Approved labor question

M

manoj2003

Registered Users (C)
This is a question related with concurrent filing of 140 and i-485.
My company is based in MA,they have an approved labor and they want to use it for me
original LCA was applied for a person who holds and BE in civil engg. and has 5 yrs of
expereince.

I do not have BE, I have three years of graduation,when i spoke to attorny he said if you have 3 yrs of degree and additional computer diploma from NIIT or sam ekind of institute,that would work,as a matter of fact I have NIIT and Aptech both,but I completed my NIIT diploma(18 months) before I completed my graduation,so attorny said that it would not be considered,but I have done my aptech diploma after my graduation,so based on what attorny told me,I will also have 16 yrs of education if INs entertain and recognize APtech as they do with NIIT,but to be honest with you I don't know if INS respects aptech s NIIT or not.

everything else is good,I have all skils original person had and i have more expereince then
he had.

can some one give me advise on this?
thanks a lot
 
Truly speaking, its the educational evaluation letter from an evaluation agency that will tell how many years of education you have and the interpretation. also look what is mentioned during the LC. Good luck
 
thanks I140

thanks for reply,yes that make sense,do I need to do a new education evaloution before filing?or my attrony will anyhow do it ,
how shall i approch,any idea?
 
first get your Evaluation done
then look at the approved LC if your skills match and you had that Education and EXP before the date that LC was filed
 
To be frank .. You cannot use that degree LCA.. becasue you dont have a degree .. you certainly fail in labour .. pls take care buddy .. If you really have concern about LC then go another state where processing is fast and get ..MAx , this is going to be another 3 months difference


Originally posted by ginnu
first get your Evaluation done
then look at the approved LC if your skills match and you had that Education and EXP before the date that LC was filed
Click to expand...
 
I think it is quite a RISK using SUB-LC where educational background does not exactly match , even though you have more experience than other person.

A RFE may come when evaluationg which section/category you may go under when filing I-140 using SUB-LC.

Please go your by attorney word and better take suggestion from other attorney, who does had practiced in these type of cases.

You can do your educational evaluation using one of them mentioned under AILA.ORG

use this link to contact : http://www.aila.org/exhibitHallViewer.aspx?bc=12#1171


________________________________________________________________
Note: I'm not an Attorney or Immigration law expert, So please act accordingly..
 
Labor Substitute

Hello Gurus,

Need your help. Iam in a situation that my company has offered labor substitution and i have question in educatinal qualification. I dont want to take any risk, since this my 5th year in H1.

Labor sub says for education - "BS or foreign equivalent "
major field of study - "comp Sci, Comp Eng or related field"
experience "2 years"

My background - "B.com 3 year degree + 2 years APTECH + 8 years experience"

Above labor was approved in 2000. Do you'll think this will work. Appreciate your great advise.

Thanks,
GC_waiting2Long
 
Forget about it...it will not work...my cousin had the same problem....he did BCOM and then MBA from US and applied against a BE labour....their was a query and eventually he got rejected....

take care man

msomani
 
In the original labour there is a check box saying that combination of degrees can be considered.If that checkbox is checked in the original labour then only u can apply for that.(even ur education evaluation stats both are equal unless that check box is checked in original labour u are not eligible if it is not checked then u should have the exact degree as mentioned in labour).
 
Re: Labor Substitute

Originally posted by GC_Waiting2Long
Hello Gurus,

Need your help. Iam in a situation that my company has offered labor substitution and i have question in educatinal qualification. I dont want to take any risk, since this my 5th year in H1.

Labor sub says for education - "BS or foreign equivalent "
major field of study - "comp Sci, Comp Eng or related field"
experience "2 years"

My background - "B.com 3 year degree + 2 years APTECH + 8 years experience"

Above labor was approved in 2000. Do you'll think this will work. Appreciate your great advise.

Thanks,
GC_waiting2Long
Click to expand...


first get your Evaluation done
then look at the approved LC if your skills match and you had that Education and EXP BEFORE the date that ORIGINAL LC was filed.



In the original labour there is a check box saying that combination of degrees can be considered.If that checkbox is checked in the original labour then only u can apply for that.(even ur education evaluation stats both are equal unless that check box is checked in original labour u are not eligible if it is not checked then u should have the exact degree as mentioned in labour)
 
Labor substitute

Thanks Satvika for your valuable reply,

Can you tell which check box are you talking in labor. Can you mention exact number in 750A that i have to look for checked or not checked. Does it says combination of degrees ?

Thanks
 
Satvika,

This is real valuable information, I did not know abt it, I would also request you to tell us exactly which check box is this.

friends, my nd is sep 26 th and i have exact same situation.

I m also B.com and aptech diploma, my attoney shared some thoughts before he filed for me

he told me that we will have to do a fresh education evalution and lets see if this says that ur education evalution is equal to 4 yrs or not (original labor is for BE), SO we did that and it says 4yrs education equal, etc etc.

my attorney said that while working on EAD application, they do a san of i-140 and if they feel that there is something wrong with i-140, they may issue and rfe on i-140 before issueing ead or may not issue ead at all, my argument was that they just do a prelim. sacn of i-140 and not a thorough one, i told him that they just check name address etc, he told me that "EAD" is work work authorization, it does not make sense for them to issue EAD without checking i-140 employment requirments, according to him they check exp,education req and salary req (so what is left then), anyways so i had no other option but to buy his words and trust him.

I got my EAD and AP without any problem, my attorney says that since u have got these 2 without any issue, u should get i-140 also with no probs,but there is no guerentee, but i really did niot know abt this check box thing,

is there any one got rejected on this reason after getting EAD?
plx share your views

thx

-manoj
 
This is what is mentioned in my original labor... in column 14 and 15, attorney sayas that these 2 columns make diff.


Column 14 has the education details fo actual person
=========================================
Collage degree required : "Bachelor degree or equivalant*




Column 15 has heading of "Other special requirment" and it reads as
==========================================
* Equivalant means a degree determined by a recognized credential evalution service to be the equivalant to a bachlor degree from an accredited US collage or university



Attorney says that this is the column they look on , is this the column we are talking about?

I would request you guys to share your thoughs on this topic, it may help me and others to save lot of time.

also, did any one get rejected after getting EAD?

looking forward to hear from others.

thx

-manoj
 
In column 14 - for "college" - what is that column refers to ? Anybody has an idea. If marked "Yes" or "X" what does it refer to....
 
thats how it looks in my document...


14. "state in detail minimum education...."

Education Grade School High school Collage
(enter
number of yrs)
-------------------------------------------------------------------------------
X X 4

-------------------------------------------------------------------------------
I think this means that job requires "grade school","High school" and 4 yrs of collage, not sure about "Yes" though, can we have "yes" in any of those columns? I think it is jut "X" or nothing.

any one any thought on my situation?
any senior member or member?

thx
 
Hi friends:

My education is 3 yrs bachelors in Maths, Physics and Chemistry and 1 yr diploma in computer applications and 12 yrs of IT experience.

my attorney mentioned on ETA-750 form,

in column 14,

BS degree or Equivalent*

and in column 15,

"*Any equivalent combination of education and/ or experience may be substituted"

like i said, i have 3rs bachelors, 1 yr diploma and 12 yrs IT experience. I do have all experience letters and i submitted.

Mine is EB3 and filed in Vermont center.

Any issues that i may face in I-140?


Ciril99
 
Last edited by a moderator:
ciril99,

URS CLEARLY says that combination of degree can be used, so u must have no prob, mine says equal bla bla bla, just wondering abt myself.


what is ur ND? did u get ur EAd?

trying my best to get some input from senior guys so that i can decide abt my future

thx
 
Does "YES" in column 14 means - requires just bachelor degree either 3 yrs or 4 yrs ? It is just guess only...somebody should through light on this:confused:
 
Manoj,

Mine is still in DOL. I just wanted to share some information when i was going through the threads.

Since yours is cleared with EAD and AP and hopefully mine will to get cleared when i filed I-140.

Thanks,
 
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