pls advice -> labour substitue

R

ram_gc

Registered Users (C)
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
 
ram_gc said:
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
Click to expand...
1. You qualify for the labor so you can use this labor.
2. you should file in EB3. You can file in EB2 as you have a Bachelors Degree and have 5 years experience after that. But USCIS will not consider the job to be requiring a Bachelors Degree + 5 years of experience. So do not file in EB2.
3. You should file fast as in EB3 category there is a possibility of the priority dates retrogessing.
4. Since your company is small, I would be worried about Ability to Pay. Unitednations (a member on this board) is an expert on this. You should talk to him before filing as he can advise of of what kind of financial documents you should provide with the filing.
 
Dazzling,

Thank you so much for boosting my confidence. How can I contact unitenations. Is there any archive or something I can check on this forum. Sorry I am new to this forum and I found this forum very useful and informative. You guys are great in helping/sharing info each other !!
I have my H1B till March 2/2005. So I think I should hurry up in filing the 140. Any other pointers/suggestions I should be aware of ??

thanks
 
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