Using AC21 with substitute labor

F

finallygetgc

Registered Users (C)
Ginnu, RealCanadian, other gurus -

In December 2006, I applied for I-140 / I-485 using labor substitution (with PD in 2001, EB2). Couple of months later, I upgraded it to premium processing (since our company lawyers filed with original labor), and it was approved 2 weeks later.

I have heard that there has been some denials while using AC21 when labor susbtitution was used. Though those cases did not have original (substituted) labor.

I will really appreciate insights on the impact of labor sub case while using AC21. My own labor was applied in feb 2003, but it didnt get approved for a long time (it was stuck in PBEC), and hence our company lawyers helped me out with a substitute labor.

Thanks a lot, guys !

-Regards,
"finallygetgc"
 
using AC21 with Sub Labor

I am also in same boat..

In Feb 2007, I applied for I-140 using Subtitution Labor(with PD in 2001, EB3). & it's Approved in 5 days..

I filed I-485 in July 2007 , I am planning to use AC21 after 180 days of Receipt Notice, Experts can you please provide an advises on This.. I will really appreciate your responses on the impact of labor sub case while using AC21.

My Own labor was applied in Apr 2004. I got my labor after I use the Substitution due to Backlog mess..

Appreciate your Responses..

-Regards
Suresh.
 
Ginnu, RealCanadian - Need your thoughts !

I had consulted one of the reputed law firms to get clarity around different issues related to the overall GC process, and in particular, on this issue, he mentioned that he had seen one denial in I485 since AC 21 was used, and that the copy (NOT original) of substitute labor was used.

Ginnu, RealCanadian, others - Really appreciate if you can share your thoughts. I think there are many many folks in the same boat.
 
Future employment

Hi Gurus

Iam working for Company A. My GC is being processed by company B.Iwant to swith to comapny B and work.I applied for EAD aslo.

1) When can I start working for company B. Does AC21 applies to me.Does AC21 is related to any job change or chaning job fron the GC Sponsor.

2) Go I need to inform CIS about this change.

3) In LC salary is defined as $xxK. But I may get more than that. Does this will be a problem if they check my paystub and W2.

Thanks in Advance.
 
finallygetgc said:
I had consulted one of the reputed law firms to get clarity around different issues related to the overall GC process, and in particular, on this issue, he mentioned that he had seen one denial in I485 since AC 21 was used, and that the copy (NOT original) of substitute labor was used.

Ginnu, RealCanadian, others - Really appreciate if you can share your thoughts. I think there are many many folks in the same boat.
Click to expand...

The scenario - pointed out by the law firm - is interesting. The reasoning is fairly simple....Why did the employer file labor substitution based on copy of substitute labor (and not original labor)??
Firstly, USCIS does not encourage such behaviour - unless it's a classic case of lost paperwork - in which USCIS does provide some leeway! But the other possibility is that the employer used the labor for somebody else and is now trying to reuse the same labor for somebody else....which could be fraudulent if the I-140 is not revoked...... Even, if the I-140 is revoked by employer - it's still not clear if USCIS will allow the original guy (who used AC21) to get GC and the substituted guy to get GC as well (2 GC's per 1 labor)???

U see, I485 could get denied for a variety of reasons, (1) Fraud in Labor or I-140 documentation or misrepresentation, or (2) out-of-status in US for more than 6 months etc...
Without knowing the actual reason of denial for the I-485, from the law firm......you might just be assuming too much - if you blindly assume the cause to be labor substitution! Every I-485 is provided with a clear reason for denial....Ask the lawfirm - what's the reason for denial....


A Labor is nothing but a certified notice from DOL certifying that the skillsets shown on labor are a shortage in the US labor market....It's just a certificate of skills.....so be it Original or Substitute makes no difference.....



-------------------------------------------------------------------
Rememeber, I am just a layman.....giving in my free opinion....
 
Last edited by a moderator:
gc09292003 said:
Hi Gurus

Iam working for Company A. My GC is being processed by company B.Iwant to swith to comapny B and work.I applied for EAD aslo.

1) When can I start working for company B. Does AC21 applies to me.Does AC21 is related to any job change or chaning job fron the GC Sponsor.

2) Go I need to inform CIS about this change.

3) In LC salary is defined as $xxK. But I may get more than that. Does this will be a problem if they check my paystub and W2.

Thanks in Advance.
Click to expand...


1) U can work for your employer whenever you want.......
Legally, filing GC for future employment means that you plan to join employer B upon approval of GC.........

2) No need to inform CIS
 
Well, I never heard of informing CIS that you are working for the same employer B - who filed for your GC....

Most folks inform USCIS about switching to new employer C - after 180 days of I-485 filing...
 
banta4gc said:
The scenario - pointed out by the law firm - is interesting. The reasoning is fairly simple....Why did the employer file labor substitution based on copy of substitute labor (and not original labor)??
Firstly, USCIS does not encourage such behaviour - unless it's a classic case of lost paperwork - in which USCIS does provide some leeway! But the other possibility is that the employer used the labor for somebody else and is now trying to reuse the same labor for somebody else....which could be fraudulent if the I-140 is not revoked...... Even, if the I-140 is revoked by employer - it's still not clear if USCIS will allow the original guy (who used AC21) to get GC and the substituted guy to get GC as well (2 GC's per 1 labor)???

U see, I485 could get denied for a variety of reasons, (1) Fraud in Labor or I-140 documentation or misrepresentation, or (2) out-of-status in US for more than 6 months etc...
Without knowing the actual reason of denial for the I-485, from the law firm......you might just be assuming too much - if you blindly assume the cause to be labor substitution! Every I-485 is provided with a clear reason for denial....Ask the lawfirm - what's the reason for denial....


A Labor is nothing but a certified notice from DOL certifying that the skillsets shown on labor are a shortage in the US labor market....It's just a certificate of skills.....so be it Original or Substitute makes no difference.....



-------------------------------------------------------------------
Rememeber, I am just a layman.....giving in my free opinion....
Click to expand...
Hi Banta4gc - thanks for the thougths. The I485 denial (that the lawyer mentioned to me) was primarily due to substitute labor. I guess it must have been deemed as fraud or misrepresentation.

Can you guys help me understand this bit better ?

* what is misrepresentation ?
* if someone is in-between jobs (after 180 days post I485 + approved I140) for less than 6 months, what are the possible implications on I485 ? Does it get more likely to be denied ?
* extending the previous question, what if someone is still looking for a job at the time of I485 approval ? Is this a concern only at the time of citizenship, or there is a random audit at USCIS to detect such cases, and these cases are considered for possible GC revoke ?
 
finallygetgc said:
* what is misrepresentation ?
-- Filing 2 GC's on one labor/ any other issues. Could be any kind.
* if someone is in-between jobs (after 180 days post I485 + approved I140) for less than 6 months, what are the possible implications on I485 ? Does it get more likely to be denied ?
-- Less than 6 months should be okay.
* extending the previous question, what if someone is still looking for a job at the time of I485 approval ? Is this a concern only at the time of citizenship, or there is a random audit at USCIS to detect such cases, and these cases are considered for possible GC revoke ?

-- USCIS may send an EVL to confirm your employment with employer. This would be in the form of RFE. If everything is okay, there should be no issues.
Click to expand...

You need to find out whether the labor was not used for someone else. If yes, you could have issues down the road.
 
You must log in or register to reply here.
Top