Experience and Category determination for I-140

M

mvkvr

Registered Users (C)
Hi ,

My company is filing concurrent I-140/I-485 application for me with Labour Substitution.

I have two questions that I need to clarify about the Work Experience in determining whether I fall in EB2 / EB3 category.

I have 4 years of work experience starting May 1996 till June '2000 in India.

I have started working for my current company in USA starting June'2000 and still continuing to work for them. My company filed the labour in Aug' 2002 and got approved recently. They are using that labour for my labour substitution.

My question is,

Option 1 : Does my current expereince prior to filing the labour with the current company in US ((i.e expereince from June 2000 to August 2002 ) plus my expereince in India which is 4 years count in determining my EB Cateogry (Total 6 years experience)

or

Option 2 : DO they consider only my past expereince which is 4 years in India in determining the EB Cateogry for I-140 application and not consider the current company experience at all. (Total 4 years experience)

or

Option 3 : Do they consider the my complete experience till date of filing the I-140 application (Which is 4 years in India + 4 years in US = Total 8 years experience)

Please let me know any inputs on this as I am sure many people will be having this question and need clarification.

Also , I am MCSE , MCDBA and MCSD with 18 months Advanced Diploma in Software Technology and Systems Management from NIIT and Diploma in RDBMS and 3 Years bachelor of Science degree .

How do you guys rate my chances of getting the I-140 approved ??

Thanks in advance to everyone who could throw some valuable opinions.

Thanks
mvkvr
 
Only experience gained PRIOR to joining your sponsor is considered in determining your eligibility. (Option 2)

EB2 requires a educational minimum of MS or equivalent. BS plus 5 years of progressive exprerience is also counted for EB3 if this equivalency is stated clearly in the job requirement in ETA-750.

You are better off applying under EB3, it does not really matter.
 
Thank you nkm .But I thought the current experience in US who is sponsoring the I-140 will also be considered in determining the EB category .

Since it is taking a long time to get the labour approved these days , It is not fair that they do not consider the work expereince with the Sponsoring Company for I-140 to determine the category.

Guys , Please give us a second opinion here.


Thanks
Vish
 
mvkvr said:
Thank you nkm .But I thought the current experience in US who is sponsoring the I-140 will also be considered in determining the EB category .

Since it is taking a long time to get the labour approved these days , It is not fair that they do not consider the work expereince with the Sponsoring Company for I-140 to determine the category.

Guys , Please give us a second opinion here.


Thanks
Vish
Click to expand...

Even if it is not fair, that is what the rules are and it affects everyone in this situation. The assumption is that the job was available either when Labor Certification was filed, OR when they hired someone temporarily to do the job (for example they hired you for that job temporarily, on H1) and the job requirements must be met by you on the day you were hired.
 
Go EB3

The EB2/EB3 distinction does not merely comes from your education and experience but also from the job requirement. If you file EB2 you will have to prove that the labor sub. that you are using is for a job that requries masters or equivalent.

Why bother when the dates for EB2 and EB3 are the same. You would hate to get a RFE and waste time to convert your application to EB3 if USCIS asks you to do so, won't you ?

I have more experience 10+ years and 4 year bachelor and a Masters degree still I went in for a EB3 in a labor sub., belive me it is easier in EB3 whatever the lawyer says ...


will_get_there
 
MCSE , MCSD and MCDBA Certifications

Thank you nkm and will_get_there .

Also I have one more question .

Does having certifications like MCSE, MCSD and MCDBA improve the chances of getting the I-140 cleared fast with RFE on experience and Educational Qualification.

Are they worth anything in the context of getting the I-140/485 cleared ??

Please throw some light on this .


Thanks
Vish
 
Share you love with others; move to "Texas Consolidated I140 Tracker" thread

Share you love with others; move to "Texas Consolidated I140 Tracker" thread
 
It depends upon the lawyer.

mvkvr said:
Hi ,

My company is filing concurrent I-140/I-485 application for me with Labour Substitution.

I have two questions that I need to clarify about the Work Experience in determining whether I fall in EB2 / EB3 category.

I have 4 years of work experience starting May 1996 till June '2000 in India.

I have started working for my current company in USA starting June'2000 and still continuing to work for them. My company filed the labour in Aug' 2002 and got approved recently. They are using that labour for my labour substitution.

My question is,

Option 1 : Does my current expereince prior to filing the labour with the current company in US ((i.e expereince from June 2000 to August 2002 ) plus my expereince in India which is 4 years count in determining my EB Cateogry (Total 6 years experience)

or

Option 2 : DO they consider only my past expereince which is 4 years in India in determining the EB Cateogry for I-140 application and not consider the current company experience at all. (Total 4 years experience)

or

Option 3 : Do they consider the my complete experience till date of filing the I-140 application (Which is 4 years in India + 4 years in US = Total 8 years experience)

Please let me know any inputs on this as I am sure many people will be having this question and need clarification.

Also , I am MCSE , MCDBA and MCSD with 18 months Advanced Diploma in Software Technology and Systems Management from NIIT and Diploma in RDBMS and 3 Years bachelor of Science degree .

How do you guys rate my chances of getting the I-140 approved ??

Thanks in advance to everyone who could throw some valuable opinions.

Thanks
mvkvr
Click to expand...


mvkr, usually the experience gained after joining the GC sponsoring company cannot be used for labor certification usage.

There is an exception however. If the labor certification is gained is at senior level position and the green card sponsor position is also for a senior position, then you could use the experience. The condition placed by USCIS is that you have prove that the two jobs were sufficiently different and more responsibilities are involved. This usually is a difficult stance to take.

But I would really suggest file for EB3 because currently it doesnot matter as priority dates for all EB cases are current.
 
mvkvr said:
Thank you nkm and will_get_there .

Also I have one more question .

Does having certifications like MCSE, MCSD and MCDBA improve the chances of getting the I-140 cleared fast with RFE on experience and Educational Qualification.

Are they worth anything in the context of getting the I-140/485 cleared ??

Please throw some light on this .


Thanks
Vish
Click to expand...

Hey Vish, there is no relation in what you are saying.

I-140 is a process in which the USCIS matched the individual (i.e. you) to a job that remain unfilled because of the lack of available US workers.

Qualifications donot have any bearing on the matter.

Unless you are going for EB-2 NIW case, having more qualifications than the minimum credentials stated on labor certification wont affect your case.

Also that even if you want to use the qualifications, you have to meet all the qualifications at the time of filing of labor certification ( for those that require labor certification - EB2 regular and EB3 cases) and not at the I-140 application time.
 
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