1 factor not matching Labor substitution

K

kewlmarc

Registered Users (C)
My Company recently approached me saying they have a Labour approved case filed in April,2000 and having the same software skillsets I have.So it will be a simple case of substitution and I can simultaneously file I 140 and I 485 if I file now.
Here's the twist
I found out the Labour case which I'll be substituting has a difference of work experience of one year,I had 4 years of work experience in that field and he had 5 at the time of applying for Labour(April/2000).We both have same Bachelor's Degree in Engineering and an exact job description,matching salary,but I guess the case would change to EB3 from EB2.Will there be any problems if I file for EB3 categaory even if the Labour was for EB2 category.

What sort of documents do we need to send to Ins for filing 140
for a case like this? How should the letter from my employer to INS be worded for substitution?

Answer to the above queries would be a great great relief.


Thank you all.
Marc

kewlmarc@yahoo.com
 
Marc,

What were the REQUIREMENTS for the position listed on the ETA-750A? If the job as advertised, submitted and certified required a Bachelor's Degree and 5 years experience you were NOT qualified for the position and you cannot substitute since you were not qualified at the time. Had a US worker applied for the position with your qualifications, they would have been deemed unqualified for the position. You will be in the same situation unless you met the requirement stated on the ETA-750A. The other alien's qualifications are irrelevant.
 
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