Questions on EB2 Labor Substitution

K

kevin_7

New Member
I have a labor filed in EB3 with Employer A with a Priority date of Oct 2004. Last month I met employer B who said he had a labor substitute available for me in EB2. Everything matched except the date of my masters degree is what he says. Any idea how important that would be??? or Any clause which can over-ride it??? I am just trying to explore other possibilities before closing it off. Any expert views or suggestions??
 
kevin_7 said:
I have a labor filed in EB3 with Employer A with a Priority date of Oct 2004. Last month I met employer B who said he had a labor substitute available for me in EB2. Everything matched except the date of my masters degree is what he says. Any idea how important that would be??? or Any clause which can over-ride it??? I am just trying to explore other possibilities before closing it off. Any expert views or suggestions??
Click to expand...
The eb2 experience you show should be post qualification experience. I think that is why your Masters degree date matters, it is important. If you had completed your Masters like 4-5 years back then you may be ok. You can consider showing Bachelor's + 5 years.

I am not an expert, i just happened to remember a post that talked about an RFE regarding post qualification experience.
 
indian_gc_ocean said:
The eb2 experience you show should be post qualification experience. I think that is why your Masters degree date matters, it is important. If you had completed your Masters like 4-5 years back then you may be ok. You can consider showing Bachelor's + 5 years.

I am not an expert, i just happened to remember a post that talked about an RFE regarding post qualification experience.
Click to expand...

My Situation is I graduated in 98 and I worked till '01 and joined my masters in early '02. I took break from work till early '04 and then was working on my OPT till my new H1 was filed. Though I completed my masters in '04 I didnt file to complete my degree formalities so that i could use my entire tenure of CPT/OPT of F1.

So in such scenario would that sub be still of any use to me???
Thanks
kevin
 
Assume that you had completed everything in '04, I would still say it would be very close call on your number of years of experience. I would think that USCIS would go by the date on which your diploma was awarded to you.

There is one other thing, you should have had this post qualification experience prior to the PD (filing date) of the substituted LC. I don't know what is the PD of substituted LC but if it is like 2004-2005 you are at risk.
 
indian_gc_ocean said:
Assume that you had completed everything in '04, I would still say it would be very close call on your number of years of experience. I would think that USCIS would go by the date on which your diploma was awarded to you.

There is one other thing, you should have had this post qualification experience prior to the PD (filing date) of the substituted LC. I don't know what is the PD of substituted LC but if it is like 2004-2005 you are at risk.
Click to expand...

PD of substituted LC is early 2002. :confused:
 
If you have completed you Bachelors in 1998 and Masters in 2004, it will be very difficult to use a 2002 EB2 LC. Only if the LC says that Bachelors +4 years is fine, you can go with this labor. Otherwise, it will be extremely difficult. Usually USCIS counts every month or day of your experience on the experience letters during I140. Check with your lawyer whats exactly on the labor and if there is anyother way.
 
In my case, my company filed a EB3 labor for me in March 2005, but it was stuck in Philadelphia Back log reduction center. In June 2006 I got an offer from another company to use a pre approved labor of EB2 for me with a priority date in 2006 somewhere. I have approx 6 and half years of experience after my Bachelors (I did Bachelors in 1999). Everything seems clear at till this.

But I have one question. The pre approved labor has 6 skill sets and I have 5 out of those 6. In addition to those 5 skill sets, I have few more in my experience letters from my previous employers. Will there be any problem at I-140 or I-485 stage (I can file concurrently) with the one missing skill set in the pre approved labor?

PS. My new employer is agree to file a new EB2 labor for me if I want, but he just wanted to save my time by using pre approved labor.
 
You must log in or register to reply here.
Top