How to calculate the working experience for Labor Certification Substitution??

S

SuperCooker

New Member
The Beneficiary Substitution of Labor Certification requires the new beneficiary meet the minimum education, training, or experience requirements on the approved Labor Certification. However, my question is: When is the cut-off date to calculate the years of my working experience for the substitution?
1. The acception date of this Labor Certification application?
2. The date when I joined the company?

I am doing the Beneficiary Substitution now. I have 3 years' difference between using 1 and using 2. I need your help ......

:confused:
 
before you joined the sponsoring employer

You should meet all the experience requirements before you joined your sponsoring employer. Any experience with the sponsoring employer can not be used for filing your GC.
 
07/15/2003 - The acception date of this Labor Certification application
08/13/2006 - The date before I joined my sponsoring employer

My lawyer said I can only count the experience happenning before 07/15/2003 (the acception date of this Labor Certification application), not 08/13/2006 (the date before I joined my sponsoring employer).

In my understanding of your words, I can use 08/13/2006. Please point me to some documents/website by USCIS or other official source.

Your help is highly appreciated!

self_file said:
You should meet all the experience requirements before you joined your sponsoring employer. Any experience with the sponsoring employer can not be used for filing your GC.
Click to expand...
 
Your lawyer is right. I do not have any references for the same.

I am pretty sure coz I got an RFE from USCIS for my I-140 asking me to prove that I had Java experience prior to Nov 2001 (day my substituted labor was filed). I joined the company on May 2003.
 
I got some information from my attorney. I posted it here for your reference. The cut-off date is the acception date of the LC application according to the Legacy INS Memorandum regarding Labor Certification Substitution Process, which is being following to date: Labor Certification substitution process as established by Louis Crocetti, Associate Commissioner of legacy INS, on March 7, 1996.

Substitution of Labor Certification Beneficiaries
Cite as "AILA InfoNet Doc. No. 96030790 (posted Mar. 7, 1996)"
Subject: Substitution of Labor Certification Beneficiaries
Date: 07 Mar 1996

But a lot of people used the day before their first day in the company as the cut-off, and they had no problem, while some people got RFE.
 
Hey United Nations, SuperCooker and Others,

If a person joined the company as a practical trainee (OPT based on MS in US) with all course work completed say in 2001, defended the MASTER's Thesis in 2002, and advertised and filed LC in 2003. LC is being filed as MS plus experince gained during GRADUATE ASSISTANT only. Experience gained during OPT is not counted. Could this be an issue at DOL, I-140, 485 or any stage. Would joining date or filing date be considered in this scenario. We could not find any similar situation in this forum and any feedback would be greatly appreciated. Thanks.
 
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