Urgent case for help.

[preseeker]

Hi guys,

I have a urgent question, think guys here have more experience so can give me an answer.
I am about to file I140, but the labor description in my labor certificate saying the job requires 5 years experience, and
I have only two years experience.
I talked with the lawyer since he insists there's no problem,
saying that I140 doesnt care about experience at all, it's
only concerned about the company financial status. Labor is
for work experience match, and I140 is for company financial,
I485 is for personal information. So he said since my labor
is approved, there's no worry at all.
Is that really the case? since I find this lawyer a little lack of
experience before, and did make sth wrong which screwed
up my colleagues' labor petitions.
Job description: BS+5 years work experience
me: MS + 2 years work experience

Any suggestions?
Thanks a lot,

 

[peace0901]

Sorry to give you the bad news

What your lawyer says is NOT TRUE

Your I-149 is based on what your Labor certification claims are qualifications required for the permanant position your employer advertises.

If your qualification and the qualification of the job for whick LC was obtained do not match, INS considers it basis for rejection. However, in your case, a good lawyer may argue (may or may not work) that your MS + 2 yrs experience may be equalent to LC requirements (assuming that your BS and MS are related to what LC job description says.

Bottom line is, the qualifications in LC MUST match your qualifications to be successful. A generic description of qualifications in LC is always is helpful For Example: if your LC says 5 years experience or equalent education (MS) will help your case....I would start by taking a look at LC and tke a second opinion.

I am not a lawyer, my knowledge is based on years of reading others experience on forums like this. I hope experts take time to comment on your case......Hope that I am wrong and you get more hopeful response from the experts.

 

[zirindaba]

preseeker

Hmmm!!!!! Lawyers Anyway if your LC mentioned that five years exprience is required then it is required. I got RFE for exprience my LC mentioned 2 yrs exprience but the Exprience letter we sent was showing the two years but INS insisted that it had to be 2yrs before i filed my LC disregarding the other yr that I was waiting for the LC to be approved. But since your LC requested BS and You have MS then the time you spent doing MS might be considered as epxrience provided they are different from the 2 yrs exprience you have. But man make sure you have 5yrs otherwise they are going to sent you a RFE for exprience. Men sent my greetings to yr lawyer he better reads some more books. But continue to consult and start looking for solutions just in case you are sent an RFE how to go about it, get in touch with jim mills I wish you luck