Substitue Labor, How much safe?

B

bbb1974

Registered Users (C)
Hi,
Can anybody tell me how safe is substitue labor is? What one should be careful of while using pre approved labor? Has anybody got I140 approved using pre approved labor of someone else.
My labor is stuck in NJ from last 13-14 months? Is it a wise decision to change company and use approved labor.
Some one please reply ASAP.
 
re:

im using it...its safe...and many ppl on this board have got approved...

see if u match the qualifications of the labor? is ur h1 expiring soon...
 
Sub. labour

I used it and got the I140 approved. If your profile match exactly with the approved labour, then there won't be any problem
 
Re: re:

Originally posted by vik3001
im using it...its safe...and many ppl on this board have got approved...

see if u match the qualifications of the labor? is ur h1 expiring soon...
Click to expand...

Hi,
Thanks a lot for quick reply. When u say, qulifications of labour then should it be exactly same or equivalent? My H1 is expiring on 31st may 2003, why?
If you dont have any problem can u please give me a call on 832-498-9342. or let me call u.

Thanks again!
 
Re: Re: re:

I think there is some risk involved in this labor substitution process .. I know someone where his I140 is rejected and started his labor again. I was told by him briefly that it is due to soft economy ...
Best of Luck ..


Originally posted by bbb1974


Hi,
Thanks a lot for quick reply. When u say, qulifications of labour then should it be exactly same or equivalent? My H1 is expiring on 31st may 2003, why?
If you dont have any problem can u please give me a call on 832-498-9342. or let me call u.

Thanks again!
Click to expand...
 
Qn. to Mechman....

Mechman,

Nice to hear that you got your I-140 approved using a Substitute Labor without any problems. From your reply, I understand that the profile should match with the certified Labor to take the path of labor substitution.

1. When you say the "profile" should match, is it the educational requirements + experience OR should the educational requirements + experience for the job + job title match??

2. Would it be a problem if the educational requirements + work experience only match and not the title. Also, is a 10% variation in salary acceptable?

Can you pls answer my questions.

Appreciate your response.

Cheers,
exvyzed
 
Qn. to Mechman....

Mechman,

Nice to hear that you got your I-140 approved using a Substitute Labor without any problems. From your reply, I understand that the profile should match with the certified Labor to take the path of labor substitution.

1. When you say the "profile" should match, is it the educational requirements + experience OR should the educational requirements + experience for the job + job title match??

2. Would it be a problem if the educational requirements + work experience only match and not the title. Also, is a 10% variation in salary acceptable?

Can you pls answer my questions.

Appreciate your response.

Cheers,
exvyzed
 
exvyzed,

If the labour mentions about any title in the previous experience then it is better to match the title. This is what my attorney told me. For me there was no problem with the title. It matched with the title in the approved labour.

Educational req. + experience is definitely a must. You know that right?
 
Got I-140 approved with Substitute LC but no title match with title stated in LC..

I got my I-140 Approved with substitute LC.

I satisfied education requirements and Experinece except job title mentioned in the LC. I don't have matching title in my experienece letter that specified in LC.

while using substitiute you have to satisfy all the requirements specified in LC <b>the day when LC was filed </b>not the day when LC got approved.

For ex: if LC filed on 10/10/2000 with MS in Engg and 2 years experiance as Programmer/Programmer Analyst.

You have to satify all the above requirements on or before 10/10/2002 i.e you should have MS in Engg and 2 experinece by 10/10/2000.

According to my lawyer job title doesn't matter as long job responsibilities same.
 
Anamica/Mechman,

Thanks a bunch for your replies. Anamica, congrats to you too on getting your I-140 cleared with a substitute LC. The qn 1 got clarified. Could you shed some light on to the second part of my second question: viz.,
Also, is a 10% variation in salary acceptable ? I mean, if the LC was approved with say $X and I draw $0.9X, will there be a problem??

Awaiting your responses.

As always, appreciate it.

Cheers,
exvyzed
 
exvyzed -- in my case I have other way in salary..

I have my salary 1.21*X where X is salary stated in LC. My lawyer told more is always fine. But little less is also OK. But you have to talk to good lawyer on this.

I would always suggest going with reputed lawyers is better though they charge couple of thousands etc. Its worth if you skip LC and going to I-140 especially now a days where states like NJ, Philadelphia, MD etc. taking long time for LC. In these cases they know how to handle the situations. so better consult with good lawyer you will be fine in using it..
I know some of my friends also used Substitute LC...

Good Luck
-Anamica
 
Anamica,

Thanks a bunch for your valuable thoughts. I will consult a good lawyer as per your suggestion. Since you have gone through this Labor Substitution path, it seems to me that you have first hand information. Look at the following scenario and pls post your comments:

LC was filed for 'X', case was approved (VA state...you know how long it takes now-a-days in VA state).
140 was filed for 'X', case approved.
'X' got laid off.
485 for 'X' was not yet filed.

Now to my qns:
1. Is it possible to do Labor Substitution for 'Y' with the above case using 'X's LC.
2. If YES, should 'X's I-140 be withdrawn? If so, how?
3. 'X's original LC would have been used when filing his I-140. Is a copy of 'X's LC suffice for filing the new I-140 using 'X's LC.
4. Any other concerns...


Thanks,
exvyzed
 
exvyzed : see response below

exvyzed : see the answers below for your questions

Originally posted by exvyzed
Anamica,

Thanks a bunch for your valuable thoughts. I will consult a good lawyer as per your suggestion. Since you have gone through this Labor Substitution path, it seems to me that you have first hand information. Look at the following scenario and pls post your comments:

LC was filed for 'X', case was approved (VA state...you know how long it takes now-a-days in VA state).
140 was filed for 'X', case approved.
'X' got laid off.
485 for 'X' was not yet filed.

Now to my qns:
1. Is it possible to do Labor Substitution for 'Y' with the above case using 'X's LC.
<Anamica reply:>-- I heard that its possible to use.. but I guess its required to withdraw 'X' s I-140 .. I saw in this forum somebody applied who was in same situation like you..search in this website to find out more. consult lawyer for full advise..
2. If YES, should 'X's I-140 be withdrawn? If so, how?
<Anamica reply:>-- YEs need to withdraw.. you need to talk to lawyer
3. 'X's original LC would have been used when filing his I-140. Is a copy of 'X's LC suffice for filing the new I-140 using 'X's LC.
<Anamica reply:>-- that I don't know whether copy is fine or not.. In my case fortunately I-140 not applied and also I had original pre-approved LC.. but you can talk to lawyer for other options
4. Any other concerns...
<Anamica reply:>.. If possible try to do both in parallel i.e Applying Labor and filing I-140 with substitute LC.. . I know its very expensive but it gives peace of mind with back-ups.. everything depends on individual opinion...

I will tell little about my story.. I don't know whether it will be useful to you or not

<Anamica reply:>.. I started my GC with my own lawyer (not thu company lawyer).
I applied for my LC Aug 2001 from Philadelphia (it cost my own money $1200 for Ads + separate lawyer fee around 2000.. because I had a reputed lawyer). My husband applied his LC Jan 2002 from NJ(our own money $800 for Ads + $1000 lawyer fee). These 2 states taking very very... long time... My husband finishing 6 years by Feb 2003. I was very much worried with our situation. I started asking my employer for pre-approved LC.. finally I found one in Jan 2002. They charged $1200 to use that LC. so I paid that for my employer.so I mailed I-140 using substitute LC Feb 24,2002. It reached INS on Mar 4, 2002 and approved on May 6th. Immediately applied I-485 on May 24th. Before using substitute LC my company name got changed but taxId remains same. So we filed I-140 Amendment (lawyer charged $800 fee for this)for company name change in July 2002(According to current law its not needed but my lawyer filed as precautionary). waiting for I-140 Amendment approval.. so we paid lot of money and went thru lot of tension during this GC process.. hope we will get approval without any problems..
so having back-ups always gives peace of mind.. and also according to current law if LC filed > 365 days ago one can file for H-1 7th year extension... if one doesn't work other can be used... I know everything involves lot and lots of money

Hope it helps..

Thanks
-Anamica

Thanks,
exvyzed
Click to expand...
 
Last edited by a moderator:
Thank You

Anamica,

Thank You very much for your detailed comments. I really appreciate your patience in going through my questions and answering them in detail.

I have already filed my labor (2 months ago), but since its VA state, its taking for ever. In my company, there was one employee who had got his I-140 cleared, but was laid off before he could file his 485. Sad thing to happen to anybody.

With my H1 end date coming nearer and nearer, I thought of exploring this option with the scenario I mentioned.

Thanks for sharing your LC+I-140 experiences. Wishing you good luck and hope that you have a smooth sailing in your 485.

Happy thanksgiving!!!

Cheers,
exvyzed
 
exvyzed,

Adding to Anamica's answers........................

Your question -
<....140 was filed for 'X', case approved. ..>
<....Is it possible to do Labor Substitution for 'Y' with the above case using 'X's LC....>

It is possible. Only thing you need to withdraw the approved I 140 first and with a copy of that letter apply for I 140 . My case was the same
 
Mechman,

Do you mean that we need to send I-140 withdrawl letter first and when we receive acknowledgement from INS about I-140 withdrwal then we can apply new I-140 with attaching acknowledgement letter.?

Thanks
 
gc_mania,

Send I 140 withdrawl letter first and then apply for I 140 with a copy of the I 140 withdrawl letter. No need to wait for acknowledgement letter from INS
 
Thanks, Machman,

The reason for asking is that I lost my job just after 15 days of applying I-485 and my company says they will revoke I-485 so trying to figure out if they try to substitute my labor by revoking I-140. I don't know how much INS take to withdraw I-140.

Do u know how much it took to withdraw I-140 in ur case? I mean u applied immidiately after sending withdrawl letter to INS?

I hope after 180 days i will be safe.
 
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