Substitue Labor????

[rajisoni]

Hello Everyone/Gurus,

I am Canadian citizen currently on TN visa with company A. I will be on H1-B with company A from Octuber2007 and then will be transferring my H1-B to Company B from Octuber2007.

- Company B has already got substitute labor in EB3 category. This will allow me to file (I-140/I-485)together right away (as the date is current for EB3).

My plan:
-------
- Can I use this substitute labor now and file (I-140/I-485) while working with company A and then later in October transfer my H1-B to company B.

1) please advice if this plan is ok?

2) Is there any loop hole in this plan?

3) At the time of interview will I face any problem?

4) How much time EB3 green card take ??


Guys your guidance will allow me to follow the right path.

Thanks

 

[nelsona]

As you know labor substitution is going away. You might want to read this:

http://www.immigration.com/newsletter1/FR_No_Substitution_Rule.pdf

The only TN related aspect of your post is whether you can file I-140/I-485 now with firm B while on TN with firm A. Yes, so long as you remain in US on TN until you get your EAD and AP which you would file for along with I-140 /I-485 ie. I-765/I-131.

Once you get your EAD/AP (or you pass October1) , you give up TN and work on either H1 (preferably) or EAD.

Other issues are for other forums, methinks.

 

[rajisoni]

Substitute labor????? Plz reply

As you know labor substitution is going away. You might want to read this:

http://www.immigration.com/newsletter1/FR_No_Substitution_Rule.pdf

The only TN related aspect of your post is whether you can file I-140/I-485 now with firm B while on TN with firm A. Yes, so long as you remain in US on TN until you get your EAD and AP which you would file for along with I-140 /I-485 ie. I-765/I-131.

Once you get your EAD/AP (or you pass October1) , you give up TN and work on either H1 (preferably) or EAD.

Other issues are for other forums, methinks.

...................................................


Hello Everyone/Gurus,

I am Canadian citizen currently on TN visa with company A. I will be on H1-B with company A from Octuber2007 and then will be transferring my H1-B to Company B from Octuber2007.

- Company B has already got substitute labor in EB3 category. This will allow me to file (I-140/I-485)together right away (as the date is current for EB3).

But few days back I have heard that from now on all categories(EB1/EB2/EB3) are current.

So in this scenario what should I do:

- Is there any benefit if I use substitute labor or should I apply new labor?

- If I apply new labor, usually how much time it take?

- After labor approval can I apply I-140 (Perimium Process), currently how much time for perm(I-140)?


Guys your guidance will allow me to follow the right path.

Thanks

 

[nelsona]

The fact that all ebs are current is only a temporary measure, done to insure that all visa will be used in FY2007. This will not remain so starting in October, so an older PD (from an older I-140/LC) is better, in terms of getting your GC sooner (it won't be in the next 3 months).

and in terms of getting your EAD (that is your goal, since your days on TN are numbered), a new one will take more time (have you done PERM yet? it takes a couple of months),

Your time is running out

 

[rajisoni]

The fact that all ebs are current is only a temporary measure, done to insure that all visa will be used in FY2007. This will not remain so starting in October, so an older PD (from an older I-140/LC) is better, in terms of getting your GC sooner (it won't be in the next 3 months).

and in terms of getting your EAD (that is your goal, since your days on TN are numbered), a new one will take more time (have you done PERM yet? it takes a couple of months),

Your time is running out

........................................

Thanks for your valuable input.

I appreciate if you answer one more question:

- Due to this change, is it going to accelerate processing time for (I-140/I-485)? or it will be same in below link (USCIS site)

https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=VSC

I really appreciate your input.

Thanks

 

[nelsona]

USCIS does not have any fast speed. Given that perhaps 10 times more applicants that usual will be put in the sytsem in July, you can forget about getting I-485 approved this year.