whitecollarslave
09-23 02:54 PM
Yes, mine was approved a month back without any hassles and bought the home ....
If you don't mind sharing who was the lender?
If you don't mind sharing who was the lender?
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pmat
05-11 01:35 PM
What happens to the money contributed to US Social security if you move to Canada (for stays < 10 yrs in US). Can you transfer the social security to Canadian system?
ramus
06-28 08:48 PM
There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Sure!!!
Nothing will come out of it.
Whats the difference between God and USCIS?
Atleast God doesn't think that He is USCIS.
So, relax.
In the worst case scenario, we will be no better off in July than we are in June.
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Sure!!!
Nothing will come out of it.
Whats the difference between God and USCIS?
Atleast God doesn't think that He is USCIS.
So, relax.
In the worst case scenario, we will be no better off in July than we are in June.
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sri1309
09-23 05:53 PM
I am titled towards this idea. We can say its hard to get a mortgage with the status pending..
But nobody likes my idea ? Premium processing @$10K. I am sure there will many who would like to do it, but based on response I got, I am doubting now.. Anyone who thinks this can be proposed too?
But pls keep calling on 5882.. I still feel there is a chance..
But nobody likes my idea ? Premium processing @$10K. I am sure there will many who would like to do it, but based on response I got, I am doubting now.. Anyone who thinks this can be proposed too?
But pls keep calling on 5882.. I still feel there is a chance..
more...
reddy77
09-23 02:10 PM
Yes, mine was approved a month back without any hassles and bought the home ....
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
bajrangbali
06-05 01:10 AM
That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.
Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.
Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.
Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?
Thanks.
Some interesting points you bring up here.
Forget those who got citizenship, even those who got GC turn a blind eye to the immigration issues and people still in line.
I can bet most of the GC and USC guys/gals would want us to just leave and stay away from USA :D
Tough luck pal..this is a dog eat dog world..and especially so with our guys/gals who are brought up in the rat race culture right from childhood...
"Live and let live" - yet to meet someone who really follows that...
I a will be happy if GC and USC guys/gals dont step up and start demanding no more visas and Indians in this country...i bet some are already supporting numbersusa and such groups...i know a lot of ppl who hates seeing a fellow desi at work/park/vacation/shopping..
Bobby Jindal :D well..wat can i say...the guy changed his name and doesnt want to be identified with his ethnic background...he will be the last person fighting for our cause..
Life is hard as it is...people here are on a common cause and helping each other..some need a channel to vent their frustation, some need a suggestion, some are paranoid, some are vigilantes, some are good samaritans... give them a GC or USC and wait for a while and see if they still support the cause...
Help each other and we can all prosper...guess it may remain a dream afterall
I guess most people are not happy with what they already have...just think about the toughest days in your lives and pat on ur back how you managed to fight through it...we all have our own good and bad times...
Aspiring for better future is what drives everyone...but it should not be at the expense of taking a look at what we all have now..and appreciate it...
We can race ahead..GC..USC..car..better car...house..second house...$$$...list never ends..i hope all of us can put their hand on heart admit that we were much happy and peaceful even when we did not have any of the above...
This post is not a rant or pointing fingers...just a retrospection
Life is beautiful...best things in life are free...
..just a post with a different point of view...best wishes to all!!!
Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.
Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.
Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?
Thanks.
Some interesting points you bring up here.
Forget those who got citizenship, even those who got GC turn a blind eye to the immigration issues and people still in line.
I can bet most of the GC and USC guys/gals would want us to just leave and stay away from USA :D
Tough luck pal..this is a dog eat dog world..and especially so with our guys/gals who are brought up in the rat race culture right from childhood...
"Live and let live" - yet to meet someone who really follows that...
I a will be happy if GC and USC guys/gals dont step up and start demanding no more visas and Indians in this country...i bet some are already supporting numbersusa and such groups...i know a lot of ppl who hates seeing a fellow desi at work/park/vacation/shopping..
Bobby Jindal :D well..wat can i say...the guy changed his name and doesnt want to be identified with his ethnic background...he will be the last person fighting for our cause..
Life is hard as it is...people here are on a common cause and helping each other..some need a channel to vent their frustation, some need a suggestion, some are paranoid, some are vigilantes, some are good samaritans... give them a GC or USC and wait for a while and see if they still support the cause...
Help each other and we can all prosper...guess it may remain a dream afterall
I guess most people are not happy with what they already have...just think about the toughest days in your lives and pat on ur back how you managed to fight through it...we all have our own good and bad times...
Aspiring for better future is what drives everyone...but it should not be at the expense of taking a look at what we all have now..and appreciate it...
We can race ahead..GC..USC..car..better car...house..second house...$$$...list never ends..i hope all of us can put their hand on heart admit that we were much happy and peaceful even when we did not have any of the above...
This post is not a rant or pointing fingers...just a retrospection
Life is beautiful...best things in life are free...
..just a post with a different point of view...best wishes to all!!!
more...
Dyana
02-14 05:33 PM
Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.
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RNGC
02-15 02:11 PM
A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
more...
thomachan72
01-13 02:59 PM
One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?
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anujcb
05-09 08:05 PM
Do I have to go to a local police station and ask for FBI finger print card?
can someone in detail tell me how this finger print/background check should be done in the US?
can someone in detail tell me how this finger print/background check should be done in the US?
more...
franklin
02-13 10:46 AM
This is great!!!
All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.
Ha! Maybe this will be the penny that drops to make people realize that this isn't "just an Indian or Chinese thing"
All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.
Ha! Maybe this will be the penny that drops to make people realize that this isn't "just an Indian or Chinese thing"
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smuggymba
08-02 03:46 PM
How does one check the comments left along with red and green dots?
I guess PM, correct me guys if I'm wrong
I guess PM, correct me guys if I'm wrong
more...
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venky321
01-14 07:08 AM
Page 5 says that if the petitioner is a software developmentt company; where the beneficiary is placed at a client on a long term basis, but using the designs or developing an application of the petitioning company; and the beneficiary reports weekly to a manager of the software development company.
This might work for large IT companies who develop entire software solutions and who might staff an entire project for a client on a own. But others who are only staffing companies; even if they are large may not be able to show the required control.
This might work for large IT companies who develop entire software solutions and who might staff an entire project for a client on a own. But others who are only staffing companies; even if they are large may not be able to show the required control.
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ravise
09-15 10:51 AM
month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
more...
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old_hat
05-01 07:27 PM
I agree with you. It really amazes me that India is not even saying "something" being a so-called "super-power" in south Asia. Until the last generation of politicians are out of the indian political system, nothing is going to change when it comes to the image or pride of India. At least we should exert out strength and take a leadership role in South Asia and show our power.
India has a history in Sri Lanka. It started long ago with IPKF. A lot of Indian lives were lost because IPKF had to fight the war with their hands tied. IPKF could have captured Pirbhakaran but they did not because Rajeev thought Tamils will not get their rights if they did so. Then Rajeev Gandhi got assassinated. A few years back LTTE had the upper hand and Sri Lankan govt wanted India to step in and help them. India did not sent the troops. now the battle has swung the other way. It is fairly complicated.
India has a history in Sri Lanka. It started long ago with IPKF. A lot of Indian lives were lost because IPKF had to fight the war with their hands tied. IPKF could have captured Pirbhakaran but they did not because Rajeev thought Tamils will not get their rights if they did so. Then Rajeev Gandhi got assassinated. A few years back LTTE had the upper hand and Sri Lankan govt wanted India to step in and help them. India did not sent the troops. now the battle has swung the other way. It is fairly complicated.
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conchshell
07-29 02:50 PM
Well, I think the scenario is different. It is somewhere inbetween those two thought processes:
1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.
2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.
If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.
I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).
For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.
I think that its a reasonable analysis.
1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.
2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.
If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.
I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).
For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.
I think that its a reasonable analysis.
more...
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gauravster
06-04 03:01 PM
As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.
To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.
The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.
To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.
The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.
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m306m
02-14 01:48 PM
lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.
I am willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it. I have voted NO on the poll, I would prefer we take a more conciliatory approach to USCIS. As the saying goes "You catch more flies with honey than with vinegar." Having said that, if IV were to go ahead with the lawsuit, I could be counted on to contribute financially.
I appreciate IV for its efforts. Happy V'Day.
I am willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it. I have voted NO on the poll, I would prefer we take a more conciliatory approach to USCIS. As the saying goes "You catch more flies with honey than with vinegar." Having said that, if IV were to go ahead with the lawsuit, I could be counted on to contribute financially.
I appreciate IV for its efforts. Happy V'Day.
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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.
franklin
02-14 04:44 PM
Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.
My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.
I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.
My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.
I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.
BharatPremi
09-25 07:46 PM
Well, somebody is saying that "preadjudication" may have a diiferent meaning too. See the following link.
Statistics of USCIS Preadjudication of EB-485 Applications and Prospects (http://pathrika.net/myknowledgebase/index.php?option=com_content&view=article&id=168:statistics-of-uscis-preadjudication-of-eb-485-applications-and-prospects&catid=44:immigration-law-news&Itemid=56)
Statistics of USCIS Preadjudication of EB-485 Applications and Prospects (http://pathrika.net/myknowledgebase/index.php?option=com_content&view=article&id=168:statistics-of-uscis-preadjudication-of-eb-485-applications-and-prospects&catid=44:immigration-law-news&Itemid=56)
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