unseenguy
04-01 02:28 AM
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
I agree and how can we forget the reservation for OBC by congress. Persecution of sikhs after the murder of Indira Gandhi. That time congress was doing right thing it seems and they were not merchants of death of the time. Is it?
That is not communalism but if someone says injustice is being done to Hindus or brahmins, that is communalism.
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
I agree and how can we forget the reservation for OBC by congress. Persecution of sikhs after the murder of Indira Gandhi. That time congress was doing right thing it seems and they were not merchants of death of the time. Is it?
That is not communalism but if someone says injustice is being done to Hindus or brahmins, that is communalism.
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bondgoli007
09-23 11:07 AM
I Support this idea!!
For the the ones who are skeptical, there are two simple things to consider.
1. Other than 5882 (which is the most preferred) is there anything else out there to help improve the Green card process? ANYTHING? we all would love to hear it.
2. Even if this idea will not work for you (already bought a house/can't buy one right now), if this does go through and reduces the backlog, is it not what you want ultimately?
As usual you are welcome to your opinion but considering the two points above please refrain from negative opinions because that usually dissuades some IV members to come out and support action items.
For the the ones who are skeptical, there are two simple things to consider.
1. Other than 5882 (which is the most preferred) is there anything else out there to help improve the Green card process? ANYTHING? we all would love to hear it.
2. Even if this idea will not work for you (already bought a house/can't buy one right now), if this does go through and reduces the backlog, is it not what you want ultimately?
As usual you are welcome to your opinion but considering the two points above please refrain from negative opinions because that usually dissuades some IV members to come out and support action items.
SSSarkar
06-27 03:18 PM
Well said...
EVERYONE ON THIS FORUM :
PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !
IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !
JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
PEACE.:mad:
EVERYONE ON THIS FORUM :
PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !
IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !
JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
PEACE.:mad:
2011 Justin Bieber Spotted
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...
Beemar
03-28 01:38 AM
Yeh shadi nahin ho sakti!!!
widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.
widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.
Kodi
05-12 12:38 PM
Do i support removing LTTE, Yes with full heart.
Do i support the way SL is conducting this war, NO.
It is also not good for SL's Democracy because a dictator is in making for SL. Let me tell you this,after this war on terror is over, SL is going to be ruled by a dictator for a long time. wait and see. Again this is my humble opinion. If it is not going to happen i will be the happiest person.
This gov as well as previous govs tried solving this issue for many years without going into a full pledge war. It was the LTTE that refused. Many attempts at peace talks ended without results because there's only one thing they need and that's a seperate land as Tamil Nadu. Now finally this president is doing something to end things and unite the country as one nation.
Do i support the way SL is conducting this war, NO.
It is also not good for SL's Democracy because a dictator is in making for SL. Let me tell you this,after this war on terror is over, SL is going to be ruled by a dictator for a long time. wait and see. Again this is my humble opinion. If it is not going to happen i will be the happiest person.
This gov as well as previous govs tried solving this issue for many years without going into a full pledge war. It was the LTTE that refused. Many attempts at peace talks ended without results because there's only one thing they need and that's a seperate land as Tamil Nadu. Now finally this president is doing something to end things and unite the country as one nation.
more...
sangmami
06-28 06:22 PM
Hi,
I just talked to my lawyer and he said that anything is possible(midmonth/early week retrogression)..Lets hope for the best and prepare fr the worst.If u can ,just target to file ur application asap.Ifwe are in the state of denial and try to console ourselves saying that nothing will happen and if something happens who is at loss.So be happy that u have some clue and file as early as possible.For things that u have cntrol on try to speed up.GOD bless us all.
thanks
I just talked to my lawyer and he said that anything is possible(midmonth/early week retrogression)..Lets hope for the best and prepare fr the worst.If u can ,just target to file ur application asap.Ifwe are in the state of denial and try to console ourselves saying that nothing will happen and if something happens who is at loss.So be happy that u have some clue and file as early as possible.For things that u have cntrol on try to speed up.GOD bless us all.
thanks
2010 Justin Bieber and Selena Gomez
vbkris77
05-29 11:14 AM
So when there is less demand, they screwed us by not processing on-time and when there is more demand, they are processing ROW fast to give them more visas, so there won't be any spill-over. What a convenient system????
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
more...
sanjay
03-31 02:43 PM
Here are the comments I got from people when I asked Marphad to add Modi name to the list.
* you racist hindu bastard...
* take this nonsense elsewhere
* xxxxxxx
* xxxx xxx.
* You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.
* ??
HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.
* you racist hindu bastard...
* take this nonsense elsewhere
* xxxxxxx
* xxxx xxx.
* You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.
* ??
HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.
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nonimmi
06-28 12:43 PM
This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.
Want to join me ;)
Go to NYC Apple store tonight, camp there and get iPhone tomorrow evening. You can spend your time in Nebraska more happliy!! :D
Want to join me ;)
Go to NYC Apple store tonight, camp there and get iPhone tomorrow evening. You can spend your time in Nebraska more happliy!! :D
more...
amsgc
07-04 12:43 PM
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.
I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.
My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.
I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.
My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.
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vamsi_poondla
02-14 12:06 PM
I do not support law suit for two reasons,
1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy
I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.
You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.
I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.
Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.
I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.
Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.
1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy
I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.
You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.
I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.
Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.
I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.
Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.
more...
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TeddyKoochu
09-15 06:26 PM
Friends what are the predictions for the coming bulletins (Maybe it�s too early). My 2 cents, Iam assuming quarterly spillover to happen in December, believe that all residual 2003 / 2004 folks will get approval in the next 2 months (I hope Iam not being too optimistic).
Nov VB - 01-MAR-2005
Dec VB - 01-JUN-2005
If we stay on stable ground i.e. the dates don't go back (Its better they move slowly then go back, seeing the dates go back is the most painful thing) then we can visualize the spillover (this is our only lifeline) better.
Nov VB - 01-MAR-2005
Dec VB - 01-JUN-2005
If we stay on stable ground i.e. the dates don't go back (Its better they move slowly then go back, seeing the dates go back is the most painful thing) then we can visualize the spillover (this is our only lifeline) better.
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hiralal
06-02 10:16 PM
DO i = 1 to Infinity:
discuss /* lawsuits, letter campaign etc etc */.
discuss some more.
pessimists dismiss everything. /* start again */
End.
That's all that we do ...the same points again and again ...members get bored and they leave ..if only we were to start having numerous small campaigns !!! at the very least there would be some enthusiasm ..well maybe one day wishes will come true :rolleyes:
for every good point there are 100 naysayers, cynics and pessimists !!
discuss /* lawsuits, letter campaign etc etc */.
discuss some more.
pessimists dismiss everything. /* start again */
End.
That's all that we do ...the same points again and again ...members get bored and they leave ..if only we were to start having numerous small campaigns !!! at the very least there would be some enthusiasm ..well maybe one day wishes will come true :rolleyes:
for every good point there are 100 naysayers, cynics and pessimists !!
more...
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tinku01
02-13 11:53 AM
I am also with you guys.
Tinku:rolleyes:
Tinku:rolleyes:
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gapala
08-18 09:41 PM
I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.
First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?
Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.
And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.
Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.
Don't ever be that Indian guy in the office. Be a smart global citizen.
Oh... finally!
Welcome to IV
There is nothing special that you have written up there in your post. This is just normal stuff that most EB folks on this forum does. Why do you have to write such obvious things? You may agree or disagree with member's opinion but its sounds very naive to preach to this community about normal life.
Its apparent from post that you think the members other than yourself live a lower than average life? :D I guess you are mistaken.. Keep reading posts and you will eventually get to know better..
First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?
Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.
And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.
Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.
Don't ever be that Indian guy in the office. Be a smart global citizen.
Oh... finally!
Welcome to IV
There is nothing special that you have written up there in your post. This is just normal stuff that most EB folks on this forum does. Why do you have to write such obvious things? You may agree or disagree with member's opinion but its sounds very naive to preach to this community about normal life.
Its apparent from post that you think the members other than yourself live a lower than average life? :D I guess you are mistaken.. Keep reading posts and you will eventually get to know better..
more...
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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.
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roseball
06-28 08:27 PM
June 28, 2007
USCIS: RUMORS OF EARLY VISA RETROGRESSION
Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.
Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.
If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.
We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.
The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available
USCIS: RUMORS OF EARLY VISA RETROGRESSION
Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.
Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.
If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.
We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.
The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available
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srinivasj
07-21 07:23 PM
my wife makes always makes fun of me everytime a quickstar guy catches me at a mall..
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
nixstor
09-03 08:15 PM
You need DOB certificate at I 485. I am not sure whether Police Certificate is needed at 485 stage or not. What I am curious is will the USCIS accept DOB certificate from the Indian Embassy or would require it back from the applicants place of birth. A person whom I know has recently requested for DOB certificate and it took almost 45 days in his native place in India.
snathan
03-30 02:08 PM
May I know who is that redard gave me red...?
