Using already approved labor.. IS that okay?


Registered Users (C)
I am trying to start green card with a prospective future employer.

The employer says that he can file I140 directly, as he has an used labor certifcation which was approved for a guy in EB2 category.

They did not file I 140 for that guy, as he had quit.

Is it okay to get started with I 140 and get going? Is there going to be a catch in making up my experience to match EB2. I have a Masters and have over seven years of work ex. My masters degree has been evaluated and is equal to a masters in the US.

I did not know that such a thing can be done..

Your inputs would be of great help.. Thanx


Registered Users (C)
Yes it can be done!

Hope it not too late.
If you\'re experience and education match the requirement in the LC application you can file for the I140. The LC belong to the employer and not to the future GC holder.


vasu pichika

New Member
Hi Pulo, could you please give me your contact number. I need help.

Hi Pulo, could you please give me your contact number. I need help.
I am in desperate situation.


Shivane Sharma

Case Manager
Labor Cert. substitution is possible

A. Yes. Substitution is possible if the employee who wishes to substitute was fully qualified for the position as described in the labor certification as of the date of the filing of the labor certification.

Let us say the labor cert was filed on 1/1/2000. It required someone with BS+2 Years Experience in Corba and COM/DCOM based DCE.
In order to substitute, the qualified candidate must possess AS OF 1/1/2000, BS + 2 Years Exp in Corba/COM/DCOM.

Law Offices of Rajiv S. Khanna, PC