Labor Substitution -- Pls Help

[bosheng]

I am currently on H1 Visa.
I have come across a labor substitution situation.
This labor was filed for MS degree with some skill sets and approved in 2001. My skill sets and work experience match exactly but I finished my MS only in 2003.
My bachelor's degree had completed in 1997.

Since this labor is almost current I am quite keen on going for labor substitution. What are the chances of such a substitution getting approved ? Is it a straight NO or does such a substitution have any chance. One of my colleague had exacly similar situation back in 96 and he got his green card.

PLEASE ADVISE GENEROUSLY....

-thanks

 

[saigc]

I am currently on H1 Visa.
I have come across a labor substitution situation.
This labor was filed for MS degree with some skill sets and approved in 2001. My skill sets and work experience match exactly but I finished my MS only in 2003.
My bachelor's degree had completed in 1997.

Since this labor is almost current I am quite keen on going for labor substitution. What are the chances of such a substitution getting approved ? Is it a straight NO or does such a substitution have any chance. One of my colleague had exacly similar situation back in 96 and he got his green card.

PLEASE ADVISE GENEROUSLY....

-thanks

one has to have all or more of the experience, tech skills, educational qualification mentioned in that substitute labor. so you do NOT qualify.

do you know the exact wording of that labor. if it clearly says the position requires master degree then you do not qualify but if it says like equivalent experience then you may qualify if you have those experience at the time the labor is filed NOT when its approved.

 

[kbn_gc]

Hi

 

[kbn_gc]

Hi bosheng

I Think you are eligible for the sub labor.

One of my friends did it and they got their I-40 approved.

Is it Eb-3 or Eb-2?

Check with attorney who wants to do the subsititution and clarify all the details with him

Good Luck

 

[vsateesh]

I am currently on H1 Visa.
I have come across a labor substitution situation.
This labor was filed for MS degree with some skill sets and approved in 2001. My skill sets and work experience match exactly but I finished my MS only in 2003.
My bachelor's degree had completed in 1997.

Since this labor is almost current I am quite keen on going for labor substitution. What are the chances of such a substitution getting approved ? Is it a straight NO or does such a substitution have any chance. One of my colleague had exacly similar situation back in 96 and he got his green card.

PLEASE ADVISE GENEROUSLY....

-thanks

If the labor explicitly says that the employer will accept 5 yrs of progressive experience after the bachelors and you do have 5 yrs experience it might work, if not, I think it will not work.. Let us know what happened once you get a hold of the lawyer as well.