Here are the details regarding my labor substitution case:
The labor I am trying to use/substitute mentions BS or equivalent in degree required and 2 years job experience. It doesn't say anything about accepting masters with lesser experience.
I have an 5 Year integrated masters degree (I didn't get a different BS degree) and had about 1yr 4 months (16 months) experience when I joint this company. However I had about 2 years 3 months (27 months) experience when the mentioned labor was filed.
My lawyer says the following
(1) The experience is matched on the earlier of the date of joining the company and the date on which the labor is filed.
(2) Since the labor doesn't say anything about masters, we cannot show less experience and masters for substitution.
(3) However the lawyer says that we can use my training and part time work I did after my 4th year to complete two year experience. For this we would need to get education evaluation saying that I was bachelors equivalent after 4 years - after I can produce those experience letters. If I can count these then I will have experience of around 24 months.
Here are my questions
(a) is 1 and 2 firm and undebatable?
(b) do you see any issues with 3?
(c) How picky are they about dates ?
- Is there any buffer or is 23 months 27 days not good enough in this case?
- Will 3 weeks between job be excluded while summing up total experience?
Please advise if you have some ideas or if you have had some similar experience/issues.
The labor I am trying to use/substitute mentions BS or equivalent in degree required and 2 years job experience. It doesn't say anything about accepting masters with lesser experience.
I have an 5 Year integrated masters degree (I didn't get a different BS degree) and had about 1yr 4 months (16 months) experience when I joint this company. However I had about 2 years 3 months (27 months) experience when the mentioned labor was filed.
My lawyer says the following
(1) The experience is matched on the earlier of the date of joining the company and the date on which the labor is filed.
(2) Since the labor doesn't say anything about masters, we cannot show less experience and masters for substitution.
(3) However the lawyer says that we can use my training and part time work I did after my 4th year to complete two year experience. For this we would need to get education evaluation saying that I was bachelors equivalent after 4 years - after I can produce those experience letters. If I can count these then I will have experience of around 24 months.
Here are my questions
(a) is 1 and 2 firm and undebatable?
(b) do you see any issues with 3?
(c) How picky are they about dates ?
- Is there any buffer or is 23 months 27 days not good enough in this case?
- Will 3 weeks between job be excluded while summing up total experience?
Please advise if you have some ideas or if you have had some similar experience/issues.