labor substitution and experience

A

AshN

New Member
Hi,
I am going to file for I-140.
I am using labor substitution.
My skill set is similar, though not exact match.
Labor had 5 years of experience.
At the time, labor was filed, I had 4 years of experience in IT companies.
But I did work for 1.5 years in a software company while I was in college.
So in all , I have 5.5 years of experience.
Now my question is that - Will INS consider my 1.5 years of experience (while I was in college) as a valid experience ?
In original labor, that guy had worked for 5 years after college.

Thanks
 
There is no clear answer to this. The best I can do is say that INS sometimes accepts it. This was discussed at an AILA meeting with INS and INS said that each case needs to evaluated separately.
 
Experience with the filing company doesn't count. Hope you had taken that into consideration.
 
yeah, I know that.
And I am not putting their experience at all.
Its just that I am not sure if my work experience while I was in college will really help me.
Thanks to Jim for giving his suggestion.
But my confusion still remains :-(
 
Don't feel bad, so does mine.

Anyone that can give you a definitive answer without a complete review of your case and the relevant caselaw either does not understand the complexities of the question or is deliberately misleading you.

Answers such as "Yes, you can do it and I know for sure because I did it" are nice and reassuring, but the facts of the two cases may be different enough to cause a different result.
 
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