Labor Substitution and what really happens at I-140 stage ?

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rucshaca

Registered Users (C)
Hi, This is my first post in this forum. Iam in my 6th year and have already been affected by retrogression.

I have a company (i know them since very long but i don't work for them at the moment) which is giving me a EB2 pre-approved labor with PD of April/2003. I will join them if i can substitute this EB2 labor.

The requirement says MS or equivalent + 2 years exp. I have BS + 6.8 years of experience before April/2003. Unfortunetly, the "Other Special Requirement" (#15) item on this approved labor does not match 100% with my job experience. Out of 7 speciality skills listed, 4 of them matches but the rest 3 does not matches with my profile. But somehow i will be able to put all 7 on my experience letters from past co-workers on their Affadavits. My previous employer may not mut all 7 on their letter heads.

In this 6.8 years, I have worked in India for almost 3.5 years. I will get those experience letters through my friend's Affadavits. I came into US in April/2000.


Iam confused if these "workarounds" can cause problems in coming 140 or 485 stages ?

can somebody please help me understand what happens at 140 stage and what does USCIS folks checks or verify while accessing a 140 substitution case ?

do they call the companies and checks if i have indeed worked in these technologies ? do they match my old H1B's LCA petitions ?

how do they scrutinise a substituted case at 140 stage ?

or they just match the approved labor job description with the experience letters/Affadavits... and boom ....all is ok. (i know it can not be that simple but if it is true let me know, please)

PLEASE ADVISE.
 
iam confused about this exp letters !!!!!

guys, i have seen almost 25 people reading this and nobody seems to respond.

well, the reason iam asking is that iam confused talking to attorneys and reading here about the exp letters and 140.

few says that exp letters from co-workers are OK ...whileas other posts says "USCIS has been known to call/confirm experience, education directly."

can somebody advise here and give some sincere ideas for HOW USCIS verify's the job responsibilities.
 
I was in a similar boat and was told by attorney that the skill set might be a little different than the original candidate but I am fine as long as my responsibilities are similar or an exact match. in your case the labor was approved for a MS degree holder so you gotta be careful about that specially if you are filing from Nebraska. Hope this helps..
 
hmmm. The company is a NJ based company who is giving me this EB2 certificate ? Would that mean i will have to file in Nebraska ?

Also, iam still confused whether this formula "M.S Or Equivalent = B.S + 5 years " holds TRUE or not. One laywer told me that untill and unless "Bachelor + 5 years" is specified along with "Maters Or Equivalent", the chances are 50%.

One of the other lawyer said, we will try it.

Again, thanks for your time and was new to me that there is a difference between "Job Responsibilty" and "Job Skills" ...ineteresing ....hmmmmm
 
the labor advt must clearly mention that MS or BS+5 yrs. If it just required MS (and no mention of BS+5) then your chances of approval are preety less. It may not be worth spending money & time on this one

Reason being that if they didn't mention BS+5 is allowed then their recruitment effort was not fair and there may have been a US citizen with BS+5 who did not apply.

BS+5 for EB2 is the criteria when a person is eligible for EB2 but for this labor should have allowed BS+5
 
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rp12345, The only reason why iam interested is that it says "EQUIVALENT". i.e more specifically it says "MS or equivalent". Now, please excuse me ignorance on this, isn't that the MS is EQUIVALENT B.S+5years ?

could you please advise what does EQUIVALENT here means ?
 
rucshaca said:
rp12345, The only reason why iam interested is that it says "EQUIVALENT". i.e more specifically it says "MS or equivalent". Now, please excuse me ignorance on this, isn't that the MS is EQUIVALENT B.S+5years ?

could you please advise what does EQUIVALENT here means ?
Click to expand...
What I infer is that MS in COmp Sci or equilvalent means that other Masters degree holders like Mtech, ME or other degrees that are equilvalent.
To improve your chances you can get your educational evaluation done that would stress that with your edu and experience you have knowledge in s/w that is equivalent to a MS graduate. Then hope for the best. You should decide in totality like IS this the only option you have right now? are you nearing your 6th year (so that yyou can file for extension?). Are you OK with 50-50 chances?
You may also consider filing a EB2 PERM application in parallel. This can be your backup channel.
 
interesting. I think that answers my question. BTW, Iam half through into my 6th year. The 7th year extension is no problem.

Iam working at a client site and they are waiting for almost 3years for my GC so that they can hire me. In these 3 years, i have changed 1 employer (still managed to remain at the same client site) since my labor gets stuck in some way or the other, that is the problem.

Now my client is really upset with retrogression and my GC process and in order to help me has found a vendor consultancy company which has a EB3 certificate with PD Sep/2002 and this one which we are discussing is in EB2 category with PD April/2003.

Now, since EB2 will be faster and hence my interest is in it. Well, iam still confused whether i will go for EB3 or EB2.

Sometimes i think that let me take EB3 route and just wait for a little longer but would be having 80% chances and on the other hand this EB2.

But your advises are really helpful and i think now iam tilting towards EB3.
 
a question

Hi,
can i ask another question. As i told, my case would be a substitution, preferably EB3.

The labor was approved with a company A, that has been bought now by a company B.

There was no substitution done on this labor earlier.

Would the 140 papers need to filed with company A or with B. Does anybody has experience or knowledge about the potential problems ?


thanks, rucshaca
 
rucshaca said:
Hi,
can i ask another question. As i told, my case would be a substitution, preferably EB3.

The labor was approved with a company A, that has been bought now by a company B.

There was no substitution done on this labor earlier.

Would the 140 papers need to filed with company A or with B. Does anybody has experience or knowledge about the potential problems ?


thanks, rucshaca
Click to expand...
It will be filed by company B (new company). Company A does not exist now (since company B bought it). They will have to prove succession of interest
 
response on "succession of interest"...

"succession of interest"... great and now i understood a little better and thanks for that.

I have send an email to my lawyer stating what you just said above and here is what my lawyer's response is ....

> I will need the articles from the business sections
> of the papers which
> discuss the take over as well as a copy of the
> letters that were sent out to
> employees. The actual buy-sell paperwork is not
> necessary unless nothing
> else exists. I will get with Michele to make sure
> all is on track.


So, could you please add something to it and verify if my lawyer is dealing the situation correctly. I got this lawyer's information through a reference but me personally have never used his services in the past. Your inputs would greatly effect my beliefs.
 
Can someone reply to this message?

rucshaca said:
guys, i have seen almost 25 people reading this and nobody seems to respond.

well, the reason iam asking is that iam confused talking to attorneys and reading here about the exp letters and 140.

few says that exp letters from co-workers are OK ...whileas other posts says "USCIS has been known to call/confirm experience, education directly."

can somebody advise here and give some sincere ideas for HOW USCIS verify's the job responsibilities.
Click to expand...
 
Hello,
I am currently working with a good company.I have master's degree.
My company is ready to file the GC for me.When i checked with HR whether they have any pre approved labor.I got to know that they have one.

Company has 1 pre approved labor(for 2003).They have told me the required skills which were menioned at the time of filing that labor.
Here i have some questions
1) I have master degree. But the approved labor is for EB3 category.
Can i use this labor?
2) Company wants a letter from my previous employer stating that i have worked on XYZ techologies before 2003.
There are 4 skills mentioned in the labor and I have experience in 3 skills.
There is 1 skill for which i don't have any experience.
I can talk to my previous company manager and arrange an experience letter.
a) How risky is it?
b) In case my 140 gets rejected, can i file fresh labor again with this company or with some other company?
c) Do they match my old H1B's LCA petitions ?
d) Do they call the companies and checks if i have indeed worked in these technologies ?
e) Or they just match the approved labor job description with the experience letters/Affadavits.


PLEASE ADVISE.
Thanks
JP
 
jp_bond said:
1) I have master degree. But the approved labor is for EB3 category.
Can i use this labor?
2) Company wants a letter from my previous employer stating that i have worked on XYZ techologies before 2003.
There are 4 skills mentioned in the labor and I have experience in 3 skills.
There is 1 skill for which i don't have any experience.
I can talk to my previous company manager and arrange an experience letter.
a) How risky is it?
b) In case my 140 gets rejected, can i file fresh labor again with this company or with some other company?
c) Do they match my old H1B's LCA petitions ?
d) Do they call the companies and checks if i have indeed worked in these technologies ?
e) Or they just match the approved labor job description with the experience letters/Affadavits.
Click to expand...
1. Yes.
2. a. No Idea, but what's the worst than can happen? Rejection of application.
b. Yes
c. I doubt it
d. I'll be surprised if they do
e. That's my understanding.

Get 2-3 weeks intense training in the missing skill and attach the certificate with with your docs. Not a sure shot, but better than nothing.

Nobody will advise for lying in an application.... but sadly I've seen people getting away with such things all the time.
 
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