Labor Substitution question, (UnitedNation, ETA and others).

Anybody how is doing labor substitute and if you are not getting the copy of Labor Certification ETA-750A and if you have problem getting information.
Do FOIA request and get all you need. You will better understand the case. Even in Case you want to use AC21 in future.
I recently did FOIA and got 99 pages of all the documentation used. It helped me to understand my case better and know what mistakes my lawyer did.
 
Hi Con_file_Feb,

Since your I140 is approved - could you also please check what is the PD on the I140 approval ?
I am trying to determine whether USCIS is considering the date on the pre-approved labor as your PD or the date you filed I140.
Would appreciate if you could please let me know .



Con_File_Feb said:
Hi greencardin2005,
I have Checked my Labor as you said, the date in SO is 11/22/02.
Click to expand...
 
How do you do a FOIA request ?

Con_File_Feb said:
Anybody how is doing labor substitute and if you are not getting the copy of Labor Certification ETA-750A and if you have problem getting information.
Do FOIA request and get all you need. You will better understand the case. Even in Case you want to use AC21 in future.
I recently did FOIA and got 99 pages of all the documentation used. It helped me to understand my case better and know what mistakes my lawyer did.
Click to expand...
 
Hi goodluck_140,
I have sent a PM to you . Could you please respond ?
goodluck_140
goodluck_140 said:
Sure UN, I will come often hereafter.

Looks like my case is becoming popular. I found few private messages and replied all of them.

Hopefully, these folks will succeed soon just like me.
Click to expand...
 
greencardin2005 said:
Hi Con_file_Feb,

Since your I140 is approved - could you also please check what is the PD on the I140 approval ?
I am trying to determine whether USCIS is considering the date on the pre-approved labor as your PD or the date you filed I140.
Would appreciate if you could please let me know .
Click to expand...

PD is 10/15/2002. Please see the signature of details.
 
I am not sure I communicated properly.

Your PD should be mentioned on the I140 approval notice.
The PD is also mentioned on the Substitute Labor . Are both dates the same ?

There is some confusion about whether PD from the original labor is used as Priority date in case of Substitue labor or the date of I140 application
If your I140 approval has the same date as your original labor then things are clear.

Could you please check to see if I140 approval notice has same PD as original substitute labor ?

Con_File_Feb said:
PD is 10/15/2002. Please see the signature of details.
Click to expand...
 
Hi Friend,
I am not able to provide right answer since i do not have 140 approval letter with me and my employer denied to give me a copy of that.

Neither i had any information about my Substitue, so recently i did FOIA and got all the information on labor now.

I know that labor was approved on Feb 24, 2003 and Date of Acceptance for Processing is October 15, 2002.


greencardin2005 said:
I am not sure I communicated properly.

Your PD should be mentioned on the I140 approval notice.
The PD is also mentioned on the Substitute Labor . Are both dates the same ?

There is some confusion about whether PD from the original labor is used as Priority date in case of Substitue labor or the date of I140 application
If your I140 approval has the same date as your original labor then things are clear.

Could you please check to see if I140 approval notice has same PD as original substitute labor ?
Click to expand...
 
greencardin2005 said:
I am not sure I communicated properly.

Your PD should be mentioned on the I140 approval notice.
The PD is also mentioned on the Substitute Labor . Are both dates the same ?

There is some confusion about whether PD from the original labor is used as Priority date in case of Substitue labor or the date of I140 application
If your I140 approval has the same date as your original labor then things are clear.

Could you please check to see if I140 approval notice has same PD as original substitute labor ?
Click to expand...
I am a substitute labor case and even though I do not have a copy of 140 approval, but I do have a copy of 485 approval and the PD in that is same as the labor filing date of the substitutes labor.

Every case whether it is substitute or your own labor, the PD of the case is the labor filing date. If someone tells you otherwise he is wrong.
 
Need GURU's advice...

UN,
"It depends on the wording of your masters degree equivalency"

where do I see the wording you are talking about ?? On Approved Labor ?? or Education + experience evaluation ? :confused:

On Approved LC -
Item 14 - College Degree Required (specify) - "MS or equivalent degree"

On Edu+Exp. Eval -

"It is the judgement......Equivalent of (i) a master's degree in Economics and (ii) a master's degree in Computer information Systems from an accredited university in United States..






Quote:
Originally Posted by gctarget06
First of all I'd like to thank you all for sharing your knowledge/experience and taking time in posting comments/suggestion which are in great detail and amazingly accurate.

I am seeking your opinion/advice in the following scenerio.

I've applied for my I140/485/EAD/AP on a Subs Labor in EB3 category last month in Vermont. Here is the detail of the approved LC..

Item 9 - Programmer Analyst
Item 12 - Rate of Pay
55 K per year.

Item 14

Grade School - Blank
High School - Blank
College - 5
College Degree Required (specify) - MS or equivalent degree
Major field of study - Computer related

Experience - 0 years


Here is my detail...
MA (Economics/Finance) - 2 Years
BA (Economics) - 3 years
Diploma (Hon) in Software tech. & System Management. - 1 year
Diploma in Programming Languages - 6 months.
Plus many certifications from Microsoft & others....
Total IT experience - 8 years
IT experience before PD - 4.5 years
Current Salary = 62K

I submitted an edu. + exp. evaluation from a Professor and he evaluated me equivalent of an MS in computer information system based on my degrees and experience.

What are the chances of getting Approved/Denied ?? I am wondering if I should change the current employer and start fresh


Thanks a Lot in Advance...


It depends on the wording of your masters degree equivalency. If you don't mind, please post this on another thread. Gotta keep this at ability to pay.
thanks friend.
__________________
140/485/ead/ap rd 5.12.03
140 rfe, denial (education issues), motion to reopen, finally approved 4/27/04
ead/ap rfe#1 8/03, denied with all applications due to 140, motion to reopen 4/27/04, RFE #2 (same as #1), approved 6/22/04
FP#1, 4/07/04

I'm not a lawyer, but I am a CPA

ny.united@gmail.com
 
Thanks UN,
I guess I am in a lot of trouble. He has mentioned my experience as well as my Masters to prove the equivalency. it seems to be a little confusing to me though.

See what he has written " In summary it is the judgement of blah blah...that Mr XYZ as a result of BA degree and over 5 years of progressive work experince after completing the equivalent of Bachelor's degree, has the equivalent of (i) a Bachelor's of Arts and a (ii) Masters degree in economics (iii) a master's degree in Computer information Systems from an accredited university in United States.."


I guess I should start fresh as instead of waiting as I have around 1.5 year left in my H1...

What do you say UN ??
 
I truely appreciate your prompt reply UN...I am wondering if I get a re-eval based on my degrees, Can I submit it now as it has already been accepted by USCIS ?? Also Can I apply for 7th year extension to stay in US if my Labor is approved through PERM ? because I wont be able file I485 anymore as the dates has retrogressed...and who knows how long it'll take to be current...

Thanks UN...
 
I filed i140/485 using a pre approved LC concurrent filing (LC 2002) petetion Last month and received a rejection notice today that reads as follows

“You have submitted the application with Supplement A and $1000 statutory fee for adjustment of status under section 245(i) of the Immigration Nationality Act (INA). An Amendment of INA however makes you ineligible for Consideration under section 245(i) because

You are applying under the Diversity Visa Program. You have not established that you are the beneficiary of a visa petition or labor certification filed on or before April 30, 2001 who is grandfathered and thus eligible to adjust status under section 245(i)

Your priority date of immigrant petition is after April 30, 2001 and section 245(i) is no longer available for applicants after that date

If you still feel that you are eligible under section 245(a) you may resubmit your application with out supplement A and with out a payment of $1000 penalty fee"

My lawyer says its a blunder on part of INS to consider my employment based petetion on section 245(i) and we can reappeal shortly with a cover letter stating the issue.

did any one encounter such rejection and what steps need to be taken before repetitioning?

Please help
 
substitue labor

[Hi,
for substitue labor which says bachelors in computer science or equalent ,My education evalution says it is equalent in computer scince,
is that enough to proceed
 
I-140 Approved

Thanks unitednations and all. Finally my I-140 got approved on MTR. But now I fear my I485 may be denied because in 2001 my W2 is very very low. I have workde only for 3 months and it is around 18k. If it is denied or IF I have RFE. How to over come this.

unitednations AND other gurus please help.
 
Last edited by a moderator:
deep_trouble said:
Thanks UN NATIONS and all. Finally my I-140 got approved on MTR. But now I fear my I485 may be denied because in 2001 my W2 is very very low. I have workde only for 3 months and it is around 18k. If it is denied or IF I have RFE. How to over come this.

UN NATIONS AND other gurus please help.
Click to expand...
At I485 stage, the following are checked
1- Legal Status Maintained
2- Criminal/Background check
3- Employment/sponsorship
 
Labor Substitution Urgent Question. Please Help!!!!!!!!!!!

My company filed for my Labor in PERM, but it got denied due to insufficient information by the company(I don't know exactly what was missing). Now my company is ready to give me a pre-approved labor and the skill required on the pre-approved labor are as follows:
Research, analyze, design, and develop computer software applications and/or systems in conjunction with hardware product development. Will conduct software and business analysis as per client requirements in conjunction with budgetary and time constraints. Will consider implementation alternatives, implement and customize applications. Will test and document software application and/or systems. Will use technologies as per client requirements like SAP, Siebel, Oracle, PowerBuilder, C++, Unix, Windows NT and others as required by client project.
At the time of PD, I was doing all the duties as mentioned in italic, but I don't have all the skillsets as mentioned in the labor requirements. Out of skills 'SAP, Siebel, Oracle, PowerBuilder, C++, Unix, Windows NT', I have Oracle, Unix and WindowsNT and I have several other skill sets.
In case of pre-approved labor, how many skills should be matching with the labor?
Note: This labor is in EB2 category and the requirement is Masters with 1 year exp. and I have Masters with 2 yrs. 4 months. exp. at the time of PD.
Please Help!!!!
 
You must log in or register to reply here.
Top