Labor Substitution

[cbordu_111]

Hi guys, please move this question if it’s not in the appropriate thread. Firstly I would like to thank everyone on this forum for maintaining such a cordial discussion environment, it’s just refreshing to read the perspectives of everyone here. So here is my situation, I am EB2 India with a priority date of Dec 2010 (not married) and like many of the folks from India came here in 2002, got my masters in 2004 and have been working since in my field of study for the same firm (9 years now). A colleague of mine who works in my group, is also from India with a EB2 –I priority date of Sep 2008 has the exact same job responsibilities as me and is currently on EAD/AP got married to a US citizen a month ago and is now pursuing the immediate action GC option. He is giving up the EB green card. Now my question is the following, since we work in the same firm, same group, started at the same time and have the exact job responsibilities is there any way or law which can let me capture his priority date? He just told me this morning to ask our office immigration counsel (Fragomen) about this but before running this by them I wanted to see if anyone in this forum has an opinion about this.

[qesehmk]

Cbordu before 2007 this was called labor substitutuion. It was discontinued in 2007. Unfortunately this is not an option now. I hope im wrong on this one. Best wishes.

Hi guys, please move this question if it’s not in the appropriate thread. Firstly I would like to thank everyone on this forum for maintaining such a cordial discussion environment, it’s just refreshing to read the perspectives of everyone here. So here is my situation, I am EB2 India with a priority date of Dec 2010 (not married) and like many of the folks from India came here in 2002, got my masters in 2004 and have been working since in my field of study for the same firm (9 years now). A colleague of mine who works in my group, is also from India with a EB2 –I priority date of Sep 2008 has the exact same job responsibilities as me and is currently on EAD/AP got married to a US citizen a month ago and is now pursuing the immediate action GC option. He is giving up the EB green card. Now my question is the following, since we work in the same firm, same group, started at the same time and have the exact job responsibilities is there any way or law which can let me capture his priority date? He just told me this morning to ask our office immigration counsel (Fragomen) about this but before running this by them I wanted to see if anyone in this forum has an opinion about this.

[Kanmani]

I agree with Q that the labor substitution practice replacing the employee named in the labor certification with another is Eliminated with effect from July 2007. The information contained in a labor certification application is specific to a single employee and may not be modified after the labor certification application is certified.

After this rule the perm is valid only for 180 days from the day of certification, within the time period the employer must start the I-140 process, otherwise the perm labor certification is considered expired.

[HR3012]

Cbordu back in 2004 this was called labor substitutuion. It was discontinued around 2004. Unfortunately this is not an option now. I hope im wrong on this one. Best wishes.

Labor substitution was discontinued from July '07.

[qesehmk]

Thank you. Corrected.
Labor substitution was discontinued from July '07.

[cbordu_111]

As always, guys thank you so much for clarifying this. They don't make it easy in any way.