neil.0505
08-08 04:07 PM
No you will have to get your visa stamped with the new approval from Company B before reentering the US.
Thanks you for your reply.
Q. Can I travel to canada by car and avoid a new VISA stamping ?? (I have a valid I-94).
Thanks,
Neil
Thanks you for your reply.
Q. Can I travel to canada by car and avoid a new VISA stamping ?? (I have a valid I-94).
Thanks,
Neil
wallpaper Nina Dobrev and Ian
sertasheep
07-04 12:47 PM
amitjoey, janakp, tikka, macaca, others, please check your email or Private messages for a proposed conf call for some of the key members from IV
snram4
01-13 04:13 PM
It is common that anti immigrant provisions will be enforced when unemployment is decade highs. We need to fight to change those. If not then try to overcome those restrictions by joining better companies. If that is also not possible then go back to India. So many job opportunities and no uncertanity of job or immigration
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
2011 Nina Dobrev and Ian
Kushal
07-27 06:09 PM
Kaushal,
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
more...
Tito_ortiz
03-14 12:02 PM
Just fill out the forms and submit them. It is very easy. It took 6 months for me to get the PR in the Socialist Canada. Then it took 1 month for me I should get out of there quickly. Very low pace, not many high level employment, high taxes. I visited a friend there last weekend. In Vancouver, it rains like hell and it is depressing to me. I said, darn, why am I living here? If I am not going to have significant career advancement, I should go back home than staying here enjoying this rain. In Toronto it is cold like hell. Go there and spend a couple of weeks and see if you like it. People are usually friendly there. In the end, it depends on how bad is back home when compared to Canada. Good luck.
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
samay
07-14 06:51 AM
How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.
It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.
It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.
more...
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.
2010 Ian Somerhalder, Nina Dobrev,
vivid_bharti
09-03 02:34 PM
I don't know him as a human being but I know him as the ruler of AP, and I can tell you one thing. There have not been and probably there will not be a politician more corrupt than YSR in the history of India. He was milking the state treasuries as if it was his family property.
more...
_TrueFacts
09-10 02:01 AM
YSR the most corrupt politician (http://www.zimbio.com/Telugu+Movies/articles/14097/YSR+most+corrupt+politician)
Corruption in Irrigation Projects
The Stink of Cement
Sakshi: Investments and Rewards
The VANPIC Link
Maytas, Satyam and Metro
WAQF Land Sold Illegally
Power Fraud
COVERT is a magazine: http://www.sriviews.com/2009/03/story-of-ysrs-corruption/ click on the main image for pictures of documents
Andhra Pradesh Chief Minister Y.S. Rajasekhara Reddy has been presiding over large-scale corruption in the State, with huge amounts of money being made and squandered by a small group of influential politicians and their friends and relatives
The entire operation is carried with internal benchmarks of bids being changed to favor select companies, pre-bidding rules flouted for friends and relatives, Waqf properties sold for a song, and individuals and companies that invested in son Jagan Mohan Reddy’s huge media enterprise rewarded with other lucrative projects in Andhra Pradesh.
Covert has documents to prove that there are links between many other projects and companies floated by the Chief Minister’s son Y.S. Jagan Mohan Reddy. Covert has a copy of several Board resolutions of this company, confirming that Jagan Mohan Reddy is the director of Raghuram Cements and fully authorised to deal with the financial transactions.
Congress MP V. Hanumantha Rao told Covert, “This boy was nothing in 2004 [when Y.S.R. came to power] and now he has a lot of businesses, two or three companies can be understood, but so many…”
SAKSHI: INVESTMENTS AND REWARDS
Sources said that several of the companies investing in Jagan Mohan Reddy’s pet Sakshi project have been rewarded with other projects. For instance, Hetero Limited that has invested nearly Rs 4 crores in Sakshi, has been allocated a pharmaceutical SEZ at Polyppaly.
The State Government has exploited every loophole to seal this Rs 5,000-crore project that involves the acquisition of 25,000 acres of land in the State.
MAYTAS, SATYAM AND METRO
No rules apply in Andhra Pradesh under Chief Minister Reddy, who wilfully orders officials to clear deals and projects in violation of all laws. The link between the Congress and Satyam’s Ramalinga Raju, who is now under arrest for a major corporate scam, is established through the manner in which the bid for the multi-crore Hyderabad Metro Rail project was finalised, and the rules totally violated with full connivance of the Reddy Government.
WAQF LAND SOLD ILLEGALLY
Chief Minister Y.S.R. Reddy is also presiding over what sources describe as the completely illegal selling off of Waqf property in the State. There is a long list of cases where prime Waqf land has been sold for a pittance, with others getting the bulk of the money. In what is a classic case reflecting rampant corruption, 100 acres of Waqf property at Manakonda village was acquired by the State Government and sold to an infrastructure firm Lanco at throwaway prices
The editor of Siyasat, the Hyderabad-based Urdu daily, Zaheeruddin Ali Khan told Covert that Lanco made a profit of Rs 10,000 crores on this property that was acquired from the Wakf Board at a price of just Rs 60 crores.
Corruption in Irrigation Projects
The Stink of Cement
Sakshi: Investments and Rewards
The VANPIC Link
Maytas, Satyam and Metro
WAQF Land Sold Illegally
Power Fraud
COVERT is a magazine: http://www.sriviews.com/2009/03/story-of-ysrs-corruption/ click on the main image for pictures of documents
Andhra Pradesh Chief Minister Y.S. Rajasekhara Reddy has been presiding over large-scale corruption in the State, with huge amounts of money being made and squandered by a small group of influential politicians and their friends and relatives
The entire operation is carried with internal benchmarks of bids being changed to favor select companies, pre-bidding rules flouted for friends and relatives, Waqf properties sold for a song, and individuals and companies that invested in son Jagan Mohan Reddy’s huge media enterprise rewarded with other lucrative projects in Andhra Pradesh.
Covert has documents to prove that there are links between many other projects and companies floated by the Chief Minister’s son Y.S. Jagan Mohan Reddy. Covert has a copy of several Board resolutions of this company, confirming that Jagan Mohan Reddy is the director of Raghuram Cements and fully authorised to deal with the financial transactions.
Congress MP V. Hanumantha Rao told Covert, “This boy was nothing in 2004 [when Y.S.R. came to power] and now he has a lot of businesses, two or three companies can be understood, but so many…”
SAKSHI: INVESTMENTS AND REWARDS
Sources said that several of the companies investing in Jagan Mohan Reddy’s pet Sakshi project have been rewarded with other projects. For instance, Hetero Limited that has invested nearly Rs 4 crores in Sakshi, has been allocated a pharmaceutical SEZ at Polyppaly.
The State Government has exploited every loophole to seal this Rs 5,000-crore project that involves the acquisition of 25,000 acres of land in the State.
MAYTAS, SATYAM AND METRO
No rules apply in Andhra Pradesh under Chief Minister Reddy, who wilfully orders officials to clear deals and projects in violation of all laws. The link between the Congress and Satyam’s Ramalinga Raju, who is now under arrest for a major corporate scam, is established through the manner in which the bid for the multi-crore Hyderabad Metro Rail project was finalised, and the rules totally violated with full connivance of the Reddy Government.
WAQF LAND SOLD ILLEGALLY
Chief Minister Y.S.R. Reddy is also presiding over what sources describe as the completely illegal selling off of Waqf property in the State. There is a long list of cases where prime Waqf land has been sold for a pittance, with others getting the bulk of the money. In what is a classic case reflecting rampant corruption, 100 acres of Waqf property at Manakonda village was acquired by the State Government and sold to an infrastructure firm Lanco at throwaway prices
The editor of Siyasat, the Hyderabad-based Urdu daily, Zaheeruddin Ali Khan told Covert that Lanco made a profit of Rs 10,000 crores on this property that was acquired from the Wakf Board at a price of just Rs 60 crores.
hair Nina Dobrev and Ian
AirWaterandGC
05-11 04:39 PM
If I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
more...
Imigrait
06-15 07:37 PM
Guys, I am sure everyone in this forum will get greencard, unless they don't want it. You just need to be patient and wait for your turn. My priority date is 06/03 and EB3. I am pretty sure, I should get my GC by EOY 2011. I am in this country since 1997. Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
How're you sure? :confused: or would you rather say you hope and think that this is a possibility.
How're you sure? :confused: or would you rather say you hope and think that this is a possibility.
hot Nina Dobrev
snathan
01-18 12:45 PM
There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
more...
house ian-somerhalder-nina-dobrev-12
SunJoshi
12-31 07:30 PM
US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that
http://www.flight-capital.com/
This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
This is an independent non-partisan source who can be quoted in our cause.
logic,
Is there a way you can find out some contact info of the writer? maybe we can ask his help
http://www.flight-capital.com/
This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
This is an independent non-partisan source who can be quoted in our cause.
logic,
Is there a way you can find out some contact info of the writer? maybe we can ask his help
tattoo Nina Dobrev amp; Ian Somerhalder
FinalGC
07-22 02:21 PM
I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
Dear Friend:
The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.
Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
Dear Friend:
The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.
Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)
more...
pictures ian somerhalder and nina
eyeswe
07-21 04:33 PM
I think we have met somewhere OR I have seen you somewhere...
Would you like to be financially independent?
Are u from XYZ Engg College in Mumbai
The Amway cheer ...
... There is lot of excitement in this room with X,Y,X, A etc.. and this excitement is going all the way to P, Q, R on the phone.. Heyyyyyyyyyyyyyyyy Heyyyyyy, Heyyyyyy, Heyyyyyyy " and folks jump around to show the excitement
Needless to say I have been in several Amway bait situations. My room mates were Amway folks and we use to have several meetings at my place -- upline, downline used to be the manthra...
Would you like to be financially independent?
Are u from XYZ Engg College in Mumbai
The Amway cheer ...
... There is lot of excitement in this room with X,Y,X, A etc.. and this excitement is going all the way to P, Q, R on the phone.. Heyyyyyyyyyyyyyyyy Heyyyyyy, Heyyyyyy, Heyyyyyyy " and folks jump around to show the excitement
Needless to say I have been in several Amway bait situations. My room mates were Amway folks and we use to have several meetings at my place -- upline, downline used to be the manthra...
dresses Elena (Nina Dobrev), Damon
venky321
01-14 12:25 AM
Is this Memorandom final?
If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:
1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).
Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.
If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:
1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).
Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.
more...
makeup Nina Dobrev and Ian
samay
07-28 04:12 PM
Question for Lawyer or Senior Members of Forum:
Dear Sir/Madam,
I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.
She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.
Thank You All for Your Help
/COLOR]
Regards,
Josh
[COLOR="Blue"]
Yes -so long as the AP is still valid.
Dear Sir/Madam,
I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.
She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.
Thank You All for Your Help
/COLOR]
Regards,
Josh
[COLOR="Blue"]
Yes -so long as the AP is still valid.
girlfriend Paul Wesley, Nina Dobrev e Ian
DallasBlue
07-03 07:52 PM
primetime@abcnews.go.com; 2020@abcnews.go.com thisweek@abcnews.go.com ; nightline@abcnews.go.com ; tmoran@abcnews.go.com ; 60m@cbsnews.com ; arooney@cbsnews.com
just now sent emails to the above, Request you all to do the same to bring their attention.
just now sent emails to the above, Request you all to do the same to bring their attention.
hairstyles Nina Dobrev and Ian
thomachan72
09-17 03:27 PM
[QUOTE=arunmurthy;916610]Cousin of my friend got an email that his card production has been ordered.
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.[/QUOTE
Really?? are you sure??
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.[/QUOTE
Really?? are you sure??
apnair2002
04-29 09:23 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
srikondoji
06-26 02:17 PM
That was an attempt to get an award for a fancy rumour.
Yes, you can laugh.:D
Is this a joke..let me know if i can laugh at this one.
Yes, you can laugh.:D
Is this a joke..let me know if i can laugh at this one.
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