View Full Version : How Risky is Labor Substitution? Interesting One.

02-11-2007, 08:15 AM
My friend has I-140 Approved Petition under EB3/Dec 2002.
Another employer offered him an approved Labor (EB2/July 2006) which enables him file I-140 immediately and upon I-140 Approval, he would file I-485 using his existing Priority Date (Dec 2002) along with H1B extension (Attorney advised him not to file concurrently as it may confuse authorities).
He is in the 8th year of H1B.

How risky is this business if skills on approved Labor are not fully matching with the resume?

Also, the new company offered him to join only after I-140 approval. Not sure what are the things scrutinized at I-140 and I-485 stages.

02-11-2007, 09:38 AM
Labor substitution is going to be removed by USCIS and very appropriately. So it is risky business.

02-11-2007, 10:13 AM
Why do this?
If he's already got 1 I140 with older date.. got thro' process once again.. Apply thro' PERM and get EB2 the right way and then get GC in 6 months!

02-11-2007, 01:14 PM
Assuming his I-140 gets rejected, is it going to impact his current EB3 process ? Remember, he is going to be on board with the new company only after I-140 process. By the way, new Labor will take atleast 5-6 months. Advertising, etc