Labor Substitute -- Anybody have a successful experience?

caiyw

Member
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.
 
Well

You should ask yourself what is What is Labor Certification.

     IF you are required to have a Labor certification done to get a greencard then i don\'t see how you are going to be able to use somebody labor certification.The Law says that the labor certification never expire but can be use only for the applicant and for the one corporation.I had a problem where after having the labor certification approved the corporation had a change of owership.The new people refuse to go ahead with the sponsorship.Game Over for me.Do waist your money.See if you can apply under EB1(people with
high degree).Go tho www.ins.gov and look for Greencard thru Employment and check EB1 option.

Good luck

Sapo
 
Hi if you got agood attorney and a good company backing

You can file directly for I140 without alabour certification in EB2. It all depends on how fast you have completed your PHd.
This one of my Freidns experience.
 
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