additional doc for I-140

[svmer]

Hello, dear friends.

I have a questions on I-140 and any response will be greatly appreciated.

My current employer which I have been working for almost three years is sponsoring GC for me. 140 and 485 were concurrently filed last December after a LC was granted. My lawyer received a recent letter from USCIS Vermont center asking for additional documentation.

The letter says "This documentation should show that the beneficiary has the required experience, training, education and/or special requirements as of the time of filing this petition." It states further that "If eligibility is based on experience or training, letters from current or former employer(s) or trainer(s)should be submitted." By the time of filing LC petition, I had been with the current company about a year.

My question is: Can I include the experience I acquired from my current employer in the requested documentation? Or only the experience prior to joining the current company is counted?

 

[mirium99]

Experience

Experience should have been obtained prior to joining the employer who is filing your petition.

Good luck....

 

[svmer]

mirium99

Thank you for your information.

 

[sivay]

Labor substitution

Hi,

If you are applying for I-140 with a labor substitution it is meant that you should meet the requisite experience by the time the labor has been filed.

ex:
1, if the labor was filed in 1998 with java as one of the requisite in the experience and you are trying to use the same labor for your I-140 applying in 2000 (let us say), then you should have experience in java atleast from 1998. even if you are java certified after that time frame it doesn't count.

2, If some labor was filed with MS completed and DBA certified in 1998. It is meant that you should complete both of these by that date(1998) to use that labor for filing your I-140.

This is my understanding from the discussions I had because mine was the same case.

 

[svmer]

Thanks a lot for your kind help, Sivay.