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cnathani
07-17-2007, 08:21 PM
I have filed for substitution in June 2007 with an Aug 2003 labor thru my current company. I have the receipt, but its not approved yet. But I have a EB2 priorty date of Dec 2005 from my previous company where I had my 140 approved.

So, I have two options now.

1. File with current employer using EB3 Aug 2003
2. File with old employer using EB2 Dec 2005

I am a little bit concerned with how the substitution would go. If that gets denied what the situation would be.. etc.

So, I guess my question is what is the general confidence level in labor substitution getting approved and is there any advantage in option 2 over option 1.

Thanks in advance for your replies.

smartboy75
07-17-2007, 08:33 PM
No offence..but how do you expect anyone to predict how a specific labour substitution will end up...

When the July bulletin says current go with the one which has the least chances of failure ..which means the one you already have approved....

How difficult is it to make this decision??

cnathani
07-17-2007, 08:52 PM
Well.. theres about 40k in salary difference. Getting 40k more now.

smartboy75
07-17-2007, 09:03 PM
Have you seen the Hindi movie SARKAR ( Sorry to assume you r Indian )...In that remember what Amitabh says....I will translate that for you....

Before seeing the current profit think about the future loss....

40K may be your current profit..but god forbid..if ur substitution has issues you may be stuck for a long time ...your potential future loss...

Think about it....

rustamehind
07-17-2007, 09:30 PM
I have filed for substitution in June 2007 with an Aug 2003 labor thru my current company. I have the receipt, but its not approved yet. But I have a EB2 priorty date of Dec 2005 from my previous company where I had my 140 approved.

So, I have two options now.

1. File with current employer using EB3 Aug 2003
2. File with old employer using EB2 Dec 2005

I am a little bit concerned with how the substitution would go. If that gets denied what the situation would be.. etc.

So, I guess my question is what is the general confidence level in labor substitution getting approved and is there any advantage in option 2 over option 1.

Thanks in advance for your replies.

Nobody can predict outcome of a substitute labour application , unless your credentials are very sound.(Educational degree & professional exp).I won't say it would be outrightly rejected , but I have definitely seen RFEs, mostly related with education & experience equivalence.

royus77
07-17-2007, 09:41 PM
I have filed for substitution in June 2007 with an Aug 2003 labor thru my current company. I have the receipt, but its not approved yet. But I have a EB2 priorty date of Dec 2005 from my previous company where I had my 140 approved.

So, I have two options now.

1. File with current employer using EB3 Aug 2003
2. File with old employer using EB2 Dec 2005

I am a little bit concerned with how the substitution would go. If that gets denied what the situation would be.. etc.

So, I guess my question is what is the general confidence level in labor substitution getting approved and is there any advantage in option 2 over option 1.

Thanks in advance for your replies.


EB3 Aug 2005 is almost as same as Dec EB2 2005..Ignore the substitution as you may be get struck in your !40 stage . Also once PP is opened you can bump up your Eb2 2005 labor and will be free in 180 days

dasrik
07-17-2007, 11:16 PM
I have taken labor substitution (PD Dec 2003) when I changed my employer. I had my EB2 (PD Mar 2005) in process at the time of change (2006). I was still waiting for certification, so I have decided to take up labor substitution. Thankfully, everything went fine (without any RFEs) and got my I-140 approved in less than 3 months for the substituted labor. After I changed my employer, I got my EB2 labor cleared which I already gave up. With my experience so far, my labor substitution was smooth.

In your case, no one can predict the outcome of your substitution. I am providing this information just incase it is of any use for you. If you are planning to stick with substitution, be sure that the skill set/experience on the labor exactly matches your skill set/experience. Your experience letter(s) should have listed the skill set mentioned on the labor.


I have filed for substitution in June 2007 with an Aug 2003 labor thru my current company. I have the receipt, but its not approved yet. But I have a EB2 priorty date of Dec 2005 from my previous company where I had my 140 approved.

So, I have two options now.

1. File with current employer using EB3 Aug 2003
2. File with old employer using EB2 Dec 2005

I am a little bit concerned with how the substitution would go. If that gets denied what the situation would be.. etc.

So, I guess my question is what is the general confidence level in labor substitution getting approved and is there any advantage in option 2 over option 1.

Thanks in advance for your replies.