Using a Sub Labor - please clarify.

[msd_gc]

Hello guys:

I am about to apply for my I-140/485 very soon with a span of 1-2 months between each. I have a question and want you to clarify if I am at a risk of getting a rejection -

This details of the sub labor are:
1. Recvd Date April 2001, approved Date MAy 2003
2. Bachlor's in Comp Science or Engineering.
3. 2 years of Experiece.
4. Salary of 80K.

Here are my details:
1. Almost ending my 6th year on H1B
2. 3 years Bachlor(Comp Science) + 2 years Masters(Comp Science).
3. 8 years of Exprience.
4. 100K current salary.

Do you think INS will send a RFE on this ? I have a Education eval showing my Masters in India is equivalent to MS (Comp Science) in US.

Do you think INS may reject due to the high salary I am getting now ... while LC has 20 K less per year ?

Thanks guy .... please reply as I taking a big risk by paying a huge amount on this LC.

 

[takegc]

I don't see any problem to use the substitute LC for your case in terms of education or salary.
You should also consider the financial standing of the company to satisfy ability to pay requirement etc.

thanks,
takegc

 

[talkative]

In April 2001, you must have had 4-year Bachelors AND two years work experience. If you had a Masters in April 2001, then I think that would satisfy the 4-year Bachelors requirement, but if you didn't have your MS by April 2001, you may run into trouble with 3-year Bachelors. Also, be prepared to give experience letters showing 2-years work experience prior to April 2001.

If you can meet above, then I think you are OK. I don't think your salary being higher is an issue, though as pointed out, the company should have ability to pay (ie, good financials)

~T

 

[msd_gc]

Got a Copy of Labor Cert.

Hello Guys:

I got a Labor Cert copy from my employer which he will use in filing for my I-140. So this is a Labor substitution case.

It has the Alien's name, address and Tel for whom it was orginally filed.

The title of this doc is "Application for Alien Employment Certification" with right top corner having "OMB Approval No 44-R1301".

On the bottom section titled "Endorsements(for govt. use only) in the "Date Forms Received" ... the S.O. Box says Nov 14 2001. All other boxes (LO, RO, NO) are empty, and there is a blurb stamp on the left of these boxes but not very legible - words like "wages and working conditions of workers" , "employer of the above will not" can be seen.

Do you think this is an approved Labor - Is this how typical Labor Certs are ? Please guide me as I am going to apply for my I-140 and dont want this guy to take advantage of my case.

Thanks ... You guys are great help.

 

[msd_gc]

Please Answer .....

Please can you guys answer my question .. I am eager to hear ... and go ahead with the filing.

Can I count on you ?

Thanks Guys ...

 

[msd_gc]

http://www.flcdatacenter.com/casesearchperm.asp
-- thanks for answering ....

Go to above web-site, put in companies name and select all fields. You will be able to find this labor on the site. By using the salary details and received date you will be able to track to see if it has been "certified". If the action is "certified" then it will have been approved.
--- there are several Labor Certs that are "Certified" but all their dates are not exact but in the same vicinity - a difference of 1 or 2 months. I see no date as Nov 14th 2001. Do I need to worry about this ?

Other things to watch out for:

1) Do you have the original copy of labor certification? If you don't what uscis will do is to look at the original beneficiaries file to see if they have gotten greencard from this labor. They will look at that person's file and then get the original and put it in your file. If they can't find the original then they will ask for it from DOL. If they ask for it from DOL it could increase the processing time by a year.
--- I think my employer will submit the original document.

2) Get the companies tax returns from 2001-2003 and also the amounts paid by this company to the original beneficiary.
--- my employer says the original beneficiary is not working for the company anymore. Left long back.

3) If the amounts paid to the beneficiary for all three years was less then proferred wage then the difference between actual and proferred wage must be made up by taxable income or current assets-current liabilities for each year. Each year must pass the test. If one year doesn't then it will get denied.
-- Here is the case .... this employer has a lot of employees - more than 50 to 60 and all well paid in the financial industry as consultants ... Do you think I still have to look into this assets/Liabilities issue.

What I am worried is - the LO, RO, NO dates boxes are all empty .... Do u think that is a problem ?

Do you think the dates are a problem ?

What will be my priority date if I apply for I-140 485 concurrently ?

Thanks a lot UN !

 

[Jharkhandi]

Hello Guys:

I got a Labor Cert copy from my employer which he will use in filing for my I-140. So this is a Labor substitution case.

It has the Alien's name, address and Tel for whom it was orginally filed.

The title of this doc is "Application for Alien Employment Certification" with right top corner having "OMB Approval No 44-R1301".

On the bottom section titled "Endorsements(for govt. use only) in the "Date Forms Received" ... the S.O. Box says Nov 14 2001. All other boxes (LO, RO, NO) are empty, and there is a blurb stamp on the left of these boxes but not very legible - words like "wages and working conditions of workers" , "employer of the above will not" can be seen.

Do you think this is an approved Labor - Is this how typical Labor Certs are ? Please guide me as I am going to apply for my I-140 and dont want this guy to take advantage of my case.

Thanks ... You guys are great help.

Looks like - it is.If you can Fax me- I can tell you but I know you would not so let us assume it is one indeed.

 

[Jharkhandi]

What I am worried is - the LO, RO, NO dates boxes are all empty .... Do u think that is a problem ?

Do you think the dates are a problem ?

What will be my priority date if I apply for I-140 485 concurrently ?

Thanks a lot UN !

Your PD will be the same that of original LC that you are using.

 

[Jharkhandi]

What I am worried is - the LO, RO, NO dates boxes are all empty .... Do u think that is a problem ?

Do you think the dates are a problem ?

What will be my priority date if I apply for I-140 485 concurrently ?

Thanks a lot UN !

Read what talkative has said - it applies to you!

--- there are several Labor Certs that are "Certified" but all their dates are not exact but in the same vicinity - a difference of 1 or 2 months. I see no date as Nov 14th 2001. Do I need to worry about this ?

No. I dont' know if you have a copy of LC in hand what are you searching on net

--- I think my employer will submit the original document.

Good for you.

2) Get the companies tax returns from 2001-2003 and also the amounts paid by this company to the original beneficiary.
--- my employer says the original beneficiary is not working for the company anymore. Left long back.

3) If the amounts paid to the beneficiary for all three years was less then proferred wage then the difference between actual and proferred wage must be made up by taxable income or current assets-current liabilities for each year. Each year must pass the test. If one year doesn't then it will get denied.
-- Here is the case .... this employer has a lot of employees - more than 50 to 60 and all well paid in the financial industry as consultants ... Do you think I still have to look into this assets/Liabilities issue.

No - such issues do not arise when you are being paid more than mentioned on LC. It is waste of time to think on such issues.