Labor substitution question

S

smm123

Registered Users (C)
I joined company X when I had 4yrs and 2 months of IT experience. They filed for my labor in Eb3 (PD April 2003). The job title provided was Software Consultant. My company now has an approved EB2 labor with the same job title which they are willing to substitute for me. The priority date is Feb 2003. I have more than 5yrs of experience in Feb 2003. I also have a 4yr engineering degree from India.

My question is whether I'm eligible to use the available EB2 labor to file for I140.

Appreciate any feedback.
 
smm123 said:
I joined company X when I had 4yrs and 2 months of IT experience. They filed for my labor in Eb3 (PD April 2003). The job title provided was Software Consultant. My company now has an approved EB2 labor with the same job title which they are willing to substitute for me. The priority date is Feb 2003. I have more than 5yrs of experience in Feb 2003. I also have a 4yr engineering degree from India.

My question is whether I'm eligible to use the available EB2 labor to file for I140.

Appreciate any feedback.
Click to expand...
If I understand it correctly, you are required to have fulfilled the experience requirement stated on the pre-approved Labor Certification BEFORE you joined this company. Since you had 4 years 2 months experience when you joined the company, and the LC requires 5 years, there could be an issue.

However, I would encourage you to speak to an experienced immigration attorney to clarify this and not go entirely by what I or anybody else in this forum has to say. You should try your best to take this opportunity.
 
smm123 said:
I joined company X when I had 4yrs and 2 months of IT experience. They filed for my labor in Eb3 (PD April 2003). The job title provided was Software Consultant. My company now has an approved EB2 labor with the same job title which they are willing to substitute for me. The priority date is Feb 2003. I have more than 5yrs of experience in Feb 2003. I also have a 4yr engineering degree from India.

My question is whether I'm eligible to use the available EB2 labor to file for I140.

Appreciate any feedback.
Click to expand...

Yes it can be done. A good lawyer and lots of money would get you to subsitute the Labor.
Remember EB2 requires 5 years exp. But a good lawyer can work you case. Just throw your money at his face and get it done.

Just do one favor to others. Cancel the Labor application that you filed in EB3 for 2003 when your Labor Subsitution is done.

neo
 
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