subsitution labor question

[anjuvinu]

Hi,
I know that the labor substitution mean that labor used by the candidate was originally filed for someone else. Does this mean that employer has that physical original copy of labor and they will file your I-140/485 using that Or Does it mean the employer already used that labor to file I-140 for some ex employee and now employer does not have that physically copy but can request INS to use that labor with your I-140/485 which is attached with I-140 already filed for ex employee.

My questions:-
1. If the employer has the original labor filed for candidate A, Can employer use that labor for candidate B because A has left the company. Is this considered subsitution labor or not. since labor is not specific to candidates,(lets assume A and B has same education/exp)

2. How much time it takes to withdraw labor from already filed I-140 and put/attach that labor in your file if you filed I-140/485 with just copy of labor and asked INS to get original labor from existing filed I-140

Thanks

 

[usnycus]

See Inline...

Hi,
I know that the labor substitution mean that labor used by the candidate was originally filed for someone else. Does this mean that employer has that physical original copy of labor and they will file your I-140/485 using that Or Does it mean the employer already used that labor to file I-140 for some ex employee and now employer does not have that physically copy but can request INS to use that labor with your I-140/485 which is attached with I-140 already filed for ex employee.
... Both scenario you have presented qualify definition of Sub-LC. Check following thread for further info.
http://boards.immigrationportal.com/showthread.php?s=&threadid=119038


My questions:-
1. If the employer has the original labor filed for candidate A, Can employer use that labor for candidate B because A has left the company.
...Yes.
Is this considered subsitution labor or not. since labor is not specific to candidates,(lets assume A and B has same education/exp)
...Yes. It is LC substitution.


2. How much time it takes to withdraw labor from already filed I-140 and put/attach that labor in your file if you filed I-140/485 with just copy of labor and asked INS to get original labor from existing filed I-140
...Employer does not need to withdraw. Employer can simply attach a letter requesting LC-Sub, copy of LC and form 750-B (with new candidate info) along with other documents.
Thanks