i140 substitution question

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onefortyguy

Registered Users (C)
hi guys. pls help me for below concern.

my employer has an available substitution, which requires BS in computer science OR equivalent. plus 3 yrs of IT experience.

I've my 3 years Bachelor science from india and 1 1/2 yr honors diploma from NIIT. i also got educational evaluation from trustforte saying my qualification is equivalent to BS in computer science.

at NSC, can i get I-140 approved with no issues? if not, how can I strongly support it?

my lawyer saying, it's 0% chance to get it approved :mad:


Thank you so much in advance.
 
onefortyguy said:
hi guys. pls help me for below concern.

my employer has an available substitution, which requires BS in computer science OR equivalent. plus 3 yrs of IT experience.

I've my 3 years Bachelor science from india and 1 1/2 yr honors diploma from NIIT. i also got educational evaluation from trustforte saying my qualification is equivalent to BS in computer science.

at NSC, can i get I-140 approved with no issues? if not, how can I strongly support it?

my lawyer saying, it's 0% chance to get it approved :mad:


Thank you so much in advance.
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You have mentioned that your evaluation came back stating its equivalent, but you have not mentioedn how much is your experience. One good thing is that the labor clearly states that it needs a BS in computers or an equivalent (the word equivalent is very important) plus 3 years of IT experience. Do you ahev the 3 yrs IT experience an dif yes, you should have no problems. Just ensure when you have a good rexperienced lawyer who makes a very good case while filing.

I just got my I140 approved without any RFE's which was filed in Oct'04 from NSC. It was a labor substitution that stated a BS in Computer Science or equivalent.

Good Luck !!!!
 
thank you so much ATULH. your words gave me huge relief. yes, the substitution labor approved in jan 2001 and i've 6 yrs of IT experience till Jan 2001.
thanks again.
 
Sub Labor.

Check if the labor allows combination of degree and experience.

You should have atleast 3 years of experience prior to this job that you have.

Check your labor and Edu evaluation with a different attorney.. Since this attorney of your says 0% .. it is better you find another one.

Important : Check with your employer -- if someone else has applied for 140 on the same labor.. If yes then the employer should start the process of withdrawing the 140..

Contant unitedNations for further help... he is expert in these issues.
 
no, labor ETA750 doesn't say "combination". it says only "EQUIVALENT".
so is what my lawyer said is true (0% chance)?
i told atulh case to my lawyer, he got surprised because one of his clients case denied at NSC because of the same problem.
 
Substitution

If you have time with you ... I suggest U file for Ur own labor.

You will be saving a couple of months by going the substitution way ... But if it get stuck .. a long fight.

Ask your attorney to tailor make the Labor according to Ur experience and degree..


Good luck.
 
my labor filed in march 05, my six year h1 expires next year march. unfortunately my labor ETA 750 section 14 says:
College Degree Required: Bachelor's or foreign equivalent
Major field of Study: Computer science or related

section 15 says:
8 years of clients server experience (which i have)

what should be done at this time, since word "combination of degrees/courses" was missing in section 14 or 15, am I going to be in trouble?

can i request my lawyer to modify the filed labor?

can i use nebraska(illinois) labor substitution to file i-140 at vermont, because my company has a branch over there (vermont)?
 
U need urgent help.

No U cannot modify the labor. Vermont would have been good for 3 year guys ... Why did U miss that ..

The only thing is hope --- lets say U get approved after U reply to RFE -- thats best case output.But U need to do urgent home work ... make backup as Ur 6 year will be over next march. The good thing is that U still have lot of options.

I suggest you put Ur case to following persons ... I think they have a good grasp of 3 years issues, which most lawyers do not have...

1> United Nations - ny.united@gmail.com
2> DIGS
3> kriskish

Guys try to help .
Good Luck
Nadi
 
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guys quick question.

h1b 6 yrs period expires on aug 06, i've my labor filed last year and it's at backlog processing center. what happens if i apply for i-140 using Nebraska substituion and it's denied, is it going to impact my existing labor certification (Vermont) and hamper 1 year h1b extensions? if nebrasaka i-140 is denied, what are the other impacts for current existing labor?
 
onefortyguy said:
guys quick question.h1b 6 yrs period expires on aug 06, i've my labor filed last year and it's at backlog processing center. what happens if i apply for i-140 using Nebraska substituion and it's denied, is it going to impact my existing labor certification (Vermont) and hamper 1 year h1b extensions? if nebrasaka i-140 is denied, what are the other impacts for current existing labor?
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Based on Ur labor which U did last year --- U can get another 3 years of H1b extension without any problem. The last date of applying for H1b extension will be a day before Ur H1b expires.

If you use the substitution from VSC .. it will be treated independent of the NSC case, at least for I-140. I am not sure about I-485 though. The denial for 140 are typically a combination of Ur education, labor requirements and the status of Ur company when labor was applied. Ur Edu might be same at VSC and NSC ... but other two parameters might be different. So U have a better chance anyways.


Hope that helps.
 
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