Labor Substitution

[H1Transfer]

What is the name of your state? NY

Hello Lana,

One consulting company approached me and said that he has preapproved labor from Nov 2004 which matches with my qualification and experience.

1. In case If I want to go ahead with them, Does the labor substitution has to be approved by July 16th 2007 or it has to reached USCIS by July 16th.

2. The Labor substitution has to be filed with DOL or USCIS?

3. Can I file for Labor substitution,I-140 & I-485,EAD & AP all together as the dates are current now.

I appricaite your help,

 

[ImmigAttyLana]

It has to be filed before July 16th.

The labor substitution is nothing more than filing the I-140 on the basis of the labor substitution and that is filed with the USCIS.

You can file it concurrently with the I-485 but I would only suggest doing so if you feel that the labor substitution is very strong and likely to be approved.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[H1Transfer]

Hello Lana,

Thanks for reply. Do I need to have the experience and qualification mentioned in the labor certificate when it was first approved? Or it is sufficient if I have, when the labor substitution is applied for?

Appreciate your help!

 

[ImmigAttyLana]

You have to have all the requirements stated in the labor certification AS OF THE DATE OF FILING of the original labor certification since you are literally stepping into the shoes of the original beneficiary of that petition who would have had to have satisfied all the requirements prior to the filing.

Please let me know if you have any additional questions or how I can beof further assistance to you in this matter.

 

[gpulluri]

Years of exp in labor substitution

My company has a preapproved labor which they are planning to substitute with me.
The date on the old labor is 25 mar 2005 and the years of exp is 1.Even though I meet all other criteria I am falling short of the 1 yr exp by 20 days. This is bcoz I completed my college on 8 April 2004. Is there a way I could still use this labor ?
I was doing an internship when in college. can I use that experience ?

Please advice.