Its really bugging me - 140/Labor Substitution

J

jaisharma_99

Registered Users (C)
Guys, My I-140 is pending in VSC, applied in May'2003. Its a labor sustitution case. As of today I have about 8 years of experience in my field (software ofcourse).
Original labor was applied in Oct'1997 and approved in Dec' 2000.

My education exactly matches as in Labor (BE computer Science). original labor requires 2 years of experience which I have.
But I completed my BE Computer science in 1997 itself, the year in which original labor was applied. Could this be a problem? If it is what are the options available for me? Please help guys.
Thanks
 
Last edited by a moderator:
unitednations said:
What's your graduation date, or if graduation date was after you completed the requirements for degree, what was the date that you completed requirements for your degree?

If it is before priority date of labor then it won't be an issue. Problem I see is that your company has to have ability to pay salary from priority date. Seven years is a long time.
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Thanks UnitedNations. I didn't really get the first question. I completed my graduation which is BE computer science in Aug. 1997. I am sorry but I also didn't get the question "what was the date that you completed requirements for your degree?"
Also How to find out the labor priority date?
How does 7 years effect the employer's ability to pay. Pleaes clarity my doubts. Thanks
 
unitednations said:
Also, did you have the two years experience prior to date of labor. That is also important.

My gut feeling is that they are probably taking a while to process your application because they may want to see if your labor was used by anyone else to obtain a greencard.
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Thanks UN,
I finished my degree course requirements about 5 months before the priority date, but the degree certificate was awarded about 6 months after the priority date.

when you say "experience prior to date of labor" you mean priority date or approval date. If its priority date, I was working while I was in college , but don't have experience certificate for that, but i can arrange.
and if its approval date of labor, then I do have the experiece and proof of it.
Thanks
 
UN,
I am sorry, but I still don't understand phrase - "requirements for a degree". :(

Here is how it happens in India.

After you passed 12th standard (Secondary Education). Either you opt for simple graduation which is of 3 years, or you go for Engineering college which is 4 years. In my case I opted Engineering. In my university we had total 8 semesters, each of 6 months. I passed my last (8th) semester in October 1996. Now the question is when do I meet the "requirements for a degree"?

Thanks
 
jaisharma_99 said:
Guys, My I-140 is pending in VSC, applied in May'2003. Its a labor sustitution case. As of today I have about 8 years of experience in my field (software ofcourse).
Original labor was applied in Oct'1997 and approved in Dec' 2000.

My education exactly matches as in Labor (BE computer Science). original labor requires 2 years of experience which I have.
But I completed my BE Computer science in 1997 itself, the year in which original labor was applied. Could this be a problem? If it is what are the options available for me? Please help guys.
Thanks
Click to expand...

jaisharma_99,


Its Surprising.Your Case is well past the Processing Time Limit.Have your raised a query with the USCIS?? I would suggest you do that through your Lawyer. If you have done that and have not received any response then i think you should approach Senator/Congressmen in your area.You have to be Proactive ath this stage with your case.

Kishore_i had written a very informative post for doing that.

Do keep us all updated and All the best.

Regards

Regards.
 
jaisharma_99 said:
Guys, My I-140 is pending in VSC, applied in May'2003. Its a labor sustitution case. As of today I have about 8 years of experience in my field (software ofcourse).
Original labor was applied in Oct'1997 and approved in Dec' 2000.

My education exactly matches as in Labor (BE computer Science). original labor requires 2 years of experience which I have.
But I completed my BE Computer science in 1997 itself, the year in which original labor was applied. Could this be a problem? If it is what are the options available for me? Please help guys.
Thanks
Click to expand...
Jaisharma

I am in the same boat as yours or maybe worse. I applied for 140 on Feb 2003 with the ND os March 31, 2003. My application was concurrently filed and labor substitution. The labor matched exactly to my qualifications. Since then I have received 2 EADs for myself and 1 for my wife. No RFEs on those. Had contacted Congressman, Senator and since started 2 case referrals. Still waiting.


So cheerup man ;)

dyno


 
My case is similer to you. I also filed for I140 with labor substitution in early May 2003, and my I140 is pending. Let me say what I make out of all assumptions here:
1) Labor substitution is no big deal. My friend also filed with substition in mid-May 2003, got his I-140 approved 6 months back.

2) Contacting congressman and senators never work! INS is not so easily swayed and give the same kind of responses.
3) On a more psoitive note, I received a notice for having my fingerprinting done yesterday. I feel at lesat they havent forgotten me totally.
4) About 25% applicants from May 2003 have not received their approval. There is also a theory that says the I140 approval for such cases will be done with their I 485. And in this forum I have seen cases where I 140 had been delayed (filed in mid 2003)and then both 140 and 485 have been approved in mid 2004.
Good luck!
 
The key question is:
In your degree valuation, what did it say about the time you graduate? If it is Oct 96, you have problm. If it is ??? 97, you are expcting a REF.

Did you have 2 years of exprince before the PRIORITY date in 97? If not, anothr REF.
 
dynobuoy said:
Jaisharma

I am in the same boat as yours or maybe worse. I applied for 140 on Feb 2003 with the ND os March 31, 2003. My application was concurrently filed and labor substitution. The labor matched exactly to my qualifications. Since then I have received 2 EADs for myself and 1 for my wife. No RFEs on those. Had contacted Congressman, Senator and since started 2 case referrals. Still waiting.


So cheerup man ;)

dyno
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Hi dyno,

Did you have any LUD's on your I-140? I am asking about LUD specifically to the I-140.

Same query would be to jaisharma and all those who have filed for I-140 with labor substitution and have not received any FRE or approval.
 
dyno,

Any Updates on the Deposition of FO with Rajiv and Case Proceedings. Any other info on Poratbility under 106c?
 
vicky007 said:
Hi dyno,

Did you have any LUD's on your I-140? I am asking about LUD specifically to the I-140.

Same query would be to jaisharma and all those who have filed for I-140 with labor substitution and have not received any FRE or approval.
Click to expand...

vicky

My 140 (and 485 LUDs) changed a couple of times on July 23, 2004. But I guess that is due to my address change application.

One more thing I haven't mentioned is that I have completed my FP on May 2003, but my wife whose application was filed in Aug 2003 didn't get her FP.

hth
dyno
 
allaboutgc said:
The key question is:
In your degree valuation, what did it say about the time you graduate? If it is Oct 96, you have problm. If it is ??? 97, you are expcting a REF.

Did you have 2 years of exprince before the PRIORITY date in 97? If not, anothr REF.
Click to expand...

I worked with my studies in college. I can arrange experience certificates also, but I haven't submitted them with I-140 application.
I have to check my degree valuation for time of graduation.
Thanks
 
vicky007 said:
dyno,

Any Updates on the Deposition of FO with Rajiv and Case Proceedings. Any other info on Poratbility under 106c?
Click to expand...
Nothing so far vicky! I guess we need to wait till we get the official announcement / memo from USCIS.

Anyways, could the moderators raise this issue to Rajiv?

dyno
 
Please arrange for the experince certificate

You are required to meet all the qualifications mentioned in the labor application as on the priority date.

Unless you are exteremely lucky, please expect an RFE on this.

So, keep your papers ready.

Most probably they will accept the experince letters, but just in case, if I were you, I would also apply for a labor as a backup plan.
 
believe_in_self said:
You are required to meet all the qualifications mentioned in the labor application as on the priority date.

Unless you are exteremely lucky, please expect an RFE on this.

So, keep your papers ready.

Most probably they will accept the experince letters, but just in case, if I were you, I would also apply for a labor as a backup plan.
Click to expand...

Thanks believe_in_self, I have already applied for backup labor in October 2003. Lets see.
 
Just to let you know guys, an RFE is issued today for my 140. wish me a good luck. I will keep you posted, what's it about
 
jaisharma_99 said:
Just to let you know guys, an RFE is issued today for my 140. wish me a good luck. I will keep you posted, what's it about
Click to expand...

Hi Jaisharma_99

Do you think this is because of your employer raising a Query on I-140.

Regards
 
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