Labor substitution - Is it possible?

A

akam25

Registered Users (C)
I have been waiting for my labor for a long time. My company has an approved labor. Can I substitute the labor with different profile?

Labor to Substitute
------------------
Column 14
College: YES
College Degree Required: MASTER*
Major Field of Study: OPERATIONS RESEARCH OR ENGINEERING

Column 15
Other Special Requirements: *Employer will accept Bachelor Degree in Com. Sci., Math or Engr. and 5 years experience in job.

Mine
-----
10 + 2 + 3 (Bachelor in Science (PCM)) and Master in Computer Application.
This labor is from yyyy and I was having 5+ working experience including current employer's experience before yyyy.

TIA for any reply.
 
akam25,

Looks like you can get the labor substituted for yourself. Based on the 'OR' clause in the labor application and your education, there are 2 possible ways you can go about this:

1. Get your Master Degree (MCA) evaluated to be equivalent of US Master's Degree either in Operations research or computer engineering/science. I know someone whose MCA has been evaluated to be equivalent to MS in Computer Science.

2. Go the Bachelor Degree + 5 years experience route. But there could be difficulties in this, as I read around that experience from current employer is not counted towards the requirements for Labor/GC processing. I had also read that if the roles/job descriptions are different then you can use the experience from current employer.

If I were you, I would try option 1 and work it out, and keep option 2 as backup plan.

Bottom line: You need a good immigration attorney and a good educational evaluator to get your stuff worked out.

Goodluck & keep us posted about the outcome of this.


akam25 said:
I have been waiting for my labor for a long time. My company has an approved labor. Can I substitute the labor with different profile?

Labor to Substitute
------------------
Column 14
College: YES
College Degree Required: MASTER*
Major Field of Study: OPERATIONS RESEARCH OR ENGINEERING

Column 15
Other Special Requirements: *Employer will accept Bachelor Degree in Com. Sci., Math or Engr. and 5 years experience in job.

Mine
-----
10 + 2 + 3 (Bachelor in Science (PCM)) and Master in Computer Application.
This labor is from yyyy and I was having 5+ working experience including current employer's experience before yyyy.

TIA for any reply.
Click to expand...
 
A related question if anybody can answer it..My labor case has been lost and the lawyer is trying to get the state agency to re-create it backdated but i am not sure how this would span out. My lawyer has a backlogged labor application pending for which the 45 day letter was received some tme back but the employee for whom this was intended has left the company. The profile and education requirements for that labor application and the ones used for my case are exactly the same. Can this pending labor application be substituted for me?
 
Gurus,

Labor Substitution - Whats the tough part ?

Guys, my 2002 PD (EB3) RIR labor has been denied & moved to TR. My options are :
a.My company is ready to substitute a 2004 pd (eb3) approved labor. (I'm sure, this is going to be a long delay)
b.My company is also willing to file a fresh EB2 (I have masters & also 10+ years experience)
c.Look for an approved labor from some other company with better PD dates
d. continue my TR

I'm more inclined towards labor substitution, either same company or different one, with better pd.

What are the consequences of labor substitution? if rejected, whats the path ?

Any inputs appreciated.
 
everything_gud said:
A related question if anybody can answer it..My labor case has been lost and the lawyer is trying to get the state agency to re-create it backdated but i am not sure how this would span out. My lawyer has a backlogged labor application pending for which the 45 day letter was received some tme back but the employee for whom this was intended has left the company. The profile and education requirements for that labor application and the ones used for my case are exactly the same. Can this pending labor application be substituted for me?
Click to expand...
My 2 cents:

Yes it is possible to substitute the beneficary even before the labor gets approved. I am assuming the labor application for which the lawyer has received 45 day letter has been filed for the same employer/company as the one that you are working.
 
Thanks for the information. Yes the labor application for which the lawyer has recvd the 45 day letter is for my employer only. Do you think dual efforts by the lawyer on one hand trying to getting my lost case re-create and on the other hand trying to substitue the other case to apply to me at the same time, can this cause any problem for me as in both of the things fail!
 
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