Substitute Labor - 140 -pls help me ....

M

medan_raj

Registered Users (C)
When you go for substitute Labor, are you supposed to be working in USA from the the date of Labor application.

I got a substituted labor & the PD is Feb 2004. But I was working in USA during 2001 -2002 & went back to India. I was working in India during 2003-2004 & came back to USA on 2005.

So I was not working in USA during 2004. Will that be a problem, since I dont have w2 for 2003, 2004. Am i supposed to have w2 from 2004, as per law.

My labor was substituted this year, 2006.

PLs give me your valuable thoughts/suggestions. if there is a problem, how could i tackle this.

pls help me on this...
 
labor substituion case

hi i also applied for labor substituion

Hi I m new in this forum & I’ve some questions regarding labor substitution. My lawyer applied for the labor substitution (LS) for me in nov 2005 and that time he said its gona take couple of weeks but when I paid his fee and many weeks passed and I called him her sectary said the LS takes 6-8 months I also filled the application for I-140 and today when I asked her she said that your file is transfer California to Texas & your company should have received the file transfer letter but my company didn’t told me and I didn’t ask also for some reason.
My question is how long usually take the labor substitution to be approved and I-140 applied after the labor is approved? Is that mean that my labor is approved or in case of LS, I-140 applied together?
My other question can I apply for I-485 now or should I wait for I-140 to be approved and can any body explain me the process?
Thanks in advance
 
medan_raj said:
When you go for substitute Labor, are you supposed to be working in USA from the the date of Labor application.
....
pls help me on this...
Click to expand...
No, you do not have to be an employee of the company on the PD.
 
jat_sahib said:
hi i also applied for labor substituion

.............
My question is how long usually take the labor substitution to be approved and I-140 applied after the labor is approved? Is that mean that my labor is approved or in case of LS, I-140 applied together?
My other question can I apply for I-485 now or should I wait for I-140 to be approved and can any body explain me the process?
Thanks in advance
Click to expand...
I exactly do not know the procedure for the substitution. But I think the company does not have to apply any thing specially for the subsitution. If you have a substitue labor, you can file for 140.
If the PD on the labor is current, you can also file for 485.
 
Labor Substitution does not take 6/8 months. Basics of Labor Substitution is that a Company say X has an approved Labor Certificate of Employee Y who is no longer working for company X.

Now you Mr Z join company X and the company decides to give you that labor. The advantage of getting that labor is that you don't have to start doing your GC process right from the beginning (i.e Applying for labor etc).
Also the biggest advantage is that if your labor substitution is approved, you get the Priority Date of that Labor and you jump the queue.

How does labor be substituted ? The attorney of Company X applies for your I-140 with sufficient proof of your academic and experience qualifications, as well as more than sufficient proof about the company being a stable, profit making enterprise which has sufficient profits to pay you. All in all, your profile should pretty much match that of the substitute labor.

Once your I-140 gets approved, that labor substitution is complete. However note that additional proof might still be demanded further when your case is being processed at the I-485 stage.

Now, suppose if the labor that you're getting as substitution has a Priority date of August 2001, then when you get that labor (i.e I-140 gets approved), your GC process too gets that Priority date. This Priority Date is the most important factor when your GC process gets into the third and final stage i.e the I-485.

When the date at the USCIS Processing center where your GC is being processed becomes current, i.e the I-485 processing date of that center matches or goes beyond the Priority Date of your Labor, then your case will get processed by that center. :cool:

Currently TSC (Texas) where most I-485's are being processed is having a processing date of March 2001. So in the example above, when the date becomes August 2001 or more, your case gets processed. If Labor substitution was not done, then your Priority date will be sometime in 2006 or 2007 and thus you can imagine the period in terms of years that it will take for you to get your GC. :rolleyes:

Note that do not get under the assumption that the processing date progresses monthly. It sometimes takes years for the date to progress even by a few months.

However Labor Substitution is not an easy task. There are hundreds of reasons why labor substitution cannot be used effectively. For eg, your academic qualifications and experience should pretty much match with the labor, your company should be profit making and make good money to be able to prove that they can pay you above the min wages throughout the GC process etc etc..... :rolleyes:

To answer your other question, you will not be able to apply for I-485 until your I-140 gets approved AND after that when the Processing Date becomes current for your Priority date.

I hope this makes things pretty clear. For additional information, spend sometime going through the threads of this wonderful board.






jat_sahib said:
hi i also applied for labor substituion

Hi I m new in this forum & I’ve some questions regarding labor substitution. My lawyer applied for the labor substitution (LS) for me in nov 2005 and that time he said its gona take couple of weeks but when I paid his fee and many weeks passed and I called him her sectary said the LS takes 6-8 months I also filled the application for I-140 and today when I asked her she said that your file is transfer California to Texas & your company should have received the file transfer letter but my company didn’t told me and I didn’t ask also for some reason.
My question is how long usually take the labor substitution to be approved and I-140 applied after the labor is approved? Is that mean that my labor is approved or in case of LS, I-140 applied together?
My other question can I apply for I-485 now or should I wait for I-140 to be approved and can any body explain me the process?
Thanks in advance
Click to expand...
 
Labor substitition

Hi Gurus,

I'm in a typical situation. My company is trying to apply labor substituon with PD Dec 2002 (EB2). I have been with company since Feb 2003. The amount on w2(year 2003) of the guy(whom this labor applied for) is only $3500(May be he was on bench for quite some time). Lawyer expressed doubt that this may become problem 140 approval. Please suggest me whether I should really for this labor substitution?

Thanks
SRMAJJI
 
Hi Onepenny/DesiVidesi,

If i had a break of 3-4 months between the job, does it affect the 'progressive experience' condition .

I have 6 years experince before LC PD, but i had a break of 3-4 months between the jobs.my LC requires 5 years .will that create a problem?

how to tackle it?.

Pls let me know.

Thanks for all ur help...


DesiVidesi said:
Labor Substitution does not take 6/8 months. Basics of Labor Substitution is that a Company say X has an approved Labor Certificate of Employee Y who is no longer working for company X.

Now you Mr Z join company X and the company decides to give you that labor. The advantage of getting that labor is that you don't have to start doing your GC process right from the beginning (i.e Applying for labor etc).
Also the biggest advantage is that if your labor substitution is approved, you get the Priority Date of that Labor and you jump the queue.

How does labor be substituted ? The attorney of Company X applies for your I-140 with sufficient proof of your academic and experience qualifications, as well as more than sufficient proof about the company being a stable, profit making enterprise which has sufficient profits to pay you. All in all, your profile should pretty much match that of the substitute labor.

Once your I-140 gets approved, that labor substitution is complete. However note that additional proof might still be demanded further when your case is being processed at the I-485 stage.

Now, suppose if the labor that you're getting as substitution has a Priority date of August 2001, then when you get that labor (i.e I-140 gets approved), your GC process too gets that Priority date. This Priority Date is the most important factor when your GC process gets into the third and final stage i.e the I-485.

When the date at the USCIS Processing center where your GC is being processed becomes current, i.e the I-485 processing date of that center matches or goes beyond the Priority Date of your Labor, then your case will get processed by that center. :cool:

Currently TSC (Texas) where most I-485's are being processed is having a processing date of March 2001. So in the example above, when the date becomes August 2001 or more, your case gets processed. If Labor substitution was not done, then your Priority date will be sometime in 2006 or 2007 and thus you can imagine the period in terms of years that it will take for you to get your GC. :rolleyes:

Note that do not get under the assumption that the processing date progresses monthly. It sometimes takes years for the date to progress even by a few months.

However Labor Substitution is not an easy task. There are hundreds of reasons why labor substitution cannot be used effectively. For eg, your academic qualifications and experience should pretty much match with the labor, your company should be profit making and make good money to be able to prove that they can pay you above the min wages throughout the GC process etc etc..... :rolleyes:

To answer your other question, you will not be able to apply for I-485 until your I-140 gets approved AND after that when the Processing Date becomes current for your Priority date.

I hope this makes things pretty clear. For additional information, spend sometime going through the threads of this wonderful board.
Click to expand...
 
thanks for the detail many many thankx

DesiVidesi said:
Labor Substitution does not take 6/8 months. Basics of Labor Substitution is that a Company say X has an approved Labor Certificate of Employee Y who is no longer working for company X.

Now you Mr Z join company X and the company decides to give you that labor. The advantage of getting that labor is that you don't have to start doing your GC process right from the beginning (i.e Applying for labor etc).
Also the biggest advantage is that if your labor substitution is approved, you get the Priority Date of that Labor and you jump the queue.

How does labor be substituted ? The attorney of Company X applies for your I-140 with sufficient proof of your academic and experience qualifications, as well as more than sufficient proof about the company being a stable, profit making enterprise which has sufficient profits to pay you. All in all, your profile should pretty much match that of the substitute labor.

Once your I-140 gets approved, that labor substitution is complete. However note that additional proof might still be demanded further when your case is being processed at the I-485 stage.

Now, suppose if the labor that you're getting as substitution has a Priority date of August 2001, then when you get that labor (i.e I-140 gets approved), your GC process too gets that Priority date. This Priority Date is the most important factor when your GC process gets into the third and final stage i.e the I-485.

When the date at the USCIS Processing center where your GC is being processed becomes current, i.e the I-485 processing date of that center matches or goes beyond the Priority Date of your Labor, then your case will get processed by that center. :cool:

Currently TSC (Texas) where most I-485's are being processed is having a processing date of March 2001. So in the example above, when the date becomes August 2001 or more, your case gets processed. If Labor substitution was not done, then your Priority date will be sometime in 2006 or 2007 and thus you can imagine the period in terms of years that it will take for you to get your GC. :rolleyes:

Note that do not get under the assumption that the processing date progresses monthly. It sometimes takes years for the date to progress even by a few months.

However Labor Substitution is not an easy task. There are hundreds of reasons why labor substitution cannot be used effectively. For eg, your academic qualifications and experience should pretty much match with the labor, your company should be profit making and make good money to be able to prove that they can pay you above the min wages throughout the GC process etc etc..... :rolleyes:

To answer your other question, you will not be able to apply for I-485 until your I-140 gets approved AND after that when the Processing Date becomes current for your Priority date.

I hope this makes things pretty clear. For additional information, spend sometime going through the threads of this wonderful board.
Click to expand...
 
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