I-140 experience short?

W

waiting_toolong

Registered Users (C)
Hi all,

I joined my firm in Nov 2001 and at that point had just over 4 yrs experience (after 4-yr undergrad degree). At the time of filing LC (Sept 2002), I made a mistake and included internship experience gained during undergrad years. The labor was filed for 5 year requirement and got approved earlier this year (Feb 2007).

My I-140 has been applied in EB3 category. Is there a chance of denial due to inadequate experience before joining firm? I have provided all experience letters (including the one during undergrad).

Can experience gained on the job before labor is applied be taken into account?

Thanks much!
 
my question really is whether the fact that I do not technically meet the LC requirements cause a problem? LC states undergrad + 5 years of experience. I only had 4 years experience when joining the firm.
 
waiting_toolong said:
my question really is whether the fact that I do not technically meet the LC requirements cause a problem? LC states undergrad + 5 years of experience. I only had 4 years experience when joining the firm.
Click to expand...

This is indeed a problem... One of the criteria for I-140 approval is that beneficiary should meet the LC requirements. I don't know what the solution is.

Talk to your attorney. File another perm immediately, in EB2 with a new employer!
 
I mailed my app for I-140 on 6/30 this year. Unfortunately my firm does not give me the receipt number. Any idea how long the estimated time for a response would be? I have not heard anything yet. Anyone seen any similar situation for I-140 EB3 before? Pls help
 
Once Labor is cleared, I think u dont need to worry. Thats a done thing.
For I-140, the requirement is clearing labor, and u did that. I really dont think INS has time to check if you met labor requirements when they are working on I-140, or if they will be checking on H1 requierments backwards,

In case of an issue, going to a very well reputed law firm and making sure a very good attorney is handling the case is important,. I had a much bigger issue and changed my attorney and that helped me.
Thanks,
Sunnyz
 
sunnyz54321 said:
Once Labor is cleared, I think u dont need to worry. Thats a done thing.
For I-140, the requirement is clearing labor, and u did that. I really dont think INS has time to check if you met labor requirements when they are working on I-140, or if they will be checking on H1 requierments backwards,
Click to expand...

Get a clue and stop spreading misinformation.

LC only checks that no American wants/needs this job. Beneficiary's credential aren't even checked at the LC stage. Two main criterion for I-140 approval are:

1. Applicant's education and experience should match what's needed in the Labor.
2. Company's ability to pay.
 
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Hi Back Again I have A Question how long is taken for I 140 get approved on regular
processing is been six months and nothing just wonder
 
waiting_toolong said:
my question really is whether the fact that I do not technically meet the LC requirements cause a problem? LC states undergrad + 5 years of experience. I only had 4 years experience when joining the firm.
Click to expand...

I think there is some confusion here... you are indicating that the Labor states a Bachelor's degree + 5 yrs exp., but you are indicating EB3 category. The B+5 you have indicated implies an EB2 position. And yes, you have to meet the requirements for the labor certification at the time of filing (the time of filing the Labor Cert., that is.)
 
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