Urgent -- Info needed for Labour Substitution

I

I140user

Registered Users (C)
Gurus,

Here is the situation:

My friends is working for a company and they want to use a pre approved labour of their ex employee who left the company afer 180 days & 140 approved.

Is it safe/legal to use the labour on which the ex employees 140 was approved?

Thanks
 
Yes it is legal. As far as it being safe, that depends on the labor condition and how closely does your friends qualifications and experience match with the requirements in the LC. LC substitution has its inherent risks and one should go for it only if the experience and qualifications are a close match.
 
I140user said:
Gurus,

Here is the situation:

My friends is working for a company and they want to use a pre approved labour of their ex employee who left the company afer 180 days & 140 approved.

Is it safe/legal to use the labour on which the ex employees 140 was approved?

Thanks
Click to expand...
It would not be safe if the employee who left had filed 485 based on that 140 and if it is pending or approved by USCIS.

So check if a 485 is NOT applied based on the approved 140.

hth
dyno
 
I140user said:
It was a semi concurrently filed petetion and the 485 is still pending.
Click to expand...
In that case, that labor cannot be used for a new petition. The new petition will be denied.

hth
dyno
 
There are multiple views

Ask your friend to consult another lawyer say Rajiv on this.

It is possible that both of them will get approved if the employee who left actually uses AC-21.

If he gets approved without using AC-21, mostly your friend will get denied.

The only way to ensure use of AC-21 is to revoke approved I-140 so that USCIS issues NOID.

PLEASE REMEMBER THIS IS JUST AN INTERPRETATION AND I HAVE NOT SEEN ANYONE GETTING APPROVED ON AN ALREADY USED LABOUR - SO THERE IS ALWAYS A RISK.

IT DOES NOT MAKE SENSE FOR ME FROM USCIS'S PERSPECTIVE as in same labor can be used multiple time using this scheme and may defeat the purpose of labor.
 
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