when can a company apply for I-140/I-485 using pre-approved labour

D

desi_bunda

Registered Users (C)
Hi Guys

I had a general question. I have this offer from Company B who have agreed to transfer their pre-approved labour and apply concurrently for I-140/I-485/EAD .

Now my concern is that after how much time can they apply for my I-140/I-485 ?? Can they file the next day they do my labour substitution ??

Do labour substitution means they send my application for labour is send to INS and they process it differently as it is a pre-approved labour . In that case how much time does INS take to validate the pre-approved labour ? Is it within a week or 1 month or what ?

- Desi Bunda
 
can do it immediately...

DesiBunda,

I am not sure what kind of relationship you have with the new compnay, but technically speaking they can do it any time since GC is for future job. My company took 2 months to file a substitute labor promised to me when I was joining them They took two months for some internal GC queuing.

INS does not do anything special with substitued labor if the 140 is filed with labor certificate. After filing my I140, my company got the receipt in a week and then I filed 485 a month later and got receipt in a week again. So on this basis I am saying that for preliminary processing, INS does not do anything special for substitute processing.

will_get_there
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Just an opinion, not an advice.
 
Hi will_get_there

Does it mean that by the time the company files I-140 with a substituted labour , all the requirements for the substituted labour have been met (like educational qualifcations and skill sets match etc) and verified by the INS or is it that INS checks the qualifications and skill set match sometime during I-140 processing .

- Thanks

Desi Bunda
 
If you file 140 and 485 together, INS will do a basic check of 140 to make sure that I140 is not a fraudlent application and if it is OK then issue 485 receipts etc. ( or EAD/AP)

However if u just apply 140, I am not sure if this will happen.

INS does the detailed check only later when they are ready to adjudicate the 140 so you may get RFE later.

This is my understanding of the process.

will_get_there
-------------------
Just an opinion, not an advice
 
Hi will_get_there

Thanks for the info !!

Some companies apply for I-485 only after getting I-140 receipt which takes i guess 2-3 weeks . So if I-485 was applied 2-3 weeks of I-140 was applied then is it considered concurrent processing ??

My future wants to do it that way (I dont have any clue as to why though )

Any Thoughts ???

- Desi Bunda
 
As of I know its still considered as concurrent filing. Better file after April 30 as it seems the new memo suggests concurrent filing after April 30th will be processed real concurrent way, meaning both the I-140 and I-485 will be processed together at the same time.
 
rk4gc said:
As of I know its still considered as concurrent filing. Better file after April 30 as it seems the new memo suggests concurrent filing after April 30th will be processed real concurrent way, meaning both the I-140 and I-485 will be processed together at the same time.
Click to expand...

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My I140 got denied - Reason Company ability to pay wages.

My company is small..i.e it now has just me as their emplyee. Can I use my approved labor and switch company that has a strong financial background. Maybe a dumb question, but at this stage I am willing to ask anything if someone could help me.

Thanks
 
labor belongs to company

The labor is not portable across jobs since it belongs to one company. I don't think it is possible to use one company's labor in another company job. If u have little time left on H1, look for a company with matching labor that you can use as substitution.

will_get_there
 
will_get_there said:
The labor is not portable across jobs since it belongs to one company. I don't think it is possible to use one company's labor in another company job. If u have little time left on H1, look for a company with matching labor that you can use as substitution.

will_get_there
Click to expand...

Thanks will_get_there.

I am in a very precarious situation. My H1 is expired, I was on EAD with my company with I485 pending that was applied concurrent with I140. Not sure as where I stand right now ??? Is there any hope for me..??
 
h1 is the best option...

You should do two things immediately. File H1 through your company and file an appeal for 140 denial. To be on safe side, file H1 with premium processing fees and use a Lawyer. I have heard that people who have held H1 in past, are not counted under cap so you may get ur. H1 in 15 days. If USCIS denies ur. petition, then you are counted out of status since the day ur. 140 was denied.

Go to murthy.com on mondays from 9 to 10p.m EST and ask this question on what should you do now and how will USCIS handle ur. H1 application now ?

will_get_there
 
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