ss_col
08-12 04:35 PM
I filed 2 140's:
1. 140 and 485 concurrently at the TSC on Aug 6th 2007 based on the EB2, India, May 06 labor . This 140 is not approved.
2. Filed second 140 based on Mar 05 labor on Dec 14th 2007 at TSC- EB2, India. Both are with the same company. This got approved on Aug 8th, 08.
How do I link the approved 140 to my 485? Do I need to fill in any form or do I need to talk to TSC or send them letter with approved 140 and 485 copy.
Would appreciate inputs.
1. 140 and 485 concurrently at the TSC on Aug 6th 2007 based on the EB2, India, May 06 labor . This 140 is not approved.
2. Filed second 140 based on Mar 05 labor on Dec 14th 2007 at TSC- EB2, India. Both are with the same company. This got approved on Aug 8th, 08.
How do I link the approved 140 to my 485? Do I need to fill in any form or do I need to talk to TSC or send them letter with approved 140 and 485 copy.
Would appreciate inputs.
wallpaper of four door R33 Skyline
snathan
03-27 12:01 PM
You really think so?? The next PMs name is not even on your poll lists!!
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
Blessing&Lifeisbeautiful
07-25 08:38 AM
OLDMONK - sam_i02 - BLIB
Here is my $.02 (or maybe 200 cents)
I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.
But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.
My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.
Sincerely - IE
You are right. A lot of us came here for a better life. And yes it is a better life. I think Canada is a good option, but it is a lot harder to uproot and move, when you are sooo settled in the US.
Thanks for sharing your story.
Here is my $.02 (or maybe 200 cents)
I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.
But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.
My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.
Sincerely - IE
You are right. A lot of us came here for a better life. And yes it is a better life. I think Canada is a good option, but it is a lot harder to uproot and move, when you are sooo settled in the US.
Thanks for sharing your story.
2011 Nissan Skyline R33 4 Door.
ganguteli
06-12 11:43 AM
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.
Who cares if dilipcr is from BITS or some Swami PavBhaji university in Arnakulam. All are same in America. For your Greencard application you just need a minimum degree that can be acceptable by USCIS. For jobs and career, your Indian degree is nothing. It only boosts your ego and you can tell your Indian friends. If you tell your American friends they will just laugh at your ignorance. If you are so attached to your BITS then how about you go and help them be #1? It is your caliber and performance that matters in jobs. IIT and IIMs can be successful in USA or misfits same as people from third rate colleges in India. I have seen people from APTech and NIIT do better than graduates of US of top Indian colleges. So stop having a false pride. This false pride is only good for getting you married via an arranged marriage to an Indian girl in India. Nothing more than that.
Who cares if dilipcr is from BITS or some Swami PavBhaji university in Arnakulam. All are same in America. For your Greencard application you just need a minimum degree that can be acceptable by USCIS. For jobs and career, your Indian degree is nothing. It only boosts your ego and you can tell your Indian friends. If you tell your American friends they will just laugh at your ignorance. If you are so attached to your BITS then how about you go and help them be #1? It is your caliber and performance that matters in jobs. IIT and IIMs can be successful in USA or misfits same as people from third rate colleges in India. I have seen people from APTech and NIIT do better than graduates of US of top Indian colleges. So stop having a false pride. This false pride is only good for getting you married via an arranged marriage to an Indian girl in India. Nothing more than that.
more...
alkg
09-24 03:29 PM
I don't think this all is going to work out in any way.
gc_chahiye
06-28 08:16 PM
As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.
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Macaca
01-17 06:32 PM
This kind of attitude will not help to acheive your goal.
Using abusive words will do more harm than any benefit.
This is open source (http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132). And this is their ghetto.
Will post more urls here if I get time.
Using abusive words will do more harm than any benefit.
This is open source (http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132). And this is their ghetto.
Will post more urls here if I get time.
2010 Nissan Skyline R33 4 Door.
vdlrao
07-22 12:01 AM
The Thing is No Matter how much we go logically, but nobodys know which direction USCIS will take.
Not that I am contradicting your logic for calculations, i completely agree with your calculations.
USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.
BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.
THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!
TIME is REACHED FOR IMMIGRATION REFORM.
Not that I am contradicting your logic for calculations, i completely agree with your calculations.
USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.
BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.
THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!
TIME is REACHED FOR IMMIGRATION REFORM.
more...
manderson
02-15 12:20 PM
Type "retrogression" in Google search bar - when the results page shows up, look at the right hand side, there under the Sponsored Links you will see IV advertisement and link.
Looks pretty cool. GO IV!
when did you check?
Looks pretty cool. GO IV!
when did you check?
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_TrueFacts
09-03 11:29 PM
I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
more...
unitednations
02-18 08:29 PM
start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:
-------------------------------
Dear xxxx
Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?
Thank you so much for helping us. I know you are very busy.
xxxx
xxxxwrote:
Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.
An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.
If you want me to do the ability to pay part then it will cost $xxxx.
I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.
xxxx
--------------------------------------------------------------------------------
From: xxx
Sent: Sunday, January 07, 2007 12:34 PM
To: xxx
Subject: RE:
Dear xxxxx
First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
Anyways please, let me know how to proceed.
Thank you very much
xxxxx
You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.
Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.
I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.
--------------------------------------------------------------------------------
From: xxxxxx
Sent: Saturday, January 06, 2007 7:26 PM
To: ny.united@gmail.com
Subject:
Hi,
I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
We are concerned about the ability to pay issue. I heard that you are the best on this.
The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.
Can you help us? Please, let me know and also how much do you charge.
Their visa expiring soon, please respond A.S.A.P
Thank very much
xxxxxxxx
-------------------------------
Dear xxxx
Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?
Thank you so much for helping us. I know you are very busy.
xxxx
xxxxwrote:
Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.
An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.
If you want me to do the ability to pay part then it will cost $xxxx.
I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.
xxxx
--------------------------------------------------------------------------------
From: xxx
Sent: Sunday, January 07, 2007 12:34 PM
To: xxx
Subject: RE:
Dear xxxxx
First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
Anyways please, let me know how to proceed.
Thank you very much
xxxxx
You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.
Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.
I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.
--------------------------------------------------------------------------------
From: xxxxxx
Sent: Saturday, January 06, 2007 7:26 PM
To: ny.united@gmail.com
Subject:
Hi,
I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
We are concerned about the ability to pay issue. I heard that you are the best on this.
The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.
Can you help us? Please, let me know and also how much do you charge.
Their visa expiring soon, please respond A.S.A.P
Thank very much
xxxxxxxx
hot Nissan Skyline R33 4 Door. the
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.
more...
house Nissan Skyline 95-98 GTS
senthil1
06-12 06:57 PM
Grassley bill will not close the door for immigrants but will decrease substanially from 200k(H1+L1) to 80k. But retrogession will go down and those 80k will have less problem in getting green card. You can chose whether to allow unlimited L1 and 125K h1b and 10 to 15 years waiting time or allow 30K L1 + 50K H1b and 3 to 5 years waiting time in green card. Which option will be better for you? If your skills are not good certainly you will not want any restrictions. If your skills are excellent you will survive whatever restrictions they put. They cannot reduce H1b below 65k as that is a part of WTO. So there is no one can block H1b program.
Dilip,
First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL
Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.
Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.
Also, did you ever floated such ideas when you were on H1 ?
Dilip,
First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL
Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.
Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.
Also, did you ever floated such ideas when you were on H1 ?
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pappu
01-28 08:28 AM
I did not understand the meaning of this add. Please explain. Thanks!
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
more...
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ita
04-03 02:28 PM
Sanjay Gandhi- Air crash ..reason cited low fuel..uninvestigated
Indira Gandhi.. we(at least some people) thought it was because of bullets and on spot.
But Madam Saino could not make up her mind whether to take her second mother(that's what she says Indira Gandhi is to her) to close by AIIMS or far away Lohia .when the team was going to AIIMS which was quite natural because of the distance Saino insisted on going to Lohia which had contingency protocol set up.After reaching Lohia suddenly she changed mind to go to AIIMS thus wasting 24 valuable min.So her second mother died of loss of blood.
One more thing ,it was also said that Indira' security arrangement was changed just 1 hour before that day's call which is unusual .
Also in the Saino's biography commissioned by the family it was written that Indira Gandhi had affair with two men.
Rajiv Gandhi- LTTE -reason they didn't like Indian forces in Srilanka.
LTTE has presence in Italy and other areas of Europe.
Priyanka/Rahul don't let anything in Rajiv's case go anywhere saying they are forgiving the culprits as though it is just family affair when actually Rajiv was country's ex-PM and it is national affair and not family affair to investigate/forgive.
Paula Maino Saino's mother meets up with Prabhakaran( a christian,nothing wrong with that) before Congress forms alliance with Karunanidhi in 2004.In 90's to pull down UnitedFront govt Sonia cited that since DMK is close to LTTE that killed Rajiv it should not be involved in UF govt.
Priyanka meets Nalini in jail which is illegal.She doesn't even sign in the register when she goes to jail for the meeting.When it got leaked brother and sister say that this lone daughter wanted to see how their father's killer looks like for years ,to come to terms with hate/anger.
When a kid asked him why India is so corrupt Rahul Gandhi says even he didn't get justice in his fathers' case even after so many years (meaning use that as example and suck the corruption?)
Again Rahul says he doesn't like LTTE but political alliance with parties supporting LTTE is OK(meaning anything OK for power?)
Efforts are on to save Prabhkaran in Srilanka by the UPA govt.
All these things put together reminds the story of the guy who had taken all kinds of precaution to avoid death once he steps out of his house but died in his backyard.
Madhav rao Scindia-Air crash-uninvestigated.
Rajesh Piolt-Accident
Jitendra Prasada- Seems natural ?
few years back there was a controversy and Priyanka's husband severed ties with his father and brother.Made a statement in paper.
His brother-suicide
His sister-media said she is friends with Priyanka-accident
Now father-suicide.
Looks like a Sanjay, a Indira, a Rajiv, a Madhav Rao, a Rajesh had to fall for a Sonia to rule.
Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.
Why every family member of whom gets married with so-called "Gandhi" daughters have to die in unnatural circumstances.
http://timesofindia.indiatimes.com/Priyankas-father-in-law-hanged-himself-Police-sources/articleshow/4356528.cms
Few to be named:
Feroze Gandhi
Mohammad Yunus
Rajendra Vadhra
Richard Vadhra
Robert's sister
Too much!
Indira Gandhi.. we(at least some people) thought it was because of bullets and on spot.
But Madam Saino could not make up her mind whether to take her second mother(that's what she says Indira Gandhi is to her) to close by AIIMS or far away Lohia .when the team was going to AIIMS which was quite natural because of the distance Saino insisted on going to Lohia which had contingency protocol set up.After reaching Lohia suddenly she changed mind to go to AIIMS thus wasting 24 valuable min.So her second mother died of loss of blood.
One more thing ,it was also said that Indira' security arrangement was changed just 1 hour before that day's call which is unusual .
Also in the Saino's biography commissioned by the family it was written that Indira Gandhi had affair with two men.
Rajiv Gandhi- LTTE -reason they didn't like Indian forces in Srilanka.
LTTE has presence in Italy and other areas of Europe.
Priyanka/Rahul don't let anything in Rajiv's case go anywhere saying they are forgiving the culprits as though it is just family affair when actually Rajiv was country's ex-PM and it is national affair and not family affair to investigate/forgive.
Paula Maino Saino's mother meets up with Prabhakaran( a christian,nothing wrong with that) before Congress forms alliance with Karunanidhi in 2004.In 90's to pull down UnitedFront govt Sonia cited that since DMK is close to LTTE that killed Rajiv it should not be involved in UF govt.
Priyanka meets Nalini in jail which is illegal.She doesn't even sign in the register when she goes to jail for the meeting.When it got leaked brother and sister say that this lone daughter wanted to see how their father's killer looks like for years ,to come to terms with hate/anger.
When a kid asked him why India is so corrupt Rahul Gandhi says even he didn't get justice in his fathers' case even after so many years (meaning use that as example and suck the corruption?)
Again Rahul says he doesn't like LTTE but political alliance with parties supporting LTTE is OK(meaning anything OK for power?)
Efforts are on to save Prabhkaran in Srilanka by the UPA govt.
All these things put together reminds the story of the guy who had taken all kinds of precaution to avoid death once he steps out of his house but died in his backyard.
Madhav rao Scindia-Air crash-uninvestigated.
Rajesh Piolt-Accident
Jitendra Prasada- Seems natural ?
few years back there was a controversy and Priyanka's husband severed ties with his father and brother.Made a statement in paper.
His brother-suicide
His sister-media said she is friends with Priyanka-accident
Now father-suicide.
Looks like a Sanjay, a Indira, a Rajiv, a Madhav Rao, a Rajesh had to fall for a Sonia to rule.
Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.
Why every family member of whom gets married with so-called "Gandhi" daughters have to die in unnatural circumstances.
http://timesofindia.indiatimes.com/Priyankas-father-in-law-hanged-himself-Police-sources/articleshow/4356528.cms
Few to be named:
Feroze Gandhi
Mohammad Yunus
Rajendra Vadhra
Richard Vadhra
Robert's sister
Too much!
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munnashi
10-28 04:19 PM
Please read this news on New media about the immigration and housing crising
here is the link
http://www.buffalonews.com/149/story/476302.html
here is the link
http://www.buffalonews.com/149/story/476302.html
more...
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unitednations
02-13 12:35 AM
Keep in mind that only unused visas in eb1 and eb2 row filter down to eb3.
Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.
AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).
In the last year I know of at least three people and I imagine there are thousands more who did this:
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.
AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).
In the last year I know of at least three people and I imagine there are thousands more who did this:
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
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Keeme
04-16 12:50 PM
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.
www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.
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kaarmaa
10-21 02:08 PM
I'd be surprised to see that much movement before the Jan bulletin. If they do a quarterly spillover, I am hoping they'll move it to March at least.
Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.
I hear ya.
IMO, the dates need not be 'current', they should be not more than 2 years back. For e.g, right now, the PD should be Oct-2007.
Oh no, I dream too much :cool:
Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.
I hear ya.
IMO, the dates need not be 'current', they should be not more than 2 years back. For e.g, right now, the PD should be Oct-2007.
Oh no, I dream too much :cool:
franklin
02-14 10:51 AM
Is there any proof that there are even are unused visas? I find this topic a rather moot point.
With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.
With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.
Am I just totally missing the point?!
With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.
With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.
Am I just totally missing the point?!
logiclife
01-23 04:51 PM
--thanks...edited my comments per your suggestion - logiclife
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