Subtituting Labor Certification of a Laid-Off Employee

E

exvyzed

Registered Users (C)
Hi All,

I need some advice on substituion of Labor Certification: Company 'A' filed and obtained a Labor Certification for Mr.'X', then due to layoffs in the company, Mr.'X' was laid off. Now, Is it possible to use Mr. 'X's labor Certification for Mr. 'Y'?? and file I-140 without filing Labor Certification for Mr.'Y'. Will it lead to any problems during I-140 process and its subsequent stages (say CP). In the meanwhile, the Company has also filed a Labor Certification Application for Mr.'Y'. Since the processing times are so huge, is it possible for Mr.Y to use Mr.X's LC.
If so, What will happen to the LC filed by Mr.Y. Can it (application) be taken back.

What are the other conditions to be met for this substituion if it is permitted.

Thanks in advance
 
Exvyzed ,

1. If INS knows Mr X. was laid off, it may RFE ( because... that future position is no longer available). But The company HR knows if they informed about X to INS. I know some people have done LC substitution similor to this with out problems.

2. It is preferable for Mr Y. to continue his LC processing even he files his I-140 using LC substitution. In future if there is a problem with LC substitution he can lean back on his own LC. If no problems some body else can use.

3. For LC substitution, rules are no different from standard I-140 filing..
--i.e the conditions specified in the LC should be met in terms of
1. Academic and Skills requirements as of the date of filing of LC. i.e Mr Y should have same or better skills & qualifications than Mr X. at the time of filing Mr X. LC.
2. In terms of Salary. i,e Mr Y. should be offered same or better salary than Mr X.
3. It's also preferable to have job title specified in LC.

Hope this helps. Good Luck.

GCINFO1971.
 
Just go ahead and file I-140

Our company bought another company last year and laid off a bunch people in that company. So we have a quite a few approved LC from the acquired company. The lawyer filed I -140 for people in our company using substitute LC and all of them got approved so far without any trouble, though all LC, for employees in our company using substitute LC, are still pending at the state level at this moment.

This is just my personal experience and I am not a lawyer. Take it at your own risk.
 
Thank You

gcinfo1971 & UTGC2002,

Thank You very much for your detailed replies. This has really boosted my morale in trying out this option as the State Labor times are so behind and would take forever and I am running out of time on my H1 too.

I had one more concern, what if a I-140 was already filed for that laid off employee and say approved too, but his I-485 was not filed? Can his LC be still substituted for another employee?
I appreciate your responses.

Thanks again,
EXVYZED
 
Hi exvyzed,

Even if I 140 is cleared and 485 is not filed ... the labor can be used. The labor Cert is 'taken' only if a GC is got based on that labor cert.

hope this helps.

Rajan
 
Thanks Rajan. One last question: Would it matter if this labor substitution (of the laid off employee) is used and a I-140 filed and take the path of CP instead of I-485? Could there be any potential problems at the Consulate in India when appearing for the CP interview going this path?

Pls advise.
 
I think it will better for you to consult an autorney ...for the plus and minus of going for CP with a substitute labor. I am not sure on those.

thanx.
 
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