Labour substitution

K

Kat999

Registered Users (C)
Hi Guys,

My case is in Philly Oct 27, as iam seeing lot of problems in DE labour filing. I wanted to go for a labour substituion from New jersey as back up.How long will it take to transfer labour? Can I go for this if my case is in fed. processing.

I appreciate your advise.

Regards
Kat
 
Labor substitution can be filed directly alongwith your 140/485. So the day you file - you are ready to go.

Yes you can file labor substitution even when your other LC is in fed.
 
Thanks a Million

Jharkhandi

Thank you once again for your quick reply, Typically how many days will it take to verify my qualification/experience etc and certify the labour on my name.I got a offer for labour in New Jersey.

Please share your valuable experience.

Best Regards
Kat
 
Kat999,

I have not undergone such experience. But what typically happens is that if there is any query on mismatch of LC, you will be notified(or rather your lawyer) and RFE will be raised. The time is not predictable really.

For any substitution, it is suggested that:
1. Check match with a very competent lawyer.
2. Do not file 485 till 140 is done. If, by any chance, there is problem on substitute LC, your status will not be geopardized.

I would suggest wait 6 months after you file 140 before you start with 485. Usually you get RFEs in forst 6 months - just to be on safe side.
 
I am about to file 140/485 with Subst. Labor but,

The Job Title on the approved labor says "Database Analyst"
and the Certifying officer has mentioned "Programmer Analyst (030.162.010)" as the OCC title.

Will this be a problem.

What should the experieence letter from my previous employer say as the position I worked in,

Databse Analyst - OR - Programmer Analyst ?

And what should I mention on my resume?

Please provide some insight.

Thanks
 
The OCC code is usually a vague term as they cant have a code for every job titles. Since the Labor says Database Analyst and has been approved under the assigned OCC code, you should not worry about those codes. What you should worry about is that your job position and any stated experience (in the labor) matches your actual experience. For example if in the labor, the job required you to have worked on databases for x years, then you should have had that experience (on the date that the approved labor was filed).

You should mention your real experiences in your resume, again look at the approved labor and see if you match the experience and educational requirement - the idea is to match your resume to the job requirements.

001

Originally posted by lbud2
I am about to file 140/485 with Subst. Labor but,

The Job Title on the approved labor says "Database Analyst"
and the Certifying officer has mentioned "Programmer Analyst (030.162.010)" as the OCC title.

Will this be a problem.

What should the experieence letter from my previous employer say as the position I worked in,

Databse Analyst - OR - Programmer Analyst ?

And what should I mention on my resume?

Please provide some insight.

Thanks
Click to expand...
 
Thanks for the reponse.

The yrs experience, and educational reqmnts. match one to one at the time the labor was recvd by sesa.

I took up employment in June 1997 and the subst. labor was filed in feb 2001. The LCA mentions BS in Comp Sci or eqvt. and I have BE Comp sci.

Plus it states 2yrs of exp in the job offered and/or related exp. of 2 yrs. I believe I qualify for that by 2001.

I also have exp. letters from my prev. employer stating that.

**This labor is for future employment though.**
 
One more question,

The Labor Cert, that I am planning to use mentions,
2yrs exp in Job Offered Column
2 yrs exp in related field.

Does that mean i need to have 4 yrs of exp. at the time the labor was filed.

Regards
 
Originally posted by lbud2
One more question,

The Labor Cert, that I am planning to use mentions,
2yrs exp in Job Offered Column
2 yrs exp in related field.

Does that mean i need to have 4 yrs of exp. at the time the labor was filed.

Regards
Click to expand...

Yes.
 
The instructions does suggest that it is an OR unless otherwise stated, and I assume you are asking this because you did not see "AND" in the form. So you are good to go, however please do consult the attorney that the requirement is indeed 2 years.

001
Originally posted by lbud2
http://findit.emp.state.or.us/aliencert/instrper.cfm

Searh for "related occupation"

Please read the instructions and let me know. What you think.

It looks like the the 2 cols are interpreted as "OR".

The instructions state that a word AND must added between the 2 cols to indicate explicitly.

Appreciate your help.
Click to expand...
 
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