waitingmygc
01-14 12:43 AM
Working with direct vendor will work. Please read:
Page 5.
Long Term Placement at a Third-Party Work Site.
Page 5.
Long Term Placement at a Third-Party Work Site.
wallpaper Kellan Lutz, Robert Pattinson
tempgc
09-14 03:21 PM
1. I-140 premium processing will increase ROW applications
Its next to impossible to get approval of EB2 PERM and 140 in the current situation.
2. 29 months opt is causing ROW applicants to bypass
H1-B and go for GC directly
I doubt validity of this stmt
5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005
.
Its only 2655 for EB2I in 2005 PERM.
Its next to impossible to get approval of EB2 PERM and 140 in the current situation.
2. 29 months opt is causing ROW applicants to bypass
H1-B and go for GC directly
I doubt validity of this stmt
5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005
.
Its only 2655 for EB2I in 2005 PERM.
Jerrome
09-24 06:05 PM
Spillover would be by PD so China will not get same number of EB2 numbers as India. India has many more old applications then China.
I assume they move both the countries PD to the same year/month if the spill over happens. Atleast in the past, it would be interesting to see how they move now.
Even in all the scenarios it is less likely to go in to 2007, if not beyond June 2006.
I assume they move both the countries PD to the same year/month if the spill over happens. Atleast in the past, it would be interesting to see how they move now.
Even in all the scenarios it is less likely to go in to 2007, if not beyond June 2006.
2011 Take my slideshow poll and
OLDMONK
07-24 04:29 PM
Its not the question of economy alone. When deciding to go back. Its a question about convenience.
a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.
Half the country stands in line, the other half manages the line. Neither has any civic sense.
b) I don't want to bribe babus who manage above lines to get ahead in line.
d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.
e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice
f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)
g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.
h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.
I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.
Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.
I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.
Now go ahead and kill me for saying all the above.!!
a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.
Half the country stands in line, the other half manages the line. Neither has any civic sense.
b) I don't want to bribe babus who manage above lines to get ahead in line.
d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.
e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice
f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)
g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.
h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.
I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.
Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.
I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.
Now go ahead and kill me for saying all the above.!!
more...
willigetagc
07-26 08:44 AM
If USCIS follows Vertical Policy after EB-3 becomes current, all the remaining visas will go to EB-2 India/China and will be used up completely. With the volume of demand for EB-3 India, unless some legislative relief comes EB-3 India's problem will not be solved.
However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.
Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3
I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?
In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.
However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.
Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3
I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?
In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.
garybanz
12-14 02:15 PM
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
more...
neverbefore
09-23 12:02 PM
Applause!
2010 Robert Pattinson and Kristen
nomi
09-29 12:26 PM
I also have to land before 03/2007.
New 3 years extension is valid till 10/2009. Visa Expired. I am from Pakistan. Where u from?
I am also from Pakistan too.
New 3 years extension is valid till 10/2009. Visa Expired. I am from Pakistan. Where u from?
I am also from Pakistan too.
more...
legal_alien_007
07-10 02:24 PM
nicely written.. i wish u all the best
hair Rob Pattinson and Kristen
reachinus
07-28 09:56 PM
I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
more...
syendu1
01-14 02:01 PM
plainspeak,
i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.
however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).
but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.
u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)
i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants
bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.
and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.
however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).
but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.
u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)
i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants
bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.
and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
hot hair Robert Pattinson and
Legal
07-25 09:06 PM
IMO, "MASSIVE" is a relative term. Even if there are 400,000 applicants and 45% of them are India and 60% of those are E2, the total is just 108,000. Not that bad if we look at the calculations and E2 numbers India gets this year and next year. I think it is sensible to say the actual number would be lower than 108K.
Having said that, before horizontal spill over, all these numbers (spill overs) were going to E3 ROW. Why is E3 ROW still severely retrogressed? Apart from calculations, I am attempting to do all reality checks. Is the volume of E3 ROW so heavy that around 50k + additional visas are not helping to bring E3 ROW to current. Read some where about amnesty causing this back log. Any one knows this for sure?
And this exaggerated estimation of 108,000 includes those with PD between 6/2/06 and 7/31/07. Since the cut off date for EB2-I was Apr 2004 in the June 07 bulletin, most with PD must have already applied before July 1st.
Forget the speculations, it looks like there are a few facts which are out in the open. Correct me if I'm wrong:
1. Minimum of 15,000-20,000 EB visas are available.
2. They have closed EB-3 quota.
3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.
Having said that, before horizontal spill over, all these numbers (spill overs) were going to E3 ROW. Why is E3 ROW still severely retrogressed? Apart from calculations, I am attempting to do all reality checks. Is the volume of E3 ROW so heavy that around 50k + additional visas are not helping to bring E3 ROW to current. Read some where about amnesty causing this back log. Any one knows this for sure?
And this exaggerated estimation of 108,000 includes those with PD between 6/2/06 and 7/31/07. Since the cut off date for EB2-I was Apr 2004 in the June 07 bulletin, most with PD must have already applied before July 1st.
Forget the speculations, it looks like there are a few facts which are out in the open. Correct me if I'm wrong:
1. Minimum of 15,000-20,000 EB visas are available.
2. They have closed EB-3 quota.
3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.
more...
house Robert Pattinson and Kristen
vactorboy29
09-23 06:20 PM
All this data was generated for last quarter (End of June ).We may see improved numbers in comming updates due to spill over and current approvals for this quarter.
tattoo Robert Pattinson and
krishnam70
07-11 07:36 PM
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.
With TN you get stamped at the border -- and welcome back to the USA! :)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
Using NEXUS.. doing my research..
TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.
With TN you get stamped at the border -- and welcome back to the USA! :)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
Using NEXUS.. doing my research..
more...
pictures Robert Pattinson amp; Kristen
alterego
07-26 04:56 PM
Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
Yes, you bring up a valid point however consider these two points also:
1) They also bring a lot of people on L1 visas.
2) A lot of people come to the USA on a H1 with these Indian companies but then find employment with another US employer willing to sponsor their H1b visa and then move jobs, and transfer their H1b visa with them.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
Yes, you bring up a valid point however consider these two points also:
1) They also bring a lot of people on L1 visas.
2) A lot of people come to the USA on a H1 with these Indian companies but then find employment with another US employer willing to sponsor their H1b visa and then move jobs, and transfer their H1b visa with them.
dresses Pattinson-stewart-1
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...
makeup Robert Pattinson and Kristen
amsgc
07-04 12:30 PM
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
There should be no discrepancy in the application fee - I pulled out these numbers from www.uscis.gov.
EAD (I-765): $180
AP (I-131): $170
As for lawyer fees, it varies by State, Experience, Number of dependents, and Reputation. I think the $2000 is representative of lawyer fees for primary applicant plus 1 dependent. I spoke to a lawyer in California who charges around $1700 for I-485/AP/EAD, and multiply that by the number of dependents. Another one on the east coast said $2000 for primary and spouse.
If you go for I-140/I-485, then lawyer fees for 1 applicant can go up to $4000 easy.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
There should be no discrepancy in the application fee - I pulled out these numbers from www.uscis.gov.
EAD (I-765): $180
AP (I-131): $170
As for lawyer fees, it varies by State, Experience, Number of dependents, and Reputation. I think the $2000 is representative of lawyer fees for primary applicant plus 1 dependent. I spoke to a lawyer in California who charges around $1700 for I-485/AP/EAD, and multiply that by the number of dependents. Another one on the east coast said $2000 for primary and spouse.
If you go for I-140/I-485, then lawyer fees for 1 applicant can go up to $4000 easy.
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amsgc
07-04 12:30 PM
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
There should be no discrepancy in the application fee - I pulled out these numbers from www.uscis.gov.
EAD (I-765): $180
AP (I-131): $170
As for lawyer fees, it varies by State, Experience, Number of dependents, and Reputation. I think the $2000 is representative of lawyer fees for primary applicant plus 1 dependent. I spoke to a lawyer in California who charges around $1700 for I-485/AP/EAD, and multiply that by the number of dependents. Another one on the east coast said $2000 for primary and spouse.
If you go for I-140/I-485, then lawyer fees for 1 applicant can go up to $4000 easy.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
There should be no discrepancy in the application fee - I pulled out these numbers from www.uscis.gov.
EAD (I-765): $180
AP (I-131): $170
As for lawyer fees, it varies by State, Experience, Number of dependents, and Reputation. I think the $2000 is representative of lawyer fees for primary applicant plus 1 dependent. I spoke to a lawyer in California who charges around $1700 for I-485/AP/EAD, and multiply that by the number of dependents. Another one on the east coast said $2000 for primary and spouse.
If you go for I-140/I-485, then lawyer fees for 1 applicant can go up to $4000 easy.
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STAmisha
08-28 06:53 AM
I went through www.canadavisa.com . they are good
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
vinzen
08-18 09:09 PM
I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.
First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?
Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.
And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.
Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.
Don't ever be that Indian guy in the office. Be a smart global citizen.
First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?
Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.
And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.
Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.
Don't ever be that Indian guy in the office. Be a smart global citizen.
_TrueFacts
09-04 11:13 AM
Mr. CHANDV23.....You should have been aware that when you are logged in with your alias(aka _TrueFacts) it turns "Green dot" beside your ID. Your other ID "CHANDUV23" turns blue if you do not use it...
Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...
I guess this is what is called "Wolf in Sheep clothes"
breddy2000,
This is a online public forum..it does not matter if CHANDUV23 and _TrueFacts are same or not.
Do you have any point against YSR who was "corrupt, factionist gunda, land grabber who has killed numerous people” never ever seen in the history of AP.
Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...
I guess this is what is called "Wolf in Sheep clothes"
breddy2000,
This is a online public forum..it does not matter if CHANDUV23 and _TrueFacts are same or not.
Do you have any point against YSR who was "corrupt, factionist gunda, land grabber who has killed numerous people” never ever seen in the history of AP.
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