Very Critical Experience Letter Question

[bcmandal]

My approved PERM Labor had requirements like: MS + 3 years experience in SQL Server Admin, C/C++, Visual Basic, Java, C#, HTML, and ASP.

I have a total of 13 years experience with 5 different Company's after BS degree (8 years after MS degree). I am with my current employer for 3 years and have been working in two position with them. My current position is a lead position and this is the LC processing job.

I am not counting any experience of two positions from my current employer and summing up programming langauage wise experience from previous 4 diferrent experience letters. For example, Letter 1 says: ....worked for 2 years using C/C++, Java, VB; Letter 2 syas: ... worked for 1 year using SQL Server, C/C++, Java. So the sum is: SQL Server ===> 2 Yrs, C/C++ ===>3 Yrs, Java ===>3 Yrs, VB ===> 2 Yrs etc.

After counting this way, I have little short experience (1 yr short) in one programming language C# (item no 5 below). But if I count C# experience in my immediate previous position with my current employer it becomes 5 years. All other skills are more than 3 years needed separately.

My employer is state university. My Lawyer says, my I-140 may be in trouble as one of the programming language (C#) experience is less than 3 years. Is it true? If so, please advice me what I can do for it.

A. Language wise expreience sum up (not counting current employer's job)
=======================================================

1. SQL Server : 5 Yrs
2. C++ : 7 Yrs
3. VIsual Basic : 5 Yrs
4. Java : 5 Yrs
5. C# : 2 Yrs <----------------------
6. HTML : 5 Yrs
7. ASP : 5 Yrs


B. Following is my skill wise expreience breakup (including current employer's job):
=========================================================

1. SQL Server : 8 Yrs
2. C++ : 10 Yrs
3. VIsual Basic : 8 Yrs
4. Java : 8 Yrs
5. C# : 5 Yrs
6. HTML : 8 Yrs
7. ASP : 8 Yrs


Thanks for your time for reading this.

[knagasai]

the labor is approved for certain skills and your skills should officially match to avoid risk of rejection.

You must work with your employer and lawer for best optimization.

[leifbooger]

Yes, nowadays a lot of I-140s getting rejected. If the skill set and educational qualifications is not an exact match, ask your employer to start a fresh labor application. Under PERM, it hardly takes any time.

[TomPlate]

Please apply immediately for Labour once more. Lot of people are getting within 2 days labour and then do 140 an other week. Since now date is current then you can file 3 weeks from now 485.. Please do so immediately.

[Rakson_jojjo]

My employer is having 2006 approved PERM labor which was filed for some other candidate. Old employee left the company and now my employer wants to use that labor for me.

I want to know whether PERM labor substitution is possible or not?

As far as I am aware PERM process was introduced to avoid this kind of labor substitution but from this mail thread it appears your employer is also doing labor substitution for approved labor under PERM processing.