nogc_noproblem
07-17 01:02 PM
Friend, as advised (?) by you, I read your other posts in this thread, I could not find the source but I found what you are saying to others.
“This whole thread is speculation
Try to think logically
You should read the INA law clearly.
But if this speculation makes you happy, enjoy!”
You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
“This whole thread is speculation
Try to think logically
You should read the INA law clearly.
But if this speculation makes you happy, enjoy!”
You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
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kuhelica2000
02-13 10:06 AM
I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.
Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->
TOEFL
GRE
Admission into US university (most likely for masters)
Scholarship or loan
MS/Phd in US
Internship using OPT
Job/ H1
Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.
There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )
And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.
So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.
Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.
I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.
Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->
TOEFL
GRE
Admission into US university (most likely for masters)
Scholarship or loan
MS/Phd in US
Internship using OPT
Job/ H1
Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.
There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )
And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.
So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.
Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.
I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.
qvadis
02-13 06:44 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
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ragz4u
02-06 02:25 PM
http://www.murthy.com/news/n_endsub.html
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garybanz
02-15 10:27 AM
If anyone is willing to take this forward (with or without IV) then i'll b happy to contribute financially
vkrishn
07-21 11:23 AM
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
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truthinspector
07-16 05:01 PM
I am working with my company for last 3 yrs on H1-B. I have an approved I-140 and I am filed under EB3.
My H1 expires soon and the employer is going to apply for an extension. After that, they plan to file a new labor for me in EB2 and port the EB3 PD; once the EB2 I-140 is approved. My current title is "Software Engineer". They plan to file me as "Senior Software Engineer". My experience before joining my current employer was 7 yrs.
Is this a legally advisable/feasible scenario? I do have EAD and want to make sure I keep my options open. Given the current scenario, it may take a while to get the new EB2 labor and I140 approved.
Is there is a risk to my existing approved I-140 in this?
Please advise.
My H1 expires soon and the employer is going to apply for an extension. After that, they plan to file a new labor for me in EB2 and port the EB3 PD; once the EB2 I-140 is approved. My current title is "Software Engineer". They plan to file me as "Senior Software Engineer". My experience before joining my current employer was 7 yrs.
Is this a legally advisable/feasible scenario? I do have EAD and want to make sure I keep my options open. Given the current scenario, it may take a while to get the new EB2 labor and I140 approved.
Is there is a risk to my existing approved I-140 in this?
Please advise.
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shreekarthik
06-22 09:23 AM
so where can I get labor for sale ?
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maximus777
06-15 12:13 PM
The original post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
Amen to that.
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
Amen to that.
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485_spouse
07-08 08:53 AM
Hi,
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?
Thanks,
485_spouse
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?
Thanks,
485_spouse
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ramus
07-04 08:56 AM
Good morning..
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
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willigetgc?
01-14 12:03 PM
.
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Humhongekamyab
08-16 09:03 AM
Wish we had US' work culture: Cop - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/Wish-we-had-US-work-culture-Cop/articleshow/4898121.cms)
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WeShallOvercome
07-11 06:33 PM
Can you share with us the steps (or a link maybe) to file on our own.? I have heard of Maple a lot and most of my friends in the west coast are going through them. That's why I referred their name here. Note: I am not paid to market them and they are very expensive :(
thks!!
lotr
Send me a PM and we can discuss. I filed myself for the whole family of 3 and didn't get a single question (RFE) asked.
thks!!
lotr
Send me a PM and we can discuss. I filed myself for the whole family of 3 and didn't get a single question (RFE) asked.
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lazycis
02-13 12:38 PM
And how do you support that argument please ?
8 USC 1152(a)
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
8 USC 1152(a)
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
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alterego
12-21 05:18 PM
albertpinto,
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
In my view that sets the bar too low for us. You can never get any certainty with an EAD/AP, with a green card one is considered a "probationary American". With this sort of request, there will be a "probationary period to probationary citizenship".
At this juncture, if you are in a secure job and can hold that job, especially if other jobs depend on yours, and feel secure enough to buy a home in this country, you are a tremendous asset to this country at this time.......period.
The skills, savings mentality, strong family values, capital and international contacts that we possess are a net plus to this country.
I have not come to this country to beg for anything, I have come to benefit myself while benefiting America. There are synergies here for us and any fair minded person will see this. Only narrow minded people who have a zero sum mindset eg Lou Dobbs can't see this. If an EB5 investor, a spouse of a citizen, and other categories can get a green card right away, why would a similar option not be afforded someone who will in a substantially tangible way benefit the economy near and long term. The American public will embrace this if presented to them in the appropriate way.
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
In my view that sets the bar too low for us. You can never get any certainty with an EAD/AP, with a green card one is considered a "probationary American". With this sort of request, there will be a "probationary period to probationary citizenship".
At this juncture, if you are in a secure job and can hold that job, especially if other jobs depend on yours, and feel secure enough to buy a home in this country, you are a tremendous asset to this country at this time.......period.
The skills, savings mentality, strong family values, capital and international contacts that we possess are a net plus to this country.
I have not come to this country to beg for anything, I have come to benefit myself while benefiting America. There are synergies here for us and any fair minded person will see this. Only narrow minded people who have a zero sum mindset eg Lou Dobbs can't see this. If an EB5 investor, a spouse of a citizen, and other categories can get a green card right away, why would a similar option not be afforded someone who will in a substantially tangible way benefit the economy near and long term. The American public will embrace this if presented to them in the appropriate way.
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rajsenthil
05-02 01:33 PM
If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?
I do not understand what do you mean by this? Can you explain it?
I do not understand what do you mean by this? Can you explain it?
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at0474
12-14 12:55 PM
......
--Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
--Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
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vdlrao
07-24 09:40 PM
I really doubt whether any attorney knows how many total VISAS are there for EB1 + EB2 for the fiscal year 2008. On this total EB1 + EB2 we got an estimation based on our calculations in our privious posts.
sajimm
05-17 08:50 PM
I would recommend to be very careful if you are considering to use substitution labor. See the quote from http://www.immigration-law.com below.
04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider
The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences
04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider
The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences
Sideliner
09-23 01:41 PM
..On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.
This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.
This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.
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