labour substitution-> please advice

[ram_gc]

Hi,

I have a question on labour certificate substitution and really would

appreciate if you can give me some suggestion to go for it or if any risk

involved filing the 140/485 with the labour substitute in following

scenario.

My qulification and exp:
BS + 9 years of experience in IT
status: H1B

Pre-approved LC details:

Qualification-> No college degree is required (column 14 of LC says NA)
2 years of education in comp field
(Grade SChool-> 6, High school->6, College->2)
experience: 2 yrs in programming field
Also the approved labour is for a F1 visa candidate.

Now my question is can I consider this pre-approved labour for my GC

process or any risk involved in going for this as the pre-approved labour

is not for H1b candidate, no college degree is required and also required

experience is only 2 yrs.

Also the company who got this pre-approved labour has only 10 employees

and this is the first labour got approved through that company and if I

file then that would be the firs GC filed from this company.

Can you please provide your openion/suggestion for this situation. Your

suggestion is greatly appreciated.

Thanks much

 

[will_get_there]

Looks good to me...

From the info. you have provided it looks good to me. Check the skill set match i.e if there is any programming skills mentioned like Java etc.

Ask a lawyer to match it and see what he/she says. Don't worry about the number of people in the compnay, just make sure that from the day the labor was filed till date your company has never been in a loss and net assets have always been more than the salary mentioned in the labor. For companies with less than 100 employees, the ability to pay issues are bigger than other issues so do your homework there.

 

[ram_gc]

Thanks much will_get_there for your input. Do you know by any chance by looking at the education requirement mentioned in the pre-approved LC (as I mentioned above) what kind of education it is pointing to ? I cant say what is this equivalant in India (6yr Grade School, 6yrs High school, 2 yrs college).
Thanks