Do you know of anyone in your friend circle who has recently used labor substitution ? Since the program is coming to an end, looks like lawyers are trying to make max utilization of it. I have read conflicting opinions of it on the net –
1) According to this forum http://www.immigrationportal.com/archive/index.php/t-222283.html
Had an I-140 ever been filled before you on the labor you have substituted?
If answer is NO then you should get original LC PD as your I-140 PD.
If answer is YES then I am very positive you will get I-140 filing date as your I-140 PD.
2) But according to this site http://www.greencardapply.com/news/news05/news05_0308.htm
The priority date is not only “alien-based” but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date.
If you know anyone who has done labor substitution recently, then please ask what priority date did they get.
Thanks.
Just saw this Murthy.com
http://www.murthy.com/rumor.html
Rumor : The labor substitution process has ended (or will end April 15, 2007). Posted Feb 04, 2007; updated Apr 06, 2007
Clarification : Labor substitution is still possible. What has happened is that the Department of Labor (DOL) regulation, which seeks to end or severely restrict labor substitution cases, has moved from the DOL to the Office of Management and Budget (OMB). This means that there is increased potential for such a regulation to become effective in the near future. However, the law on labor substitutions remains unchanged until such time as the regulation becomes effective. More information on this can be found it our February 02, 2007 NewsFlash. While the OMB generally has 90 days to review a proposed regulation, this does not mean that the regulation becomes effective on the 90th day. The OMB could ask for an extension, and, once they complete the review, the regulation must be returned to the DOL and then published in the Federal Register. The effective date would be stated in the Federal Register, and would not necessarily be an immediate date. More information can be found in our April 6, 2007 MurthyBulletin article, Still No Set Deadline for Elimination of Labor Substitutions.