indomitable_77
Registered Users (C)
Hi,
I've got an offer from a company where they have a pre-approved labor with PD Jan 28 2004 applied in EB2. As of now, i'm still planning to apply for LC. My qualifications (master's with 2 yrs exp) match the EB2 requirements and the job qualification under which the labor was applied. Now i'm not able to deside whether to go for it or not as there or some things that i'm not clear abt and kinda worried if they pose any problem in future if i select this option.
1) The LC shows MS+1yr exp. The original alien had MS degree from India and 1yr exp from US. And i've 1 yr exp in India and MS degree from US. Does this mismatch really matter? Job duties etc r matching fine.
2) I read somewhere that the labor substitution beneficiary will not carry the old PD and the PD will be the date when the I140 is applied for the beneficiary with the substituted LC. It says "Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferable to another alien" IS THIS TRUE? If yes, this is of no use in my case.
3) Can i join the company after they file I140 with the substituted labor? or after I140's approval? Is it OK?
Plz share ur knowledge on this as making a choice is crucial in this situation. Thank u.
I've got an offer from a company where they have a pre-approved labor with PD Jan 28 2004 applied in EB2. As of now, i'm still planning to apply for LC. My qualifications (master's with 2 yrs exp) match the EB2 requirements and the job qualification under which the labor was applied. Now i'm not able to deside whether to go for it or not as there or some things that i'm not clear abt and kinda worried if they pose any problem in future if i select this option.
1) The LC shows MS+1yr exp. The original alien had MS degree from India and 1yr exp from US. And i've 1 yr exp in India and MS degree from US. Does this mismatch really matter? Job duties etc r matching fine.
2) I read somewhere that the labor substitution beneficiary will not carry the old PD and the PD will be the date when the I140 is applied for the beneficiary with the substituted LC. It says "Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferable to another alien" IS THIS TRUE? If yes, this is of no use in my case.
3) Can i join the company after they file I140 with the substituted labor? or after I140's approval? Is it OK?
Plz share ur knowledge on this as making a choice is crucial in this situation. Thank u.
