Labor Substitution

[microthunder]

1) My I-140(filed seperately, not together with I-485) denied in Nebraska.
2) My current company employer is saying they are going to file from Labor again.
3) Looking for a new employer who can substitute approved labor and file I-140 and I485
4) I have BS in Computer Technology - 3 years degree, no additional diploma or ceritified course certification
5) Is there is any risk involved in substituting approved labor and filing 140 and 485 through a new company which is having approved labor, hope matching my skillset? if yes please give me details.

Thanks

 

[lc2003]

Sorry to hear your denial. Post more details about your denial, the reason and EB3/EB2 ...etc.

so that people can share their experience.

 

[ginnu]

1) My I-140(filed seperately, not together with I-485) denied in Nebraska.
------- what is the reason I-140 denial?????
2) My current company employer is saying they are going to file from Labor again.
------ do you have more than 2 years left on H1B? if yes let them file LC ASAP
3) Looking for a new employer who can substitute approved labor and file I-140 and I485
------ if you find, then take the copy of approved LC and your education, exp letters to a lawyer let him evaluate if you are eligible to use that LC, you need to be having the SAME education, EXP as asked on LC BEFORE the date that LC was filed. other risk is the the worker who got the LC approved and if I-140 was filed for him by company then he MAy have filed I-485 (without employer knowege) make sure they have not filed I-140 based on that LC
4) I have BS in Computer Technology - 3 years degree, no additional diploma or ceritified course certification
--- LC can be filed in EB3 and in item 14 and 15 of ETA750A lawyer should write 3 years degree acceptable or 3 years degree and Exp of 1or 2 year is acceptable. it is very important fot the lawyer to write correct info in iten 14 and 15, if your degree is not from US then lawyer has to write extra details what they will accept
5) Is there is any risk involved in substituting approved labor and filing 140 and 485 through a new company which is having approved labor, hope matching my skillset? if yes please give me details.
---read answer to iten 3
Thanks

 

[dazzling]

1) My I-140(filed seperately, not together with I-485) denied in Nebraska.

Sorry to hear that. Please post your denial reason alongwith what was required according to the labor.

2) My current company employer is saying they are going to file from Labor again.

This is the correct approach if you cannot over come the denial reason in the Motion to Reopen / Appeal. If you post your details, many people on this board will be able to guide you.

3) Looking for a new employer who can substitute approved labor and file I-140 and I485
4) I have BS in Computer Technology - 3 years degree, no additional diploma or ceritified course certification
5) Is there is any risk involved in substituting approved labor and filing 140 and 485 through a new company which is having approved labor, hope matching my skillset? if yes please give me details.

The thing with substituted labor is that you should meet both the degree and experience requirements of the labor. In US a Bachelors Degree is specifically of 4 years and USCIS is stubborn to consider a 3 year degree to be equivalent to a 4 year degree. Unitednations is one person who was able to do that but he was educated in Canada (closer to USA) and I am guessing you are educated in India. Specifically I have seen in many AAO decisions that USCIS / AAO categorically state that the 3 year Bachelors degree given by an Indian University is not equivalent to a 4 Year US Bachelors degree. So if you go by substituted labor, the labor should specifically state in education requirements that the employer will accept a 3 year degree instead of a 4 year one. If you do find such a labor, then go for it. Else if you file a new labor, ask your employer to add this to the filing. But be careful to not write too much as the labor itself may not get approved. I think you will be walking on thin ice over here.

To add, Nebraska is very very strict on education. If you go for substituted labor try filing either in Vermont or California.