Substitute approved LC after I140 approval

[Kranti33]

Guys,

Can any company substitute approved LC to other employee after getting original employee's I140 approval ?


Please let me know,

Regards,
Kranti.

 

[nato]

they can do it

but you likely end up to get a big

0

 

[gc_vsc]

One LC, One GC

One LC can always can grant one GC. You question is very broad.

I can provide 2 different answers based on the situation
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Situation 1.
If the original employee whose 140 is approved and has a pending I-485 for more than 180 days, than substituting the LC is risky for anyone. The original employee can use AC21 and can get his GC approved

Situation 2.
If the original employee had only filed 140 and not I-485, any one can use the LC to substitute after withdrwaing the original 140 application.

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SO it depends on when the 140 for the orginal employee was approved and what is his status now

Guys,

Can any company substitute approved LC to other employee after getting original employee's I140 approval ?


Please let me know,

Regards,
Kranti.

 

[Nadi]

Can any company substitute approved LC to other employee after getting original employee's I140 approval ?

yes ..

There is a loop hole in the system and one labor can be tactfully used to get multiple GC. This has happened and still many guys are making use of this method to advance there PD -- rather than standing in line for labor to get cleared.

Legally speaking -- employer should withdraw the first guys 140 ... before his 485 gets cleared. The first guys GC will continue if he has used AC-21. Now the emloyer is free to use the labor to file Guy 2 GC. This method is legally correct.

But there are instances where employer has filled two 140 .. in tandem on the single labor .. without withdrawing the first guy's application.. this is legally wrong .. but people have done and got there GC.
Actually USCIS cannot check each and every labor etc ... so in past things have gone thru without any problem.

if I were U .. I would go for my own original labor .. however long it takes --- H1b extensions & EAD extensions are the way to go if retrogressed.


read : Surge in PD --pay spl attention to posts by unitednations