I140 EB3 Substitution Labor

M

mercury2003

Registered Users (C)
Hello!

Original Labor Certification Details:

1. 4 year Bachelors Degree in Mechanical Engineering
2. Minimum 6 months experience or more.
3. $$ salary.
4. Job Description - C, C++, Java etc.
5. Labor application Date - Jan 2002

My Qualifications:

1. Bachelors Degree in Mechanical Engineering (1998)
2. Masters Degree in Mechanical Engineering (2002) (US)
3. 4 plus years of experience
4. More $$ salary
5. Job Description - C, C++, Java etc since March 2002 (I joined this company in March 2002). No prior experience in C, C++, Java etc.

Wondering, if it would be an issue since I didn't have C, C++, Java experience before the application date of original Labor?

I started to panic after reading some substitution case messages here. I didn't know that substitution labor has problems.

I filed for I140/I485/I131/I765 all together. RD mid of April 14 2003.

Could anyone please provide me with your experience? Thanks!
 
Hi Mercury,

1. Salary Difference:
This is NOT going to be an issue because your salary is more than what was mentioned in the approved Labor.

2. Educational Qualification:
This is NOT going to be an issue because you have the minimum educational qualification which is B.E or B.S.

3. Experience:
You are O.K with the Number of years. But Job description MAY cause some problem because, as per Labor Substitution rule, you MUST have the relevant experience at the date of filing the labor. But it all depends the Officer who is going to look into your case. If he/she did not give much importantace to your C and C++, you will be fine. Hope for the Best.

At this time, it is not clear whether you will have any problem or not. Is there any way you can get an experience certificate from your previous co workers stating that you just did some modules in C, C++ and Java? That will surely help you in the future, if you get any problem.

All the Best,
Nanshi.
 
Hi Nanshi,

Thanks for replying to my message. I appreciate it! After reading your message, I had setup an appointment with my Attorney to discuss about this. I will get back to you about what documents he mailed to INS. And if hasn't mailed the experience letters then I can manage to get an experience letter with C, C++ experience.

Thanks!
 
Labor Sustitution

Hello All,

I am planning to use an already approved labor but was wondering the risks involved using the same. If anyboudy used Labor Sustitution Process pls advise.

Thanks,
Shabbu77
 
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