Work experience 58 mos and EB2 labor says 60 months!!!

[shamla1]

My EB2 labor got approved.

However, the employment verification letters for I140 totalled my work experience to 58 months instead of the required 60 on the labor.

Has any one filed for I140 in this situation where the work exp was a little less than the labor specification?

Any thoughts on pressing ahead with current situation or file for new labor again to be safe?

[kiron1999]

Hi Shamla,

As far as I know if you have to qualify for EB2 you must have either Bachelors + 5 Years of work experience or Masters + 1 year of work experience.

There are lot of ways you can percieve this situation :

Lets assume in your labor filing it must have been either Bachelors + 5 Years though you have 58 months as work experience till date am sure it will be more than 2 months before you get your green card so automatically you can add the current time to your work experience which would exceed more than 60 as required by the Labor since GC is for future employment.

Lets assume the second scenario where the labor is approved for Bachelors + 5 Years but have Masters + 58 months then you are perfectly o.k.

I would suggest dont panic but consult a good attorney regarding the same. Please dont take my suggestions as a legal advice.

Cheers,
Cooldude

[JoeF]

Re: Work experience 58 mos and EB2 labor says 60 months!!!

"As far as I know if you have to qualify for EB2 you must have either Bachelors + 5 Years of work experience or Masters + 1 year of work experience."

That is Bachelor + 5 or Masters degree.