Experience letter for 140 Labor

[indianpro]

My Qualifications

 

3 year bachelor of science (computer science) from India.

1 year post graduate diploma (computers)

 

 

PERM Labor drafted as mentioned

 

Education minimum level required : OTHER

" bachelor or equivalent / employer deems combo of univ education as determined by professional evaluation "

 

Is training required in the job: NO

Is experience in the job offered required for the Job: NO

Is there an alternate field of study that is acceptable: NO

Is there alternate combination of education and exp acceptable: NO

Is foreign equivalent acceptable: YES

Is experience in alternate occupation acceptable: YES

if yes, number of months exp in alternate occupation required: 36

 

 

Problem is I only have 24 months of experience letters with job duties, I do have 48 months of experience but I don't have detailed experience letter to support 36 months of experience, nor I am able to obtain detailed experience letters.

 

will I get 140 approval in EB-3 skilled worker based on just my education as primary requirement

OR does this Labor suggests that 140 can be approved only on basis of ALTERNATE experience requirement ??

[jairichi]

 

My Qualifications

 

3 year bachelor of science (computer science) from India.

1 year post graduate diploma (computers)

 

 

PERM Labor drafted as mentioned

 

Education minimum level required : OTHER

" bachelor or equivalent / employer deems combo of univ education as determined by professional evaluation "

 

Is training required in the job: NO

Is experience in the job offered required for the Job: NO

Is there an alternate field of study that is acceptable: NO

Is there alternate combination of education and exp acceptable: NO

Is foreign equivalent acceptable: YES

Is experience in alternate occupation acceptable: YES

if yes, number of months exp in alternate occupation required: 36

 

 

Problem is I only have 24 months of experience letters with job duties, I do have 48 months of experience but I don't have detailed experience letter to support 36 months of experience, nor I am able to obtain detailed experience letters.

 

will I get 140 approval in EB-3 skilled worker based on just my education as primary requirement

OR does this Labor suggests that 140 can be approved only on basis of ALTERNATE experience requirement ??

 

Without experience letter I doubt you will get approval. What does your attorney say?

[indianpro]

Attorney says they need experience letter.

I am trying to argue that for skilled worker even more than 2 years of training (education) is sufficient.

[Attorney_9]

If the labor certification lists any amount of experience, you will need to demonstrate that you possessed at least that amount of experience prior to filing the labor certification.    If you are unable to provide a letter from a previous employer in the format USCIS requires you will need to provide a self-affidavit describing your attempts to obtain that letter, 2 colleague affidavits from individuals that worked with you at that previous employer and any secondary evidence of that employment (i.e. service certificates, paystubs, W-2s, immigration documents, etc).

[t75]

OP,  What makes you think you are qualified to argue anything - especially with an immigration attorney or a US government representative?

[indianpro]

OP,  What makes you think you are qualified to argue anything - especially with an immigration attorney or a US government representative?

 

Well, I take that back.. " argue " may not be the right word, but just trying to make my point.

EB3 Skilled worker = 2 years training and/or experience.

 

Thanks Attorney_9 for detailed feedback. I have enough secondary evidence to support it.

[Attorney_15]

This labor certification is phrased to require a BS/equivalent and 3 years of experience in an alternate acceptable occupation. So unless USCIS is presented with experience letters or satisfactory and sufficient affidavits and secondary evidence for the entire 3 year period, the I-140 would not normally get approved.