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Approved Labor:Need help to make a decision

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  • Approved Labor:Need help to make a decision

    Hello,
    I am Rupa Sarma, a new member of this forum. I always used to read the postings here and they were quite informative. Now, i am at a situation where i need some input on my case which is a little complicated i think.

    I have been working for company A which filed a labor in RIR ages back and it went to backlog center. I am on my 8th year extension as such (which i got based on my pending RIR case).
    Also company A has started working on filing a new labor through PERM.

    Now, company B is offering me an approved labor.
    So, here are a couple of questions.

    1) How do i know that the approved labor offered to me is genuine (not already being used for somebody else)?

    2) How can i know the track record of the company B?

    3) What is the right time to join company B?
    Just join them now and file I140 and 485? or file I-140 and 485 as a future employee and then join them after getting EAD? or join them after getting the EAD and the approval of I-140?

    They are asking me to join them immediately.
    But i need to know what time is best to join them so that i will be very safe.

    4) The qualification and experience mentioned in the approved labor is a perfect match as such.
    But there is a salary difference between what I am getting now (85K) and what is mentioned there in the approved labor (100k). What will be the impact of this on the I-140 and/or 485 approvals?

    5) What are the pros and cons of concurrent filing (applying I-140 and 485 at the same time) over applying 485 after I-140 approval?

    6) Can I file I-140 and 485 from two different employers at the same time (if my labor from the backlog center gets approved after I file I-140 and 485 using the approved labor of employer B)?

    7) How do I know whether the approved labor is of EB2 or EB3 category? They showed me a copy of it.
    But at no place, its category was mentioned.

    Any valid input to these questions will be of great help to me in deciding which way to go.

    Happy week end.
    Rupa Sarma

  • #2
    How long has your RIR been in process for? And when did it get sent in?

    Comment


    • #3
      I did not know you could transfer labor certification to other person. you said company B is offereing you an approved labor certification? can you elaborate please. thanks

      Comment


      • #4
        Originally posted by lemlem
        I did not know you could transfer labor certification to other person. you said company B is offereing you an approved labor certification? can you elaborate please. thanks
        Rupa is right; when an employer applies for an LC, this LC may be used for *any person* who is working in the same position as the person for whom the LC was originally meant.

        Say a guy XYZ is a Systems Analyst in company ABC, and ABC files his LC. While the LC is being processed, XYZ quits his job and the company hires a new fellow, JKL, to replace him. Well, JKL can use the LC that was filed for XYZ!!

        Comment


        • #5
          PERM LC Filed- Is it wise to accept a preapproved labor?

          Hi,
          My husband's employar has filed hi LC through PERM on 3rd Oct and it's pending. But, today we came to know that, the same employer has some pre approved labors with dates back in 2000 and 2001. So, is it wise to accept that preapprived LC and cancell the PERM? How long will it take the whole process to transfer the pre approved LC and to file I140 /485? My huband is under EB2 catogory.

          Please give your openion and help!
          Thanks.
          -Ajbu

          Comment


          • #6
            Cancelling PERM filing and opting for Pre=approved after 9/30??

            Originally posted by ajbu
            Hi,
            My husband's employar has filed hi LC through PERM on 3rd Oct and it's pending. But, today we came to know that, the same employer has some pre approved labors with dates back in 2000 and 2001. So, is it wise to accept that preapprived LC and cancell the PERM? How long will it take the whole process to transfer the pre approved LC and to file I140 /485? My huband is under EB2 catogory.

            Please give your openion and help!
            Thanks.
            -Ajbu

            Hi,

            My understanding from attorneys, immigration fora, etc are that the Pre-approved labour is no more valid after 9/30/2005, since those with pre-approved labor are required to apply for I-140 & 485 before 9/30/2005 as directed by INS. In light of the above, it is prudent to keep PERM and not to opt for Pre-approved.

            NOTE: This is not a legal advice. Use at your own risk!

            Comment

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