With a 3 years Bachelors degree can I go for labor substitution?

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Rithu15

Registered Users (C)
My Labor priority date is June 2004 in EB3 category. My labor and I-140 are approved and I'm waiting for my I-485 filing. My education is Bachelors in Science(Electronics, Physics, Mathematics) - 3 years. I also have Post Graduate Diploma in Computer Applications for 1 year. I have experience for over 10 years.

I'm in this country for over 8 years and have been waiting so long for my Green Card.

I came across a company which has an Approved LC with current priority date in EB3. Education requirement says any Bachelors Degree (As per them, even 3 years Bachelors degree is ok). However, I'm hearing from some of my friends that even if the Education requirement in LC matches, it's still not advisable to go for Labor substitution on a 3 year bachelors degree and it's bound to get rejected with the new rules, especially in Nebraska.

My point is, on the same 3 year Bachelors degree my Labor and I-140 got approved in the past.

Please help me out on this. What do you suggest? If the education requirement matches, do you want me to proceed with the new approved LC? Or is it risky(since it's a 3 year bachelors degree) and better to stay with what I currently have? (EB3 June 2004 approval date, I-140 is approved)

Please help me out. Your advice would be a great help to me. Thank You.
 
Hi Rithu15,

The rquirements of labor substitute should be 95+% match if not exact for both Education and Experience. As of now, there are two problems with labor substitute: 1st, it is going to finish by the end of June. 2nd, as per latest news from USCIS and my attorney, you cannot file I-140 under premium process for any labor substitute case.

Since you already have an approved labor and I-140, so, I will say talk to the new employer and tell them that you can switch to them only if the labor gets approved and after filing the I-140. If possible, give them the option that you can bare these expenses (since you need it).

You will loose your approved labor and I-140, if you swithc to the new employer now. So, play safe.
 
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