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I have applied for 140 on a substituted labor in January, but haven’t seen 750A. I know that my skill set is not completely matching, they are kind of overlapping.
And I140 say’s
Memo of Professional w/Adv Deg or of Exceptional Ability Sec 203(b)(2)


1. Do immigration people will compare each skill set on labor with my resume? My skill set overlaps little bit. not like 100% match.
2. I have 4 years of Engineering degree from India in Electrical and Electronics Engineering and Have 5 Ѕ years of Experience in Software as programmer Analyst.
3. I work on hourly basics, how should I check that with salary with labor. If I get $37/hr ($76960/year), what is minimum / maximum that can be there on original labor.
4. What are the other things, I should ask my lawyer. I doubt he will share that information with me but I want to try.

It had been already late, I want to clearly know about my case and please help me to understand better and please help me in making most important decision. If this does not work I am planning to change employer, since my 6 years term on H1 is going to complete soon.

My EAD/AP approved and FB also done.

One of my friend wants to use AC21. Say for example if at the time of labor you were working as an UNIX administrator, and if you are now working in Java, would that cause a problem using AC21?

One cannot keep working on the same skill set when the labor was applied with this economic situations? Correct me if I am wrong.

As long as he works in Computer Industry would that help? United Nations, can you answer this?

One of my friend wants to use AC21. Say for example if at the time of labor you were working as an UNIX administrator, and if you are now working in Java, would that cause a problem using AC21? If you use AC21, you should have the same job title or a similar job title as defined by DOL (I dont know what a similar job title is and where to find the description .. so dont ask me) and must have the same job duties as described in the labor. Usually for technical jobs duties would be something like "analyze and design .... blah blah ... using Java, Unix etc". What I mean to say is that the duties are same irrespective of technology, but many times ************ are mentioned in the job duty / responsibility as defined in labor. So you have to be careful that the new company will write that for you if you get a NOID in support of your application
One cannot keep working on the same skill set when the labor was applied with this economic situations? Correct me if I am wrong. I agree .. but USCIS does not see it that way. Here what is important is what the law is and the law is that you can only change to a "similar profession". To be on the safe side change to a job where the employer can give you the same title and same job duties on paper .. what you actually do does not matter. Once you get your GC, open a Gas Station .. who cares.
As long as he works in Computer Industry would that help? United Nations, can you answer this?

Originally Posted by Con_File_Feb
I have applied for 140 on a substituted labor in January, but haven’t seen 750A. I know that my skill set is not completely matching, they are kind of overlapping.
And I140 say’s
Memo of Professional w/Adv Deg or of Exceptional Ability Sec 203(b)(2)


1. Do immigration people will compare each skill set on labor with my resume? My skill set overlaps little bit. not like 100% match.

You need to be a little more specific. In my case, when I received my previous employment letters, a couple of the companies would not give duties performed in the letter (some north american companies have policy to only confirm dates of employment and title).

2. I have 4 years of Engineering degree from India in Electrical and Electronics Engineering and Have 5 Ѕ years of Experience in Software as programmer Analyst.

If you somehow dont qualify for eb2, you could re-file in eb3. Are all 5.5 years after you got your degree and before priority date of labor and not gained with sponsoring employer?

3. I work on hourly basics, how should I check that with salary with labor. If I get $37/hr ($76960/year), what is minimum / maximum that can be there on original labor.

This would be mainly used for ability to pay. Since this is substitute labor the amounts paid to the original person would be used for those years after priority date and up until the time he quit. Company would then get credit for amounts paid to you from the time other person quit.

Not really sure how to answer your question. I cant tell if you are getting paid the proferred wage because you dont have the labor certification.

4. What are the other things, I should ask my lawyer. I doubt he will share that information with me but I want to try.

Ask for requirements from labor item 14 and 15 and what the proferred wage is? Also, you can file a freedom of information request on the 140/485 and you will be able to see for yourself.

It had been already late, I want to clearly know about my case and please help me to understand better and please help me in making most important decision. If this does not work I am planning to change employer, since my 6 years term on H1 is going to complete soon.

It looks like you are eligible for 7th year extension. That is labor greater then 365 days, 140/485 filed and less than six months before 6 years expire on h-1b. You should go ahead and get 7th year extension.

My EAD/AP approved and FB also done.



Originally Posted by Con_File_Feb
I have applied for 140 on a substituted labor in January, but haven’t seen 750A. I know that my skill set is not completely matching, they are kind of overlapping.
And I140 say’s
Memo of Professional w/Adv Deg or of Exceptional Ability Sec 203(b)(2)


1. Do immigration people will compare each skill set on labor with my resume? My skill set overlaps little bit. not like 100% match.

You need to be a little more specific. In my case, when I received my previous employment letters, a couple of the companies would not give duties performed in the letter (some north american companies have policy to only confirm dates of employment and title).

I have experience letters starting from first one as software programmer, Software Engineer Senior programmer Analyst, Technical Consultant, Programmer with Java and other ************.
I did not check the labor of substitute, but my lawyer told it is for programmer Analyst. So my question is that will Emigration official check each experience letter and just search for word programmer analyst or else it is ok if designation says software engineer or just programmer?

2. I have 4 years of Engineering degree from India in Electrical and Electronics Engineering and Have 5 Ѕ years of Experience in Software as programmer Analyst.

If you somehow dont qualify for eb2, you could re-file in eb3. Are all 5.5 years after you got your degree and before priority date of labor and not gained with sponsoring employer?
I already applied under EB2, so you mean in case of REF there would be chance to change to EB3, without outright denial, is that true?

3. I work on hourly basics, how should I check that with salary with labor. If I get $37/hr ($76960/year), what is minimum / maximum that can be there on original labor.

This would be mainly used for ability to pay. Since this is substitute labor the amounts paid to the original person would be used for those years after priority date and up until the time he quit. Company would then get credit for amounts paid to you from the time other person quit.

Not really sure how to answer your question. I cant tell if you are getting paid the proferred wage because you dont have the labor certification.

I am little confused at this one, I wanted to know if my salary is $76k/year working as hourly employee, what is expected salary should on the labor. So that I am not below that line, so that they will deny my case?
Is there any calculation we can do? Is that true to say that labor should not have salary more than $76k/year ? since I should have minimum of that salary or above?

4. What are the other things, I should ask my lawyer. I doubt he will share that information with me but I want to try.

Ask for requirements from labor item 14 and 15 and what the proferred wage is? Also, you can file a freedom of information request on the 140/485 and you will be able to see for yourself.
I have already filed for FIOA, I do not know, how much is the excepted waiting time ?

It had been already late, I want to clearly know about my case and please help me to understand better and please help me in making most important decision. If this does not work I am planning to change employer, since my 6 years term on H1 is going to complete soon.

It looks like you are eligible for 7th year extension. That is labor greater then 365 days, 140/485 filed and less than six months before 6 years expire on h-1b. You should go ahead and get 7th year extension.

I was in great dilemma, whether to stay with same company or move to different one and start fresh again with new labor rather than substituted one, where I have to match every thing correctly.
Actually my H1 would expire in Feb 2006, so I would like to apply for new labor before Feb 2005. if I am not sure, if my case is fine with substituted labor. I already got my EAD/AP and done FB’ing.

It is taking so long for EB2, if there was some decision or some movement in EB2 cases I would have got some hope or I can make a right decision.
Do you have any idea, or guesses, when EB2 will start moving again?
My EAD/AP approved and FB also done.