Using aproved LC of another employee

#1
Hi All,

I am reposting this as I haven\'t seen any response so far,Please someone share their experiences.

I need your suggestions or experiences in using another employees LC.Mine is A NON RIR case and I have a colleague who has an approved LC under RIR who longer requires this LC because my colleague got green card through Spouse. In this case our DOT code are different,mine is Programmer Analyst and my colleagues is Software Engineer. Can I use this LC for me and file for I 140.In order to use this what are the steps and rules I need follow,Or do I need to file another case with SESA for same job code as approved LC and use it. Please advise.
 

Just$$

Registered Users (C)
#2
Unused Labor to file 140

It is as below to the best of my knowledge, still better confirm/consult with a lawyer:
P1 - Person whose labor is approved and unused
P2 - Person who wants to use this unused labor to file 140.
1>. P2 should have atleast 4yr degree + proper completely documented 5 years experience or more + same skillset or more complex, level of complexity should be similar as P1 with exact terms.
2>. P1 may have higher and better experience, but P2 should have good enough to qualify for EB2 Category.
3>. If unused labor is in same calender year, its fine, so it reflects the almost latest labor market req., maybe some probs if
very old unused labor.
4>. Approved labor should not have been used to apply for 140 before,
for ex: if P1 used his approved labor to apply 140 and then quits, then P2 cannot apply for 140 using that labor.

Thanks
 

mitwaa

Registered Users (C)
#3
i got mine done thru a labor substitution. 140 is approved now..filed for 485 in CA.. waiting

company A had a labor approved for personA with a set of qualifications ( EB2, RIR)

person A quit company A midway.

My attorney substituted the labor application - which is always for a particular position, experience - and i got my 140 approved after a RFE to provide proof that person A really quit, financial info from Company A, etc.

now i have filed for 485 in CA and waiting.

pls let me know if u have any further questions.
 
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