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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 Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007.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.





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  • aruny5
    05-29 12:13 PM
    Date of sign up: May 29, 2009
    Subscription Name: Donation to Support Immigration Voice (User: aruny5)
    Subscription Number: S-4EV10617TH7257927





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  • STAmisha
    10-04 04:51 PM
    thanks amisha..any idea about the identity card number is it the ssn number we have in US. i can fill in that number and make a copy and get it notarized.
    bitu72,

    Are you talking about column 19 (Identity card no.) in IMM8-Application Form ?
    I put N/A. You dont need to put SSN or anything.

    Thanks





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  • Caliber
    06-12 04:18 PM
    Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.

    has anyone else heard the same?

    I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?



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  • srkamath
    07-23 03:10 PM
    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.

    The 28.6% does not apply to spillovers - it is only for fresh allocations. Spill over goes sideways first until all in an EB category are filled, then spills over to the next EB category where again it spills sideways first.





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  • logiclife
    06-28 07:25 PM
    can you name this firm please?

    Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.

    Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

    Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.

    And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".



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  • sargon
    05-01 03:47 PM
    Please show solidarity with Pakistani Sikhs too.

    http://timesofindia.indiatimes.com/World/Pakistan/Taliban-seize-Sikh-houses-shops-in-Fata/articleshow/4469796.cms

    The least India can do is to is to offer asylum to all Pakistani Sikhs. Our govt has not shown any inclination for that so far.





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  • greenscope
    09-24 10:10 AM
    When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.



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  • ita
    04-20 10:50 PM
    Sonia has this immense lust for money and power.Though I'm least interested in her antics during Indira Gandhi regime and Rajiv Gandhi regime I'll add few lines.

    Apparently precious antiques were moved from chennai to Italy.Near Orbassano where her mother lives there are two antique shops called Ethnica in Revlota and Ganpathi.These are blue collar areas.Her birth certificate says she was born in Turin but she told parliament that she was born in Orbassano.

    Media says that she is from middle class family.But apparently there were few journalists who went to her town in Italy and apparently she comes from very poor family in Italy.

    Middle class or poor family a person working as an aupair girl went to same restaurant as to the one to which elite folks like grandson and son of a coutnry's PM would go is interesting.Kind of unimaginable even in these days of reduced economic disparities as rich folks have their own hanging out spots.
    There was something about Opus Dei,KGB thing mentioned in connection with Sonia in some articles.

    Disclaimer
    I found this on Internet but don't know what is the truth.For all I know she could be very nice person that could have happened to India in specific and earth in general.

    That said in 1984 Rajiv apparently was reluctant to get into PM post.Pranab Mukherjee who is rightly called as living encyclopedia by many was very ambitious to become PM.P V Narasimha Rao who was kind of Indira's right hand man was not expressive about his ambitions.Sonia convinced Rajiv to accept PM job and Pranab was sidelined as every one knew about his ambition which led to his leaving Congress though he rejoined later.Rajiv who was neither interested in politics nor was astute mismanaged things much to the embarrassment of this aides.In some cases his own aides let out secrets about his scams.

    In 1992 Sonia opted for PVN thinking he would take orders from her.After he got into the job he refused to take orders from 10,Janpath.That's the famous rift between Sonia and PV.

    After PV's 5 year term she had Sitram Kesari be the Congress president which didn't work out .She stepped into the party.Apparently once upon a time Congress party like BJP or any other political party had a constitution where the president and state CM were to be elected by party members.After Sonia got into party president role she had the constitution changed, so for ages to come Congress party's reins will be in the hands of Nehru-Gandhi family members.They and not party members will elect all the chief candidates of the party who will have to take orders from them.

    All the nonsense that media writes and her biography says about she going into privacy shell for eight years after 1992 is just fairytalish makeup to her story.





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  • WaitingForMyGC
    07-11 03:22 PM
    I have already booked my one way tickets back to India for this December. If my priority does'nt become current by than, I am done here.



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  • unseenguy
    06-12 11:26 AM
    Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).

    Still , he only has bachelors degree. BE degree holders are dime a dozen these days. Even I am one of them. You need MBA, MS or PhD to survive or go up in career. Tell me why some MS degree holder with 3.7+ GPA is not more qualified than BITS guys? I have met and rolled over (performed better) than many BITS guys in my career. And I know many guys from my local place did not go to other states or outside for education because their parents would not let them go away for studies. So..... you can find smarter guys in local places as well.

    This is the problem with a lot of guys. They go to some top Indian institution and they think they are all set in life, they are out of the box , extraordinary and people should come and reward them for that.

    No my friend, life is a one day match... you hit couple of sixes , you are ahead in the game, lose couple of wickets , you are fighting for survival. Also see how he is talking down on India despite getting the best opportunity in his life there.....





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  • minimalist
    05-11 10:23 PM
    As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
    However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India. But when it comes to you you want many factors considered. Why the double standard?

    Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.

    Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.

    Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.

    Flag burnig is a criminal offense in India, just FYI.

    Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.

    I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?

    Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.

    I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.

    You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.



    You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.



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  • DSLStart
    09-14 10:11 PM
    ALL perm cases
    Mar-05 1
    Apr-05 13
    May-05 72
    Jun-05 324
    Jul-05 351
    Aug-05 833
    Sep-05 1172
    Oct-05 1212
    Nov-05 1541
    Dec-05 1771


    If these numbers are to be believed, then EB2-I could advance till Dec 2005 with ease by Dec bulletin, though some stats for Feb & March 05 (regular labor) also needs to be analysed...





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  • langagadu
    09-29 10:26 PM
    $700 billion financial bailout plan was thrown out.Now can you guys think any one will buy this idea. (I am EB-3 and stuck in the queue but still think this idea will not fly).



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  • rkartik78
    07-18 05:55 PM
    Dear Attorney,
    I work in a Semiconductor company in Arizona. My company filed for my Labor and i140 (i140 approved in july 2008). Last July, I filed i485 for me and my wife. My H1B expired in May of 2008 and I am now on EAD status. I want to take up a part time job during weekends and weekdays after my Primary work hours. This new job is in no way connected to what I do in my primary job duties and is totally different from the description given in the labor cert. I want to know if it would be ok for me to take up such a part time job and make sure that no problem arises during my i-485 adjudication.

    Thanks





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  • GetGC08
    07-29 09:07 AM
    Hi GetGC08,

    Do you have details of what kind of information was requested by USCIS? I have the same notice as yours when I check my I-140 status online. It was sent on July 28th 2008

    Reply asap would be appreciated.

    Thanks.

    Hi,

    I am still waiting for the notice. Once I get it, will let you know for sure.

    By the way when did you file your I-140? What is your priority date?Which category?

    I will really appreciate your response.

    Thanks.



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  • soljabhai
    12-13 04:15 PM
    we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).

    However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
    if it is indeed found that the rule can be challenged.





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  • ps3539
    07-25 01:30 AM
    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.





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  • willIWill
    01-15 03:40 PM
    I agree Teddykoochu.

    Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.


    It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

    This only reminds me of the famous poem by Martin Niem�ller which goes like this.

    "First they came for the communists, and I did not speak out—because I was not a communist;
    Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out—because I was not a Jew;
    Then they came for me—and there was no one left to speak out."

    To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.





    gonecrazyonh4
    07-03 08:29 PM
    Done my part hoping it would help





    miguy
    03-20 08:10 AM
    Please see answers in blue below


    You are welcome.


    As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.



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