Sub. Labor issues only

N

need_info1

Registered Users (C)
Good and bad about Substitute Labor

Guys,

Please share your experiences with sub.labor in this forum. This will help for the people who are trying to use a sub. labor in future.

GOOD LUCK,
need_info1

** My honest opinion after researching on sub. labor what I found so far was - using Sub. Labor is not a vise idea to apply for GC through employer.


*Just I am a member in this forum.... please contact a good attorney on your immigration issues.
 
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sotiredofwaiting said:
Why - Because DOL and USCIS are so tired of fraud cases, they decided to crack-down and started operation cleanup. Even original beneficiary is being scrutinized thoroughly, thats why.???
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I am using labor subs and it is genunine. You guys are making me scared as I am waiting for my I-140
 
mb1 said:
I am using labor subs and it is genunine. You guys are making me scared as I am waiting for my I-140
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Then DO NOT WORRY. Anyway it will under-go strict scrutiny.
It is all about greedy companies, who mis-use the privileges.
 
Substitute Labor related thread only ...........

If you are sure about the labor filed for you, do not worry!!

SOME companies are using the same labor for more than one person to file their GC processing.

Right now all applications (sub. labor) are under lot of scrutinizing before USCIS approves your I140 or any other application.

Read other threads in this forum you can understand.

Just I started this thread to caution the people not to use the sub. labor without proper information like:

1. Did the same used in the past or not?

If the answer is yes, try not to go for it.


I am not a lawyer/attorney, contact a good lawyer/attorney before you apply for I140.
 
many folks got sub labor based 140 approved in 2 weeks

it is the desi company you need to carefully evaluate before taking that sub labor. don't misguide, cautious yes sure
 
My Two cents

Hi Folks,
I am using Sub.labour(EB2). He asked me to join the Company first before even filing I140 toa void any hassles. Instead of filing I140 and I485 together, I talked to Employer, first to file I140 only.(to be on safer side and to get faster approval ).He agreed to that.My I140 got approved in two weeks. Then I filed I485 now which has been retrogressed.Again no upfront money paid.But he takes some money through my hourly rate.I have copies all the petition submitted on my name.Including copy of preapproved labour which exactly matches my skillset.(Before joining I did not look at the Labour Copy.Just went by his word).This Forum was too helpful for me to find out a clean Desi Company on this matter.Again it is a risky business.Last year November I was almost applied through C**(fraud NJ company), and withdrawn finally after seeing bad rating from pathusa website. Again it is a luck to get a clean company.But Everybody wants make good money out of us including my Company. If the they do a clean job, then it is fine.
I agree with 'nato'.We got to carefully evaluate Desi Companies before joining.

Any comments welcome.
-S
 
A complete stop on "substitution" will sooner or later be implemented by DOL/USCIS. In fact, it is a RISKY BUSINESS now.
 
I took a sub labor

company didnot ask for any money upfront. have to transfer my contract where he gets the cut and money after 140 is approved and EAD is received, waiting for EAD, so far the company looks ok, don't know once I join
saw the original labor myself before filling, wouldnot have done with copy.

saved from that Cy crook, wanted money on a copy of labor and with all reports that they took money and never filed. nick should be put in jail
 
I have applied through Labor Sub in Dec 2004. I have got by GC with no problem. It may become risky now as DOL is going to end labor substitution.
 
if the orginal labor applicant(or someone else) did not use the same labor (to get GC) as U used .. or Ur employer took great care to withdraw there appliction once they quit ----- then it good.
Substitution labor will stay ... and is ok as long as the labor is used to get GC for one & only one guy.... In past 2-3 guys got the GC with the same labor ... Not sure what USCIS is planning to do .. In one letter they said .. already approved cases may also be revoked..
 
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You guys who applied using substitute LC - did you apply using a copy of LC, did you experience unusual delays in the processing of I-140? I hear the USCIS has to request the original from DOL (of course if your employer never filed for I-140 for the previous employee, the original was still available)
 
Copy of LC is risky, then you are headed for a long 140 wait and also no gaurantee if it was already used by someone else thus one is ready for a ride. Ask original LC then it is safe and genuine too till DOL comes and clamp it likely by Dec..
sotiredofwaiting said:
You guys who applied using substitute LC - did you apply using a copy of LC, did you experience unusual delays in the processing of I-140? I hear the USCIS has to request the original from DOL (of course if your employer never filed for I-140 for the previous employee, the original was still available)
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Hi,

My 140 was filed on 12/28/04 using substitute labor in EB3 cat, ND is 01/14/05, there are no LUD's, when I contacted my employer he says they had used original labor to file my 140. I have my EAD and AP approved in the month of March 05.

Anybody has any recommendations, what I should do ?

My company's profile looks good and I haven't heard any complains about them, they have more then 500 employees on payroll.
 
vkumar0766 said:
when I contacted my employer he says they had used original labor to file my 140.Anybody has any recommendations, what I should do ? My company's profile looks good and I haven't heard any complains about them, they have more then 500 employees on payroll.
Click to expand...


Check companies records -- the best test will be -- is the company paying for the GC process or better still did the employer ask you to pay extra for the substitution labor he gave you.. If -- NO -- thats a good sign. Ask the employer if he withdrew the previous 140 -- from the former guy for whom the labor was meant for... Double check with that former guy..

Ask Ur employer to file for a second labor for U ... just in case something messes up..
 
Thanks Nadi,

As per my employer they did not use this labor earlier.

My employer did not charge me anything for using sub labor and attorney's fees is also paid by employer, I had to pay USCIS fees.

They have already filed a labor for me in Oct 04.
 
vkumar0766 said:
Thanks Nadi,

As per my employer they did not use this labor earlier.

My employer did not charge me anything for using sub labor and attorney's fees is also paid by employer, I had to pay USCIS fees.

They have already filed a labor for me in Oct 04.
Click to expand...


I think u are all set and with the right company... U should be getting Ur 140 approved anytime soon.

Good luck.
 
Thanks Again Nadi,

Your words sounds like honey to ears, but this waiting period is frustrating and depressing.

Pls let me know if I need to do anything from my side.
 
Labor Substitution No Priority Date on Reciept

My fellow future immigrants. I have applied I140/I485 using substitution labor as there was no choice and the match seems perfect to the company lawyer and it's a large co. so hopefully no fraud etc.
I recievd my reciept without a Priority Date. Is this common and what does it signify.
Please let me know.
No reciept of the I485 yet.

I140 RD Sept27 2005/ ND Oct7 2005/ AD ??
 
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