eb3India
08-03 06:03 PM
labor subst is good for those who can use it and of course it'z not fair for others,
Is Immigration process is a right place to talk about fairness,
my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line
IV needs to focus itz energy on much broader issues
Is Immigration process is a right place to talk about fairness,
my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line
IV needs to focus itz energy on much broader issues
wallpaper Please help me with ideas for my front garden.
pathmaker
02-12 12:05 PM
correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
are you dreaming ... India EB3 is 01AUG01
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
are you dreaming ... India EB3 is 01AUG01
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 Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007.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.
2011 The garden sits at the front
Legal
07-21 05:38 PM
vdlrao,
There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?
There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?
more...
H1B-GC
02-06 01:31 PM
I even read somewhere that once labor gets approved,Employer got to file I-140 within 60 days or so.
PlainSpeak
01-14 12:24 PM
If you don't believe what IV does, why are you wasting your time here....I see that you are totally jobless....
why are you wasting your time here....
I DO believe in what IV does. Why do you think i am here trying to change the mentality of the abusive corase minded people out here. So you see my friend time here is not wasted
I see that you are totally jobless....
Ahh my friend should not job does not concern you. Instead of worrying about my job what you should be worrying about is the dsiscussion and what are your opinions and remember i am only looking for commnets on teh issue at hand. Anything else is not worth anything but ia m sure you are going to ignore the advise. Seriously please clean up your mind
why are you wasting your time here....
I DO believe in what IV does. Why do you think i am here trying to change the mentality of the abusive corase minded people out here. So you see my friend time here is not wasted
I see that you are totally jobless....
Ahh my friend should not job does not concern you. Instead of worrying about my job what you should be worrying about is the dsiscussion and what are your opinions and remember i am only looking for commnets on teh issue at hand. Anything else is not worth anything but ia m sure you are going to ignore the advise. Seriously please clean up your mind
more...
tradahoo
10-25 02:54 PM
Hi,
I want to know if it's permissible to pursue full time education immediately after getting an employer sponsored green card. And if not, how long should I work for the sponsored employer before getting to full time study?
Thank you.
I want to know if it's permissible to pursue full time education immediately after getting an employer sponsored green card. And if not, how long should I work for the sponsored employer before getting to full time study?
Thank you.
2010 The other plants, the 3 at the front, are different kangaroo paws.
voldemar
03-27 10:06 PM
Can you please provide link for the memo.
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
more...
morchu
06-05 04:17 PM
:) I thought it was understood by now, that without changes in law, there is no "speedup" (for 485 approvals). USCIS has been super efficient recently, what is missing is the "visa number".
We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.
We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.
hair Gardening Australia on ABC1
sobyb
05-02 12:55 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
more...
logiclife
12-31 07:17 PM
US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that
http://www.flight-capital.com/
This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
This is an independent non-partisan source who can be quoted in our cause.
http://www.flight-capital.com/
This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
This is an independent non-partisan source who can be quoted in our cause.
hot house design front garden
sargon
03-28 01:45 AM
What is the relevance of such long boring rant on an immigration website? What's worse, its not even your original composition. Just some cut and paste from other websites. Cease and desist from such behavior.
http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
...
And then they say, they are the future of India.
http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
...
And then they say, they are the future of India.
more...
house If I show you the back garden
vbkris77
09-15 12:48 PM
How did you say that are Only EB2+ EB3?
Apart from EB2, EB3 what else would need a PERM?
Apart from EB2, EB3 what else would need a PERM?
tattoo Help with ideas for front garden
PlainSpeak
01-13 01:40 PM
Let me see if I understand PlainSpeak's language:
1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)
3. An exercise to gain trust by misleading!:D
I wonder why IV core did not come up with this brilliant idea ;)
Mr willigetgc to start off with here are a few facts
1. IV core needs to put a lot of resources to lobby for the DV bill
IV Core need not put a lot of resources to lobby for DV bill if they feel it is not worth the time and effort. that is for IV Core to decide and the decision is theirs to make after all they know about advocacy and lobbying
1. knowing full well that this bill will go nowhere!
That is my personal opinion and also the opinion of a whole bunch of people on this forum who do not agree with me but do agrree to teh fact that it has been 4 years since any immigration friendly bill came to be debated in congress. What wil make DV bill any different. This wil also go the same way. I would be surpirsed if it even comes up for debate
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3
My friend willigetgc what do EB3 people have besides hope. If you look at the statistics i will get GC in 19 year sand you with a priority date of May 07 (20 - 25 years). No reason not to hope for something and if IV really believes in what i suggested (I am sure it will go through all possible refinements) that would be a signal of not just hope but also action on part of IV to do something about EB Retrogressed folks. Now i am not saying it will happen and i am also not saying it will. All i am saying is here is a chnace to do something different which is also right because iot is not part of teh IV charter that IV is working to get relief for retrogressed EB
(I am EB3, and they have my trust without your logic!)
And what a great thing it is that you being an EB3 with a priority date of 2007 are working with EB2 hand in hand to get something done. It is great that you have trust with IV. Without trust nothing works. What i say is i have trust in IV i do not have trust that what they advocate is good for EB3. Semantics you may say but please read the lines carefully my friend. I hope you will understand
1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)
3. An exercise to gain trust by misleading!:D
I wonder why IV core did not come up with this brilliant idea ;)
Mr willigetgc to start off with here are a few facts
1. IV core needs to put a lot of resources to lobby for the DV bill
IV Core need not put a lot of resources to lobby for DV bill if they feel it is not worth the time and effort. that is for IV Core to decide and the decision is theirs to make after all they know about advocacy and lobbying
1. knowing full well that this bill will go nowhere!
That is my personal opinion and also the opinion of a whole bunch of people on this forum who do not agree with me but do agrree to teh fact that it has been 4 years since any immigration friendly bill came to be debated in congress. What wil make DV bill any different. This wil also go the same way. I would be surpirsed if it even comes up for debate
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3
My friend willigetgc what do EB3 people have besides hope. If you look at the statistics i will get GC in 19 year sand you with a priority date of May 07 (20 - 25 years). No reason not to hope for something and if IV really believes in what i suggested (I am sure it will go through all possible refinements) that would be a signal of not just hope but also action on part of IV to do something about EB Retrogressed folks. Now i am not saying it will happen and i am also not saying it will. All i am saying is here is a chnace to do something different which is also right because iot is not part of teh IV charter that IV is working to get relief for retrogressed EB
(I am EB3, and they have my trust without your logic!)
And what a great thing it is that you being an EB3 with a priority date of 2007 are working with EB2 hand in hand to get something done. It is great that you have trust with IV. Without trust nothing works. What i say is i have trust in IV i do not have trust that what they advocate is good for EB3. Semantics you may say but please read the lines carefully my friend. I hope you will understand
more...
pictures Help with ideas for front garden
gcnotfiledyet
06-12 03:28 PM
You mean bureaucracy from Indian administration and also from US (since they both have to work together) - forget it man - it will never happen
I am glad you were not involved in nuclear deal that just happened against all odds. Can you even imagine US giving waiver exclusively for India, while during clinton years they opposed everything about India citing NPT?
I am glad you were not involved in nuclear deal that just happened against all odds. Can you even imagine US giving waiver exclusively for India, while during clinton years they opposed everything about India citing NPT?
dresses The garden sits at the front
smuggymba
07-21 07:00 PM
A guy approached me in Walmart (he had nothing in his cart) and said - are you from india? Where do you work? Where do u live? What's you fone number.......all this happened in a matter of 2 mins. We has just moved to a new city and thought he is a nice guy and gave our phone number.............BIG MISTAKE....got a fone call 3 days later to talk about a business plan............OMG...worst hr of my life.
Then I met one couple in their 40s in IKEA and they said - I've see you before....it immediately struck to me and I said - Are you from quickstar............ROFL.
These ppl are a pain. Avoid Amway/Quixtar and any pyramid ponzi scheme.
People like these give desis a bad name. Ignore them.
Then I met one couple in their 40s in IKEA and they said - I've see you before....it immediately struck to me and I said - Are you from quickstar............ROFL.
These ppl are a pain. Avoid Amway/Quixtar and any pyramid ponzi scheme.
People like these give desis a bad name. Ignore them.
more...
makeup of his front garden in
freedom_fighter
09-03 02:10 PM
pls keep your social discussions away from this website. I think its a waste of resource to having this thread exist in the first place.
girlfriend Design Ideas-from front
franklin
02-13 01:45 AM
Do not evade the question, is it okay to limit the number of gold medals per country to 7% of all? Talk about athletics or swimming, not soccer. Do you believe there are "too many" swimmers from Australia or the USA in every Olympics? It just does not seem right... the quota system kills competitive spirit.
Ethnicity has nothing to do with skill level. Consider this also, if no other countries come close to the 7% limit, but India and China are maxed out. Guess who loses just because of an arbitrary limit? Guess where those unused greencards go?
They go to a pile of greencards, left unused and wasted. Wash, rinse, repeat the same cycle year on year. June 07 will be a looooooong way away (if you are from a severely retrogressed country), don't kid yourself.
btw... i was agreeing with abhijitp.
Ethnicity has nothing to do with skill level. Consider this also, if no other countries come close to the 7% limit, but India and China are maxed out. Guess who loses just because of an arbitrary limit? Guess where those unused greencards go?
They go to a pile of greencards, left unused and wasted. Wash, rinse, repeat the same cycle year on year. June 07 will be a looooooong way away (if you are from a severely retrogressed country), don't kid yourself.
btw... i was agreeing with abhijitp.
hairstyles My garden blog filled with
waitingnwaiting
01-14 03:39 PM
I would like to see Plainspeak's project plan on his idea. The plan should detail out timeline, budget, manpower and responsibilities. Most importantly what will Plainspeak do in this plan as a responsibility.
Let us see if you can only write junk or can even post something useful.
I did not see any plan yet. Basically he is wasting time with opinions from behind.
Let us see if you can only write junk or can even post something useful.
I did not see any plan yet. Basically he is wasting time with opinions from behind.
breddy2000
09-04 12:45 PM
so now you are a free loader and got a reason for that. Nice try. Try something else..it didnt work out. :cool:
No point in agruing with fools like you.....
No point in agruing with fools like you.....
eastindia
01-25 02:45 PM
Making Sure H-1Bs Actually Work for Their "Employers" | Center for Immigration Studies (http://www.cis.org/miano/h1bjobshops)
Making Sure H-1Bs Actually Work for Their "Employers"
By John Miano, January 21, 2010
Making Sure H-1Bs Actually Work for Their "Employers"
By John Miano, January 21, 2010
