Need opinion on Substitute LC

L

Loti_GC

Registered Users (C)
I got a substitute LC NSC : PD: 08/05/2002. My experience and degree also matches with the LC.

I think because of retrogression I can't do that cocurrent filing. Do you think it would be useful to use this LC. Or, should I continue with my current employer in Boston and let him file through Perm and all the normal procedure.

Very confused .. please help.

Thanks in Advance.
 
If the LC is for EB2, then there is no retrogression as of now. If it is for EB3 then you have some trouble. Try to see if you can file Perm for EB2 instead. In the worst case you have this LC anyway.
 
Thanks for the reply. Substitute LC is for EB3 category. I was wondering since LC Priority date is 08/02/2002, wouldn't I be able to file for I-485 when I-485 date becomes current. and probably I'll get my 140 and 485 together.

Also, the perm which is going to be filed might be for EB3 also. Hard to decide.

Thanks.
 
If your education and experience match the subst. LC, I can't see how it hurts to use this and file for 140 now (and file 485 when your PD becomes current).

Even if you use perm now, your PD will be in 2005 and who knows how long it'll take for EB3 priority dates to reach 2005.
 
Thanks for your reply.

One more thing I learned today that, Substitute labor has been used before to file I-140 for an employee. But, due to some unforseen circumstances that employee had to leave the company and employer had withdrawn the I-140 application.

Do you guys think its a problem or it is safe to use the substitute LC even though I-140 had been applied before.

Thanks!!
 
Education evaluation

The substitute labor which I am going to use has "Bachelor of Science" degree and its a EB3 category labor. It does not have words like "Equivalent".

My qualification is Bsc(3years) + 2Years Masters in computers.

My lawyers is sayin, even though the education evaluation equates it to BS degree, you should not take the risk of filing I-140 with this substitute labor. Because NSC is very picky on these issues.

Please please please share your thoughts.

Greatly appreciated.

Thanks!!
 
I dont think anyone on this board is more qualified than your lawyer in predicting the vagaries of NSC. If you dont trust this lawyer, cross-check with another one.
 
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