Labor Substitute - Urgent

M

masti25

Registered Users (C)
Hello all,

This is for my friend.... I have question regarding labor substitute. My friend finished his M.S. in August 1999 and he currently has an offer with a company. This co. is saying that they have an approved labor, but cannot be used because of the following reason:

* Filed in 1998 with M.S. requirement and was approved recently. My friend graduate in 1999 and is not eligible for the labor because it was filed before his graduation.

Is this correct? I thought if the labor says M.S. and if my friend has M.S., he should qualify for the position. Please provide your suggestions at the earliest.

Thanks in advance,
masti
 
Originally posted by masti25
Hello all,

This is for my friend.... I have question regarding labor substitute. My friend finished his M.S. in August 1999 and he currently has an offer with a company. This co. is saying that they have an approved labor, but cannot be used because of the following reason:

* Filed in 1998 with M.S. requirement and was approved recently. My friend graduate in 1999 and is not eligible for the labor because it was filed before his graduation.

Is this correct? I thought if the labor says M.S. and if my friend has M.S., he should qualify for the position. Please provide your suggestions at the earliest.

Thanks in advance,
masti
Click to expand...

Yes, they are correct. Your friend should be qualified for the post mentioned in the labor on the date its filed.
 
boys,

I think you are wrong. I have masters [finished Nov, 2001] my company has approved EB2 labor for guy who got his masters in Aug, 2001. I was not able to use that labor and they filed for me in EB3.

I you guys turn out to be correct, God save my attorney.
 
The date you got graduated or the graduation date of the person for whom the LC is filed doesnot matter. What matters is the date LC is filed and do you satisfy the LC requirements on that day.

In your case, might be you are short of the requirements by 3 months. Hence your lawyer filed an EB3 instead of going for LC substituition.

--Vortex.

Originally posted by tsethi
boys,

I think you are wrong. I have masters [finished Nov, 2001] my company has approved EB2 labor for guy who got his masters in Aug, 2001. I was not able to use that labor and they filed for me in EB3.

I you guys turn out to be correct, God save my attorney.
Click to expand...
 
Well, they filed for other guys labor in October, 01.

I guess what you are saying is at the time of filinng of that labor, I still did not have my masters. I am getting it right?

Thx
 
Yes, Since you didnt have a Masters degree by Oct 01, your lawyer filed a new Labor for u.

--Vortex.

Originally posted by tsethi
Well, they filed for other guys labor in October, 01.

I guess what you are saying is at the time of filinng of that labor, I still did not have my masters. I am getting it right?

Thx
Click to expand...
 
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