005.

Now the company is offering me a substitution labor, EB-3, with a priority date of Dec-2001. They are going to apply for I-140 & I-485 concurrently for this labor. I am not so happy with the company and might want to switch at some point. I have some questions on this :

1. The best case scenario is that I switch after 6 months using AC-21. Now, for me to do this switch, does the I-140 need to be approved ?

2. If I quit / laid off after the I-140 is approved, can I use the Dec-2001 priority date if I apply for EB-2 again with a different company ?

Thanks,
Mark.