Labor Substitution - Pl Read

S

shastri

Member
Hi Guys,

I have filed for my I140/I485 through Labor substitution from VSC. The original labor required a Bachelors Degree (4years) with 2 years of experience. I have a Bachelors Degree(three years only) and about 6 years of experience. I have also done educational evaluation which states that my experience and educational qualifications is equivalent to the Bachelors Degre of 4 years. I have already worked on H1 for the past 5 years based on this.
I have one concern though. At what stage do I know that this (education issues) is not a problem. Is it at the I140 stage or I485 stage? If my I140 is approved, does this mean that
I will not have any problem during the I485 stage? In other words, at what stage is the educational qualifications for labor substitution checked? At the I140 stage or at the I485 stage?
Please let me have your suggestions. Thanks in advance for your time
 
The match will be checked at I-140. If your 140 clears, you shouldn't have to worry anymore (about the LC match issue). It's quite hard for USCIS to go back an approved 140..

~T
 
raman2001 said:
Hi Guys,

I have filed for my I140/I485 through Labor substitution from VSC. The original labor required a Bachelors Degree (4years) with 2 years of experience. I have a Bachelors Degree(three years only) and about 6 years of experience. I have also done educational evaluation which states that my experience and educational qualifications is equivalent to the Bachelors Degre of 4 years. I have already worked on H1 for the past 5 years based on this.
I have one concern though. At what stage do I know that this (education issues) is not a problem. Is it at the I140 stage or I485 stage? If my I140 is approved, does this mean that
I will not have any problem during the I485 stage? In other words, at what stage is the educational qualifications for labor substitution checked? At the I140 stage or at the I485 stage?
Please let me have your suggestions. Thanks in advance for your time
Click to expand...
Did you submit a Education Evaluation when you filed your 140.
Also if you did, did you education evaluation consider your 3 year degree + work experience to be equal to requirement in labor for education. If yes, then how many years were considered for equivalency. Do you have any more years left to satisfy 2 year work ex reqmnt. What I mean to say is you have 3 year degree and 6 years of work ex, then if your Edu Eval says that 3 years education and 5 years work ex is equal to 4 year education, then you may have a problem as you will need an additional 2 years ....
 
Dazzzling,
My education evaluation states that 3years experience = One university year credit.
In other words, 3 years experience + my three years bachelors degree was considered as equivalent to 4 years Bachelors Degree. This education evaluation was done
way back in 1991. I have added 3 years of experience till date.
 
> I have added 3 years of experience till date

Your qualifications and experience are taken as of the day the original LC was filed. Experience/qualifications gained after the day of LC filing cannot be used.

~T
 
dazzling has pointed out all details - read his post. Other thing that you need to know is that even with all the evaluation etc - you are still at risk(even though little). So file 140 first and once approved file 485. Don't go for concurrent filing.

VSC has been linient with educational evaluation unlike Nebraska.
 
Post complete details along with dates

Raman,

We are all beating around the bush here. Why dont you post complete details about yourself.
1. What is the labor requirement for education and experience (including what major field of study is required). Please post the number of years for each education and experience from Section 14. Also are there any special requirements from Section 15.
2. What is the job like - software? accounting? anything else? Explicitly what is the title(s) allowed in labor
3. What type of experience do you have along with dates
4. What type of degree do you have along with dates.

I hate to tell you this, but as unitednations pointed out, there are very good chances you will receive a denial on this one. Did you see a LUD on your 140 without a RFE. When was this LUD. Usually if you do not get a RFE within 3-4 weeks of your LUD, you will get a denial. Has recently happened with me .. If you give all the details, people on this board can give you some suggestions on what to do and plan for ...
 
Last edited by a moderator:
Pl Read Information - Getting worred by the minute

Here we go:
Section 9 Name of Job Title – Programmer Analyst
Section 13 Describe fully job to be performed: Analyze, design, program and develop Computer applications with SAP-FICO, BW,SD,MM, Peoplesoft, Oracle and Siebel
Section 14 : Education –Enter number of years:
Grade School College College Degree Reqd
10 4 Bachelors
Training –All fields are blank
Experience: Years
2 (All other fields are left blank)

Section 15: Left Blank
I have experience letters from past employers and current employers that I have worked as a Programmer Analyst/systems Analyst (SAP).
I have a basic degree in Commerce(which does not have any subjects in information systems) I have specialized in SAP FI-CO module and have been working in the US for the past 5 years.

Dates:
Degree Obtained – 1988.
Working as Programmer Analyst/System Analyst since 1999.
This is Labor Substitution and Labor was filed March 2004, approved July 2004
In form 750B, I have given experience from May 1999 till date. All has job title
Programmer analyst/systems analyst. I have other related experience of about 3 years overseas which I have not mentioned on the form.

Employer has filed for I140/I485/I765/I131 on Oct 18th and USCIS encashed the checks
On Monday. Still waiting for receipts. I did email my employer about this problem and he said “No problem – Labor says – employer will also accept three years undergraduate course work+3 years of work experience.

Thank you Guys for taking time off to offer suggestions.
Eagerly awaiting your feedback.
 
Where in the labor mentioned "employer will also accept three years undergraduate course work+3 years of work experience"? Which section of ETA-750A?
 
I am wating for the employer to get back to me on this one. The ETA-750A does not
have this. I am hoping the employer filed under a different pre-approved labor.Will post as soon as i hear anything.
 
raman2001 said:
I am wating for the employer to get back to me on this one. The ETA-750A does not
have this. I am hoping the employer filed under a different pre-approved labor.Will post as soon as i hear anything.
Click to expand...
I think this is the key - If you labor does say this “No problem – Labor says – employer will also accept three years undergraduate course work+3 years of work experience."
However, if you have a copy of the labor and it does not say anything (it looks to me that it does not .. given by what you have recited), it looks fishy to me. What is the major required in the field of study. If NO MAJOR is required, I think you should be OK as then you can claim your 3 year degree + 3 years experience to be equal to Bachelors and then you need 2 more years of experience as of Labor PD - March 2004. As long as you have everything, it is OK. I dont think it really matters what experience you have .. (and I think you should have a lot of other unrelated experience). I would be wondering why your lawyer would not show that experience .. especially if no major is mentioned in "Major Field of Study" Section in Item 14 on labor form.
 
Dazzling,
The copy of the labor i have does not say anything. In this labor the section Major Field of Study is left blank.
i have also just heard from the employer that they have used a different pre-approved
labor for me. i have asked him to fax a copy of the I140 and the pre-approved labor.
Will get back as soon as i receive the fax
Thanks
 
Received the I140 receipt number today. It shows the employer has filed with a different approved labor.
Thanks you Guys !!
 
United Nations,

I am yet to receive a copy of the new pre-approved labor. Should get it in a day or two.
Will post as soon as i receive it. Just to be on the safe side i am also filing fresh
labor as backup option in case my I140 gets rejected for some reason.
 
raman2001 said:
United Nations,

I am yet to receive a copy of the new pre-approved labor. Should get it in a day or two.
Will post as soon as i receive it. Just to be on the safe side i am also filing fresh
labor as backup option in case my I140 gets rejected for some reason.
Click to expand...
That is a good strategy .. it is better to file now then to wait for 140 to be denied and then file (like me ... ). Ask your lawyer to be a little liberal and careful in putting the education & experience requirements of the job. Basically you want to be able to fit your self in those requirements.
 
Question For UN or other experts

Hi,
I have a 3 year degree and had 6 yrs of expereince in Programming till date i filed my Labor, Jul-2002.I had other post-grad diplomas and thru trust-forte evaluation my degree turned out to be equivalent of US bachelors degree.
On the ETA-750 form, my attorney entered :
Major Degree - N/A.
Degree : No College Degree required.
No. of years of expereince - 2
Position : Software enginner.
My labor was approved by dol regional on jan-07-03 and 140 got approved in Jan-2004.
My 485 hopefully should be approved anytime now since its rd = mAR-2003.
Do you guys see any problems here, will adjudication officer will open up approved 140 and labor and create any fuss ?
Pls le me know.
 
Thanks a bunch ..UN.
But on what circumstances do uscis officer open up exisitng 140 cases while adjudicating 485 cases.
I saw at least 2 such recent cases under "VSC forum", that person was sent NOID , but it was somehow tied up with 140, donot remember exactly.
It was either eb2/eb3.
Can you put some light.
 
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