Unapproved Labor Substitution Risk

[greatguy]

A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

Incidentally, How many applications are there in the backlog processing center by priority year ?

[Jimi_Hendrix]

Man at least show some respect for people on this forum. Your tone is more like you are speaking to a paid attorney.

[perm2gc]

Originally Posted by greatguy

A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

Incidentally, How many applications are there in the backlog processing center by priority year ?

Check USCIS about the labour substitution and if they find that you are no fit then they may deport you... 500,000 people are in line and your post says you might be new one who wants to get in the middle of the line..CareFul Watch Out

[nixstor]

I mean why the hell are people on this forum asking for Labor substitution. I mean people are still so narrow minded that they want to get it done for themselves and dont want to bring a change in the system.

How ever they complain about the system which they abuse/intend to abuse

[greatguy]

#2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.

Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?

[retropain]

greatguy, you sound like a great guy. But honestly the idea isn't too great...especially nowadays with such much immigration scrutiny, tightening of regulations, deportations, etc. A five year old labor sub, that too unapproved, isn't going to be approved easily...maybe you should file a PERM based petition and get that approved in a month or two and that way atleast you secure a 2006 PD. If some relief comes in, you're wait shouldn't be too long...

[boreal]

Originally Posted by greatguy

#2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.

Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?

Please dont do this to all ppl waiting in the line.
Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...

[sbabunle]

Hello GreatGuy
You can be a lil more cordious and polite
At least if you expect somebody to answer your question.

Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.

Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.


On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.


Good luck GREAT. I expect you to be a lil more polite on these
forums.

[BumbleBee]

Not sure whats stopping from this regulation to come in to effect

http://www.ilw.com/articles/2006,0314-guevara.shtm

http://www.murthy.com/news/n_subupd.html

I wish if they publish the regulation soon, out of those 360K labor pending, half of the employees must have left the company.

If the system doesn't change than may be its best to change ourselves to suite the system .

<Joke>
Does anyone have approved/upapproved labor of 2001 and looking for subsitute candidate???? Please contact IV at blah blahh.. </Joke>

never mind, just evening frustration!!!!!!


BumbleBee

[boreal]

Originally Posted by sbabunle

Hello GreatGuy
You can be a lil more cordious and polite
At least if you expect somebody to answer your question.

Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.

Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.


On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.


Good luck GREAT. I expect you to be a lil more polite on these
forums.

Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!

[retropain]

desi companies that operate like this are in deep s**t