sh2005
02-12 01:32 PM
I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?
I have the same question. State dept advances the date just so that the available visas are used up for that category by the end of the fiscal year. If a category is retrogressed, then it can't really be "undersubscribed". Maybe there's more to it than what meets the eye here?
The following was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
In the past, state dept guesstimated the demand for visas and changed the dates accordingly. Now that USCIS has almost everyone's I-485 application (those who were able to file by August 2007), logic would dictate that the state dept calculates these date movements based on feedback from USCIS. But maybe that isn't the case. Does anyone have any insight on this?
I have the same question. State dept advances the date just so that the available visas are used up for that category by the end of the fiscal year. If a category is retrogressed, then it can't really be "undersubscribed". Maybe there's more to it than what meets the eye here?
The following was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
In the past, state dept guesstimated the demand for visas and changed the dates accordingly. Now that USCIS has almost everyone's I-485 application (those who were able to file by August 2007), logic would dictate that the state dept calculates these date movements based on feedback from USCIS. But maybe that isn't the case. Does anyone have any insight on this?
wallpaper Vince Carter | The Rafters
sanjay
03-27 11:47 AM
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
Rb_newsletter
01-13 03:52 PM
THIS IS BIG AS 30-40% OF PEOPLE WHO WORK IN THIS CONTRY ARE RENDERING SOME KIND OF CONSULTING SERVICE TO THE CLIENTS. ALL DESI CONSULTANTS ARE DOOMED FOR GOOD.
In this country it is not the H1bs alone do consultanting/contract. Many staffing companies are there, and even individuals have their own companies and go for contract jobs. I have seen many prefer contract jobs because they make more money when compared to full time. If American businesses got used with consulting/contract even without H1bs, then why this department do not want to accept the practice. Why should small consulting companies get affected?
In this country it is not the H1bs alone do consultanting/contract. Many staffing companies are there, and even individuals have their own companies and go for contract jobs. I have seen many prefer contract jobs because they make more money when compared to full time. If American businesses got used with consulting/contract even without H1bs, then why this department do not want to accept the practice. Why should small consulting companies get affected?
2011 Vince Carter
alterego
01-28 09:14 AM
USCIS should create a way of reporting such abuses, with protection to those who report it.
This is one area I think most people can agree upon. It might seem at first glance to be a victimless crime, but we clearly know otherwise.
This just goes to show how lopsided EB immigration is in favour of the employer. When companies without much reputation wantonly disregard the rules, and blatantly advertise like this, the USCIS/US gov't ought to reconsider whether they are deserving of such power. If not because such practices hurt those like us, then because they hurt US workers as well.
The solution however is not to disband the entire H1b system/EB greencard system as the anti immigrants want but to modify the rules surrounding it. I think most fair minded people can agree that this is needed now.
This is one area I think most people can agree upon. It might seem at first glance to be a victimless crime, but we clearly know otherwise.
This just goes to show how lopsided EB immigration is in favour of the employer. When companies without much reputation wantonly disregard the rules, and blatantly advertise like this, the USCIS/US gov't ought to reconsider whether they are deserving of such power. If not because such practices hurt those like us, then because they hurt US workers as well.
The solution however is not to disband the entire H1b system/EB greencard system as the anti immigrants want but to modify the rules surrounding it. I think most fair minded people can agree that this is needed now.
more...
GetGC08
07-30 05:01 PM
Both these are separate processes and note that the I-140 is for a future job.So relax.
Hello Samay,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2??Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $ 65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
Hello Samay,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2??Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $ 65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
vinabath
10-24 11:01 AM
If you join Microsoft , you might get less salary but they pay your insurance 100%. Is microsoft selling insurance to you?? its just a benefit/perk being an employee of microsoft.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
more...
BECsufferer
04-01 12:58 PM
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
:D:D:D
I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.
On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).
Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!
We can keep guessing but you know who is the right guy ,
:D:D:D
I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.
On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).
Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!
2010 Looking at a Vince Carter
xela
02-13 02:57 PM
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by
YEs all the people I know around me are ROW EB3 and PDs 2002 and 2003 and no GC, so please stop thinking we have it so good!
With regard to the per country limit.....there is only one for the first 3 quaters and it seems like in the last couple of times in the last quater India and Chine and maybe Phillipines did end up getting more GCs than their per country limit, at least I was so informed by my lawyers.
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
Some EU countries are doing the exact same thing by the way.
I do believe in diversity in any way and shape, and I do not stand for discrimination. I am just trying to face the reality.
I also have days when I wonder about leaving my own country which provided me with a wonderful education and how I am taking away from that country by leaving for my own success? if you don't have days when you feel guilty good for you.
take care
YEs all the people I know around me are ROW EB3 and PDs 2002 and 2003 and no GC, so please stop thinking we have it so good!
With regard to the per country limit.....there is only one for the first 3 quaters and it seems like in the last couple of times in the last quater India and Chine and maybe Phillipines did end up getting more GCs than their per country limit, at least I was so informed by my lawyers.
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
Some EU countries are doing the exact same thing by the way.
I do believe in diversity in any way and shape, and I do not stand for discrimination. I am just trying to face the reality.
I also have days when I wonder about leaving my own country which provided me with a wonderful education and how I am taking away from that country by leaving for my own success? if you don't have days when you feel guilty good for you.
take care
more...
Green_Always
08-15 05:42 PM
Why should it be a surprise?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
I agree 100% simply Indian Media make more of this. I know only one face of SRK, who knows such big guys what they are into ?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
I agree 100% simply Indian Media make more of this. I know only one face of SRK, who knows such big guys what they are into ?
hair Vince Carter NBA Wallpaper
logiclife
06-27 07:15 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
http://www.immigration-law.com/
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
more...
PlainSpeak
01-14 05:02 PM
well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.
it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.
and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.
i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
No comments there i agree with you
what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be
Jai Hind
Ok the official negetive count is 4500 MINUS for me so i guess no one stepped up and tried to do the right thing. Ok you know what guys there is nothing else to talk here any more and i guess things will never change here. So here is what i am going to do
1. I have a final reply to make to Mr VBKris77. Once i make the reply i will be gone for the day so i will not check any reply. I hope that the reply will answer all the people out here who are asking for some plan from me. Its a start but what is more important is that you guys realize that there was a serious intent and will to do something. There is one suggestion in the reply which i am sure will raise a big laugh from all you guys but please remember that the flower campaign was in the same vein and inspried by the same great man and that went on to be a hugh success.
2. Now to really make it a point that i am done here i will delete by account (If i can) or i would request IV Core and/or IV Admin to delete my account. If that can be done i would appreciate it. If anyone else can do it that will really be a big thing. Regarding the Post. If it gets deleted well and good and i would prefer it gets deleted because there has been no impact of the thread and when i say impact i mean impact in thinking of senior members and donors
Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.
it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.
and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.
i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
No comments there i agree with you
what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be
Jai Hind
Ok the official negetive count is 4500 MINUS for me so i guess no one stepped up and tried to do the right thing. Ok you know what guys there is nothing else to talk here any more and i guess things will never change here. So here is what i am going to do
1. I have a final reply to make to Mr VBKris77. Once i make the reply i will be gone for the day so i will not check any reply. I hope that the reply will answer all the people out here who are asking for some plan from me. Its a start but what is more important is that you guys realize that there was a serious intent and will to do something. There is one suggestion in the reply which i am sure will raise a big laugh from all you guys but please remember that the flower campaign was in the same vein and inspried by the same great man and that went on to be a hugh success.
2. Now to really make it a point that i am done here i will delete by account (If i can) or i would request IV Core and/or IV Admin to delete my account. If that can be done i would appreciate it. If anyone else can do it that will really be a big thing. Regarding the Post. If it gets deleted well and good and i would prefer it gets deleted because there has been no impact of the thread and when i say impact i mean impact in thinking of senior members and donors
hot The Jane Carter Solution
poorslumdog
09-04 12:19 PM
You are showing your contribution in all your postings. Don't have any shame???
your left hand should not know what your right hand is doing(giving)
It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
You need to change the style, if you are in Rome, behave like Romas.
Answer the question directly...Dont give all these crap.
your left hand should not know what your right hand is doing(giving)
It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
You need to change the style, if you are in Rome, behave like Romas.
Answer the question directly...Dont give all these crap.
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house Vince Carter prepares to
arian2002
09-28 11:30 AM
Friends, found this in Yahoo today..what you all think about this?
http://realestate.yahoo.com/promo/renting-makes-more-financial-sense-than-homeownership.html;_ylc=X3oDMTFta3Jqcjk3BF9TAzI3MT YxNDkEX3MDOTc2MjA0NjUEc2VjA2ZwLXRvZGF5BHNsawNyZW50 aW5nLWJldHRlcg--
http://realestate.yahoo.com/promo/renting-makes-more-financial-sense-than-homeownership.html;_ylc=X3oDMTFta3Jqcjk3BF9TAzI3MT YxNDkEX3MDOTc2MjA0NjUEc2VjA2ZwLXRvZGF5BHNsawNyZW50 aW5nLWJldHRlcg--
tattoo Vince Carter
gonecrazyonh4
11-11 01:50 PM
While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
yes, I agree, but that is what is happening.With a subsitute labor you get to keep the old PD.
yes, I agree, but that is what is happening.With a subsitute labor you get to keep the old PD.
more...
pictures VINCE CARTER
TeddyKoochu
09-17 03:23 PM
I wish the statement is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
dresses Vince Carter is still
edgarrecto
02-12 03:07 PM
Just missed.... My PD is EB3 Sep 2001... Not sure what is going to happen because of the latest name check procedure change....
my pd is september 27,2005. i am from thephilippines. i guess eb3 for philippines will be current very very soon
my pd is september 27,2005. i am from thephilippines. i guess eb3 for philippines will be current very very soon
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makeup vince carter wallpaper dunk
apnair2002
04-29 09:26 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.
girlfriend Vince Carter of the Magic
msp1976
02-13 06:07 PM
Well
I have friends that make 3 times as much as I do...The only difference is that they have a GC and I do not..and I am making much better than an average American....
So your saying that I am not suffering is not soothing to me...It does not reduce my pain.....It does not convince me in any way....
Not just that...My friends who chose not to come to America now have a higher net worth than me....So coming to America has not exactly been a great thing for me....More over whatever you are saying is just salt on my wounds...nothing less than that....
I have friends that make 3 times as much as I do...The only difference is that they have a GC and I do not..and I am making much better than an average American....
So your saying that I am not suffering is not soothing to me...It does not reduce my pain.....It does not convince me in any way....
Not just that...My friends who chose not to come to America now have a higher net worth than me....So coming to America has not exactly been a great thing for me....More over whatever you are saying is just salt on my wounds...nothing less than that....
hairstyles Phoenix Suns#39; Vince Carter is
villamonte6100
12-14 01:22 PM
Unfortunately, I am not a lawyer. I am a tech guy just like you. I wish I could help.
Our firm deals with corporate cases, either litigation or transactional, but not immigration. In fact, we hired an immigration lawyer to process my GC.
Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.
Our firm deals with corporate cases, either litigation or transactional, but not immigration. In fact, we hired an immigration lawyer to process my GC.
Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.
rongha_2000
07-26 02:42 PM
So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.
There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.
I am an Indian and proud to be so. Indians - Remove the "SLAVE" mentality from your minds. Think positive. Do some thing good for India, where you have been born and brought up; where your previous generations have flourished. Since, you are now living and earning in US, be loyal to US too.
There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.
I am an Indian and proud to be so. Indians - Remove the "SLAVE" mentality from your minds. Think positive. Do some thing good for India, where you have been born and brought up; where your previous generations have flourished. Since, you are now living and earning in US, be loyal to US too.
PlainSpeak
01-14 12:58 PM
don't make up your own sorry, sad, soap opera
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
You think that by arguing on the forum, you can come up with a better idea.
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
don't make up your own sorry, sad, soap opera
My friend a correct it is not mine but it is a sad reflection of your story
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
Ahhh my friend no one is asking for core to implement this suggestion. The suggestion was for discussion. Now all we had is name calling but no dicsussion. I hve not had even one esteemed member and donort and volunteer explain to me why this idea is a bad idea
You think that by arguing on the forum, you can come up with a better idea.
My friend for an idea yes discusiion is needed. Now once the idea is agreed upon it has to be fleshed out. That is when people get inv,loved in doing the ground work and i knwo i could go aon and on burt what is the use of talking about a house bluepritn when all guys are willing able and ready to do is tear up the idea in a ferezy
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
Eggs at IV?? My friend if my intention was naything i would have been much worse. But i stil have hope in you all. At some point of time tempers will cool down and people will start thinking rationally
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
Yes i did not work because i choose not to. Evrybody started as a fresher in any xcareer. No body was born experienced. Now you can take this point as my plunge into IV work but noooooo you do not want a person with a different idea. You want a slave who wil lsay Yes Master and do your bidding.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing
on forums.
Who is cursing on forum. If you read through the messages again you people are cursing and i am patiently replying back to each and every one
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
My friend i will not jump into a hole in the ground if i am a sheep and the hole contains 100 wolfs baying for blood(yes that would be all you abusers). Since we are talking about actionable idea let me talk about something
When i started this topic i had about 800 + points. When i last checked i have now - 2000 points. All these given by people like you (All these donors and senior members). Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
You think that by arguing on the forum, you can come up with a better idea.
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
don't make up your own sorry, sad, soap opera
My friend a correct it is not mine but it is a sad reflection of your story
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
Ahhh my friend no one is asking for core to implement this suggestion. The suggestion was for discussion. Now all we had is name calling but no dicsussion. I hve not had even one esteemed member and donort and volunteer explain to me why this idea is a bad idea
You think that by arguing on the forum, you can come up with a better idea.
My friend for an idea yes discusiion is needed. Now once the idea is agreed upon it has to be fleshed out. That is when people get inv,loved in doing the ground work and i knwo i could go aon and on burt what is the use of talking about a house bluepritn when all guys are willing able and ready to do is tear up the idea in a ferezy
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
Eggs at IV?? My friend if my intention was naything i would have been much worse. But i stil have hope in you all. At some point of time tempers will cool down and people will start thinking rationally
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
Yes i did not work because i choose not to. Evrybody started as a fresher in any xcareer. No body was born experienced. Now you can take this point as my plunge into IV work but noooooo you do not want a person with a different idea. You want a slave who wil lsay Yes Master and do your bidding.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing
on forums.
Who is cursing on forum. If you read through the messages again you people are cursing and i am patiently replying back to each and every one
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
My friend i will not jump into a hole in the ground if i am a sheep and the hole contains 100 wolfs baying for blood(yes that would be all you abusers). Since we are talking about actionable idea let me talk about something
When i started this topic i had about 800 + points. When i last checked i have now - 2000 points. All these given by people like you (All these donors and senior members). Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great
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