Approved labor question

ciril99,

i AM TRYING TO DO SAME, my lawyer keep saying that if ur EAD is cleared, u should get it, but got nervous couple of days back when some one mentioned that there is a check box which needed to be checked to be eligible to use combination of degree against a BE person, I could never find any such check box on Labor,

Also MSOMANI mentioned that his cousin's app got rejected for same reason, I have been trying to know if this happaned before he got EAD or after that but did not hear anything back.

I request again to discuss this issue as it might be real helpfull for few people.

thx all of you.
 
manoj
there was a query with my cousins Labour. His labour was filed for BE or equivalent but he was a BCOm with MBA from US and 3 years of experience. When the query was replied, his labour got approved but all the leading lawyers ( Murthy, khanna etc etc ) suggested him not to go ahead with 140 as it will get rejected. So he stopped there. If you need any other information let me know.

msomani
 
Dear msomani

Query in labor about BE and B.com, how that happens ??? How labor got cleared after answering this query reg. BE and B.com. Labor is not for person , it is for a company. Can you elborate your explanation little bit.

Thank you for your patience.
:)
 
It would be nice if Satvika can answer about what check box he/she talking about . This will help many ppl in the forum..:confused:
 
labor substitution, Help

Can anybody help please.
My labor was filed from Maryland in 2001. My consulting company has some approved labor, when I requested for substituion to be made they replied as foolws:

"For a successful outcome, we will need an approved application requiring only a Bachelors degree obtained on or before May, 2001. The apps we have now, require a minimum of a Bachelors, plus 5 years experience as of 2001."

My credentials evaluation meets as a bachelors. I have been working from 1998 for company A. Later moved to another company B who have filed my labor (present comapny) till present. Is the statement made by the atttorney true. Please help me with this issue. My labor is at regional level.

Thanks
 
msomani and Manoj

msomani, it depends how the wording on labor.
If labor says 4 yrs Bachelors and the person is 3 yrs bachelors and even a diploma, there is no chance.

Mine is like on labor, Bachelors or equivalent and in colum 15, Any
equivalent combination of educations/or experience substituted.

I have 3yrs bache in Maths, 1 yr dimploma and 12 yrs of progressive experience.

I checked with my attorney, she said i wont be getting any prob and mine is applied in EB3 in Vermont.
 
msomani and Manoj

msomani, it depends how the wording on labor.
If labor says 4 yrs Bachelors and the person is 3 yrs bachelors and even a diploma, there is no chance.

Mine is like on labor, Bachelors or equivalent and in colum 15, Any
equivalent combination of educations/or experience substituted.

I have 3yrs bache in Maths, 1 yr dimploma and 12 yrs of progressive experience.

I checked with my attorney, she said i wont be getting any prob and mine is applied in EB3 in Vermont.
 
ciril99,

yours is def a vary simple case, i would be surprised if u really get any prob to get this thrue,

in my case ,

Column 14 says

"Collage 4 yrs, betchlor's degree or equivalant"


column 15 which is special Requirment says

"Equilavant means varified by and recognized education evalution agency bla bla bla ",

my education eval. done just before filing says that i have 4 yrs equila, based on this what you think, i am asking u because u have done some home work and spoke to ur attorney lso, just wanna see what u think.

my attorney says that if u get EAD, u should get i-140 thrue

hope to hear from u

-manoj
 
Manoj,

I dont think you will get problems as long as you prove that yours is equivalent to U.S bachelors and you can and you did have your education eval which says equivalent to US bachelors. Doesn't it?

What i learnt from the Gurus and seniors is what ever done is done and if you keep on think about this, you will drive crazy(believe me I was also under same stress before). So take a breath and hope for good. And as a friend I hope and wish your case will get no problems.

One thing i notice is this type of specific cases gets approved in VSC and where as it is some what complicated in NSC.

I'm not attorney and as a friend just want to relieve your stress.

Take it easy.
 
Hi Manoj !

I donot want to scare you . But I suggest you to (a) Find a new employer who can sposor new labor which is same as your credentials .

The fact of the life is these days VSC is som uch scrutinising 140 Apps - that s why it is taking more than a year now ( which used to take 2 months before ).I have seen atleast three cases (with BSC pharmacy , BCOm + 1 year diploma ,BA +MBA) where they chose other alternatives such as leaving for canada etc , registering for B.S(csc) etc .

You may be optimistic waiting for your 140 till the end of this year . But if they raise RFE in oct 04 , if RFE is replied n Nov 04 ,
If they reject in March 05 , if you apply for Reconsideration in Jun 05 ...... the story continues . Basically you are wasting your time and trying your luck .

Basically you have to have a alternative paln . I am 70 % confident that your case will have some issues unless luck favours you verymuch that BIG day .

Ask your friends - not to get tempted by Labor Subs . This is how your lured by employers .

Good luck

Sunny
 
Hi Manoj !

I donot want to scare you . But I suggest you to (a) Find a new employer who can sposor new labor which is same as your credentials .

The fact of the life is these days VSC is som uch scrutinising 140 Apps - that s why it is taking more than a year now ( which used to take 2 months before ).I have seen atleast three cases (with BSC pharmacy , BCOm + 1 year diploma ,BA +MBA) where they chose other alternatives such as leaving for canada etc , registering for B.S(csc) etc .

You may be optimistic waiting for your 140 till the end of this year . But if they raise RFE in oct 04 , if RFE is replied n Nov 04 ,
If they reject in March 05 , if you apply for Reconsideration in Jun 05 ...... the story continues . Basically you are wasting your time and trying your luck .

Basically you have to have a alternative paln . I am 70 % confident that your case will have some issues unless luck favours you verymuch that BIG day .

Ask your friends - not to get tempted by Labor Subs . This is how your lured by employers .

Good luck

Sunny
 
Re: labor substitution, Help

You need the exact amount of experience as stated on the 750 for the approved labor at the time it was filed (not when they were approved). If the (approved) labor certs had been filed in 2001 and specifically stated that the position required BS + 5 years at that time, then you cannot use then, since you only had 3 years exp at that time (you say that you started working in in 1998). So the attorneys are correct in that you cannot use those.

However, your statement "requiring only a Bachelors degree obtained on or before May, 2001" implies that the attorneys have either an incorrect street resume for you, or have misinterpreted your resume, since theoretically, an approved LC filed in 2001 with 3 yrs of experience should work in your case.

I'm not sure which regional center your LC is currently at. Is MD that backed up at the regional level? If you've made it through the SWA(which used to take the longest time since Apr 2001), then the regional part should not take that long. Why are you looking at substitute LCs and stuff at this time?

K
Originally posted by ssh
Can anybody help please.
My labor was filed from Maryland in 2001. My consulting company has some approved labor, when I requested for substituion to be made they replied as foolws:

"For a successful outcome, we will need an approved application requiring only a Bachelors degree obtained on or before May, 2001. The apps we have now, require a minimum of a Bachelors, plus 5 years experience as of 2001."

My credentials evaluation meets as a bachelors. I have been working from 1998 for company A. Later moved to another company B who have filed my labor (present comapny) till present. Is the statement made by the atttorney true. Please help me with this issue. My labor is at regional level.

Thanks
 
PLEASE HELP!!!!!!!!!!LABOR SUBSTITUTION

Dear Friends,
I am planning to use an approved labor and file I-140/I-485.
The approved LC says
Bachelors Degree
and in the Major Field of Study Column it says
Computer Science Engg
and in the No of Years of Exp Required it says
2
That is all the LC says.There is no equivalent or any term like that.
Here is my qualification :
I have a Bachelors Degree in Electronics and Communication Engg.
I have 2 years of Expereince which matches exactly with the LC requirement as of the date the LC was filed.
What are the chances of getting my I-140 approved if i go for this substitution.
can somebody help me out and guide me how to proceed further.
Thanks
 
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