Hi, all:
I am going to file I-140 using a pre-approved labor certificate
that my company originally applied for someone else.
My problme is:
The priority date (PD)for the original labor application is 10/99, with an Education degree of Ph.D. and 2 years of research experience. But I got my Ph.D. in 05/2001 (LATER than PD) although I already have 2 years research experinence by PD.
I know the conventional wisdom is that I need to meet all the requirement by the original PD in order to take advantage of the original
LC, but what I don\'t know is how strict is this rule need to be followed.
Do you think there is flexibility there in INS (this rule is issued by DOL)or Does anyone have similiar issues have gotten I-140 approved. (My lawyer suggested me to give a try, but I really want to know the possibility of success before paying $3000+ upfront).
Thank you.
Cai
Thank you.
I am going to file I-140 using a pre-approved labor certificate
that my company originally applied for someone else.
My problme is:
The priority date (PD)for the original labor application is 10/99, with an Education degree of Ph.D. and 2 years of research experience. But I got my Ph.D. in 05/2001 (LATER than PD) although I already have 2 years research experinence by PD.
I know the conventional wisdom is that I need to meet all the requirement by the original PD in order to take advantage of the original
LC, but what I don\'t know is how strict is this rule need to be followed.
Do you think there is flexibility there in INS (this rule is issued by DOL)or Does anyone have similiar issues have gotten I-140 approved. (My lawyer suggested me to give a try, but I really want to know the possibility of success before paying $3000+ upfront).
Thank you.
Cai
Thank you.