Question for Jim and other gurus - Labor Substitution

H

hardworker

Registered Users (C)
Dear Jim and other gurus of this forum:

My company has filed for my I-140/I485 Concurrently using Substitute Labor - At the time of filing I-140, I was told that the firm lawyer had thoroughly reviewed the case and gave his consent on going ahead with that approved labor.... However, after reading the concerns of so many other friends on this web site about using substitute labor, I am myself concerned now (I know there is nothing that I could do now.. I will wait and see what's in store for me...) Nevertheless, I had a few questions...

1) Should I have matched all the qualifications + Work experience mentioned in the Approved LC, at the time of joining the company or at the time of applying for the Labor certification?

3) Is an education evaluation always required? I have a Masters in Electrical Engineering from US and I personally did not think that an evaluation was required (Maybe a mistake, but I thought that INS would not have much of a problem in assessing my scores - Attached a copy of my official transcript)

2) Has anyone heard of any I140 approvals of similar cases in this gray area?

I'll take my chances if I hear otherwise.... Got my EAD approved and scheduled for FP next week.

Thanks and I appreciate your input..!
 
Q1) Should I have matched all the qualifications + Work experience mentioned in the Approved LC, at the time of joining the company or at the time of applying for the Labor certification?

A1) BOTH.

Q2) Has anyone heard of any I140 approvals of similar cases in this gray area?

A(Q actually)2) What grey area?

Q3) Is an education evaluation always required? I have a Masters in Electrical Engineering from US and I personally did not think that an evaluation was required (Maybe a mistake, but I thought that INS would not have much of a problem in assessing my scores - Attached a copy of my official transcript)

A3) As long as you have the requisite degree from a US university, no evaluation is required.
 
Thanks

Jim,

Thanks so much for getting back so quickly. The "grey area" that I referred to was matching the education + experience at the time of filing the LC and joining the company.

To rephrase my question again: Have you on anyone on this forum heard/come across any I140 approvals for only partial fulfillment of the above clause? (Education + Experience matches with the LC approval at the time of joining the firm but not so at the time of applying for Labor)

Thanks again.
 
There is no ambiguity about it. You were either qualified at the time or you were not. The question is if a US Citizen or GC holder had your qualifications and applied for the position at the time, could the person have been considered not qualified for the position.

INS may approve the I-140, but it would be a mistake for them to do so if you were not qualified at the time. Some of the applicants that did apply during the recruitment period may be qualified now but that does not help them now.
 
Jim, can you shed some light....

Jim,

I need some advice from you. Is a matching of the Job Title and salary MUST for Labor Substitution?? Everything else matches (Education requirements, experience, training etc at the time when the original Labor was filed). Can this case be approved:

To put in simple way, everything matches except the job title and salary (salary is 80% of the LC specified salary).

Appreciate your response.
 
You would need to be promoted to the position and given the salary on the LC when the GC is approved. It is not necessary for you to be in the position now, just to have the future job offer.
 
Thank You Jim.

Jim,

Thanks a bunch for your quick response. I had one last question: What should be the particulars in I-140 filed with: ie., regarding Job Title & Salary. Can I-140 be filed with the current title and current salary?? (which is different than stated on the approved LC)

You mentioned: "You would need to be promoted to the position and given the salary on the LC when the GC is approved. It is not necessary for you to be in the position now, just to have the future job offer." . When should we provide documentation to support this??

Thanks in advance.
 
In situations such as yours I always have a line regarding promotion to the new position when the GC is approved.
Obviously, you would explain in greater detail if INS issued and RFE.
 
Jim,

Thanks for your reply. Does that mean that the I-140 application can be filed with my current job title/salary which is different than that of the approved LC and then provide a letter stating that I would be promoted to the title/salary mentioned in pre-approved LC??

In plain words: Should my I-140 reflect my current job title/salary or the details on the approved LC?? and then a letter of promotion etc on getting the GC be attached to the I-140 application packet to INS.

Please advise.

Thanks in advance
 
That is how I have always done it. I've always stated" Mr. X is currently employed by us in H-1B status as _____ as an annual salary of _______. Upon award of Permanent Residence, Mr. X's position, salary and duties will be those stated in the approved LC and I-140."
 
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