Labor Substitution

[H1Transfer]

What is the name of your state? NY

One consultant approached me and told that he has Nov 2004 labor. He would like to substitute me. The Labor has Masters with 2 years experience. I completed my masters in April 2004. But I had been working since April 2002 and in parallel got my Masters degree. The experience is relivant to labor. Will the two years work experience while doing masters counts for labor substitution?

Thanks,

 

[ImmigAttyLana]

That depends on whether the preapproved labor suggests you have to have the 2 years of work experience post graduation or not.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[H1Transfer]

The preapproved labor suggests to have the post graduation Plus 2 years of work experience. I was working and completed the post graduation in parallel. Both I did the same time. Is my two years experience counts?

 

[ImmigAttyLana]

I really cannot advise on this specific matter without actually seeing the approved labor cert. I suppose you can always try and see what happens. Hopefully the employer is not asking you for money to use this preapproved labor as that is clearly against the law. At this point, with the priority dates wide open, there is really no reason to do this if you don't have to.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.