S Malik

Hello to everybody, Here is my situation. I did my B.S.(Computer Science) from City
College of New York in June 1998 as F1 student. Soon after graduating and after
working for 6 months with another firm (on OPT), I was hired by my current employer
who got me H1B. The employer started my green card process in May 2000. Labor
certification was approved in December 2000 (with only 6 months experience and B.S.).
They have now filed I-140 petition (EB3). I just wanted to know the possibility of
getting I-140 approved. I have "heard" by someone that, in I-140 process, INS
scrutinizes the candidate more than DOL regardless of the
LC. Can someone please elaborate on the exact procedure of I-140 and what are the
chances of getting this approved especially with 6 months experience? I would
really appreciate for your help.

Shahzad Malik

Neil Armstrong

You don't have to worry so much about I-140. From what I hear, the I-140 is probably
the simplest of all forms as compared to Labor Cert and I-485. Good luck.

S Malik wrote:

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Sylvia Ottemoeller

S Malik wrote:

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It is true that DOL is not generally responsible for verifying documents which
provide evidence of education and experience, and INS is responsible. Most attorneys
file all those documents with the DOL anyway, and then file them again with INS
together with the I-140.

If the job requires a bachelor's degree plus six months of experience, and you have
a bachelor's degree plus 6 months of experience, and proper evidence of these facts
are provided to INS, it does not matter how much INS scrutinizes. If the employer
proves that you fit into a category, INS has to approve the petition to classify you
in that category.

Can someone please elaborate on the exact procedure of I-140 and
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An employer submits Form I-140 to INS together with an approved labor certification,
if that is necessary for the requested classification. INS puts the petition in
storage for awhile. Then an INS examiner gets it on his or her desk. When he or she
gets around to adjudicating the petition, it may take an hour. If it looks O.K., the
examiner approves it and sends the approval notice to the employer. If it does not
look O.K., the examiner does something else, like sending the employer a request for
evidence, or notice of intent to deny.

S Malik

Sylvia Ottemoeller <[email protected]>
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[usenetquote2]> > Here is my situation. I did my B.S.(Computer Science) from City College of New[/usenetquote2]
[usenetquote2]> > York in June 1998 as F1 student. Soon after graduating and after working for 6[/usenetquote2]
[usenetquote2]> > months with another firm (on OPT), I was hired by my current employer who got me[/usenetquote2]
[usenetquote2]> > H1B. The employer started my green card process in May 2000. Labor certification[/usenetquote2]
[usenetquote2]> > was approved in December 2000 (with only 6 months experience and B.S.). They have[/usenetquote2]
[usenetquote2]> > now filed I-140 petition (EB3). I just wanted to know the possibility of getting[/usenetquote2]
[usenetquote2]> > I-140 approved. I have "heard" by someone that, in I-140 process, INS scrutinizes[/usenetquote2]
[usenetquote2]> > the candidate more than DOL regardless of the[/usenetquote2]
[usenetquote2]> > LC.[/usenetquote2]
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[usenetquote2]> > what are the chances of getting this approved especially with 6 months[/usenetquote2]
[usenetquote2]> > experience?[/usenetquote2]
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Thank you very much indeed for your expert opinion.

Shahzad Malik