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nonimmi
04-30-2007, 01:07 PM
Just wondering if this rule will help move processing dates forward as it eliminates lots of labor approved during 2001-2002. Many H1B workers left the country that time due to poor job market or switched to another company and filed new labor.

softwareguy
04-30-2007, 01:11 PM
I believe a TON of Labors will become InValid. As like my previous bodyshopper... They all have each of ours labor approved and hogging onto a priority date...

Only question is will those priority dates be recaptured..

voldemar
04-30-2007, 02:18 PM
http://a257.g.akamaitech.net/7/257/2422/11dec20060800/edocket.access.gpo.gov/ua070430/pdf/ua070413.pdf

We got 45 days from LC certification to filing I-140. So basically no LC older than 45 days from the date of approval on LC will be eligible for filing I-140 effective immediatelyNot yet. There is no "Final action effective" field.

for_gc
04-30-2007, 02:45 PM
Not yet. There is no "Final action effective" field.

It will be a nightmare if it becomes effective immediately just like that.

Consider the number of applications the lawyers/companies will have to file in the next 45 days.

The 45 Day rule may come into place for just the Labours approved from now.

LC substitution elimination maybe given some grace period. I don't know.

EB3Victim
04-30-2007, 02:45 PM
Not yet. There is no "Final action effective" field.

Does it mean that still the pre approved labours can be substituted :confused:

mirage
04-30-2007, 03:06 PM
Hell with this Labor substitution. This should stop immediately.

GCAmigo
04-30-2007, 03:28 PM
Hell with this Labor substitution. This should stop immediately.
Basically everything here is a substitution.. like the immigrant labor substitutes for the (unavailable) native labor..

mirage
04-30-2007, 03:56 PM
If they had put this law first and then opened the backlog centers, they would have to dealt with hardly 30% of the applications. This is a crazy concept.

yabadaba
04-30-2007, 04:01 PM
good deal... i think this will spur the movement of priority dates also :D

alex99
04-30-2007, 04:15 PM
Employment and Training Administration—Final Rule Stage

1776 Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and
Opportunities for Fraud and Abuse and Enhancing Program Integrity .................................................. ..................... 1205–AB42



it seems, the rule has passed the Final Stage but not yet a law.

I guess it would become law once it is published under completed actions section

EB3Victim
04-30-2007, 04:33 PM
Employment and Training Administration—Final Rule Stage

1776 Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and
Opportunities for Fraud and Abuse and Enhancing Program Integrity .................................................. ..................... 1205–AB42



it seems, the rule has passed the Final Stage but not yet a law.

I guess it would become law once it is published under completed actions section


Any idea how long does it take to become a law :confused:

GCBy3000
04-30-2007, 04:39 PM
Will it affect the PD Portability.

I filed my labor at one location and moved to different location and started my GC process again. I intend to use my PD of previous labor. Is this considered a substitution? Man it sucks if this is true.

yabadaba
04-30-2007, 04:40 PM
this is not a "bill."

it is a "rule." all that is left to be done is to published in the federal register...it can happen tomorrow or day after tomorrow.

zCool
04-30-2007, 05:59 PM
I see this is in federal registrar, Now what else needs to happen?
I saw someone said there is no final action date before.. but I see final Action as 04/00/07 so what does that mean?

http://edocket.access.gpo.gov/ua070430/pdf/ua070413.pdf

willgetgc2005
05-01-2007, 03:50 AM
IS it true that once it is published in federal register, it will be 30 days before it becomes law ?



I see this is in federal registrar, Now what else needs to happen?
I saw someone said there is no final action date before.. but I see final Action as 04/00/07 so what does that mean?

http://edocket.access.gpo.gov/ua070430/pdf/ua070413.pdf

alex99
05-01-2007, 08:21 AM
http://www.murthy.com/nflash/nf_043007.html

senthil1
05-01-2007, 10:27 AM
This ban in substitution will not make sense if skil bill is passed. Most of the time PD will become current if Skil is passed.

http://www.murthy.com/nflash/nf_043007.html

alwayson
05-01-2007, 12:08 PM
The Office of Management and Budget (OMB) has concluded its review of the proposed regulation that would end labor certification substitution and other matters. More information on this proposed regulation is available in our March 9, 2007 MurthyBulletin article, LC Substitution Regulation Restricts Payment for LCs, available on MurthyDotCom. This means that the regulation could be finalized in the near future.

Now that the regulation has been reviewed by OMB, it must go back to the U.S. Department of Labor (DOL). When the DOL is ready to finalize the regulation, they will forward it for publication in the Federal Register. Regulations are sometimes effective immediately upon publication; in other instances, they are effective at some future point, usually 30 or 60 days after publication.

The final text of the regulation is being guarded closely and has not been revealed. This regulation, if finalized in a form that is close to the original proposal, will create significant change in immigration law and procedure. The regulation will not only eliminate substitution of beneficiaries in labor certifications, it will put a 45-day expiration on labor certifications, as well as require employers to pay the full costs of the labor certification process (legal and related). Again, the regulation may have changed in its final form. Until it is published, we will not know for sure! We are watching this matter closely to bring any updates to MurthyDotCom readers.

http://murthy.com/nflash/nf_043007.html

EB3Victim
05-01-2007, 12:10 PM
Below is the content from immigration-law.com

05/01/2007: No Release LC Substitution Final Rule on 05/02/2007

This final rule is not scheduled to be released tomorrow. Employers can still file today substitution I-140 petition safely inasmuch as it is delivered by overnight delivery services tomorrow.

roseball
05-01-2007, 12:45 PM
Anyone has any update regarding the 45 day validity rule of the approved labor certification as part of the LC substitution elimination rule...Meaning as per the initial LC substitution elimination rule an I-140 petition has to be filed within 45 days of LC approval or the LC will be void.....I am talking about filing I-140 for the primary LC beneficiary not substitution..Any word on this?

The reason I am asking is that one of my friends has his LC approved last September and he is yet to file his I-140 as his wife is attending dental school here and will be traveling to India this month or the next for F1 stamping before coming back to start her residency...Since F1 is a non-immigrant intent visa, he didnt want to file his I-140 until his wife gets her F1 visa stamped....Any ideas on whats the status regarding that 45 day LC validity limit and how it effects primary LC beneficiary.....If this rule is filed in the federal registry, his LC is void?

voldemar
05-01-2007, 02:15 PM
Anyone has any update regarding the 45 day validity rule of the approved labor certification as part of the LC substitution elimination rule...If this rule is filed in the federal registry, his LC is void?He will have 45 days from the date rule goes in effect to file I-140.

ramaonline
05-01-2007, 08:35 PM
I140 only affects the primary applicant - The spouse gets derivative benefits at the 485 stage. Spouse's F1 status would not impact the primary applicant's I140.

EB3Victim
05-02-2007, 12:01 PM
05/02/2007: Substitution Elimination Rule: Scheduled to be Published Tomorrow? Nope!

mirage
05-02-2007, 12:11 PM
What does that mean ? I guess he is saying it's not coming tomorrow, basically counting days ??
05/02/2007: Substitution Elimination Rule: Scheduled to be Published Tomorrow? Nope!

GCard_Dream
05-02-2007, 02:06 PM
Here is the text of the actual proposal from DOL about the labor sub. Looks like they are sticking with substitution elimination and 45 day limit on filing. If it would only get published in the federal register and become active. Look for rule 1776.

http://a257.g.akamaitech.net/7/257/2422/11dec20060800/edocket.access.gpo.gov/ua070430/pdf/ua070413.pdf

indio0617
05-02-2007, 02:35 PM
No doubt this will be welcomed by all when it finally becomes law. We will have to wait and see if it really has any / how much impact on the movement of EB3 (India) dates.

Lasantha
05-02-2007, 03:22 PM
No doubt this will be welcomed by all when it finally becomes law. We will have to wait and see if it really has any / how much impact on the movement of EB3 (India) dates.

Will it have an impact on EB3 cut off dates in general? I read somewhere that most of the LCs getting approved and Pending in BECs, the beneficiary may have already moved on due to the long delay. Such cases with no LC substitution, will not result in an I-140 or I-485 and therefore no demand on the visa numbers. Well. i sure hope so!:cool:

amslonewolf
05-03-2007, 10:48 AM
Any word on why it is taking so long to publish the LC Sub ban rule? What is ETA waiting for?

mirage
05-03-2007, 11:58 AM
They are waiting for all the labors from BECs to get sold. Last minutes deals...
Any word on why it is taking so long to publish the LC Sub ban rule? What is ETA waiting for?

hemasar
05-03-2007, 12:24 PM
From
http://www.immigration-law.com/

05/03/2007: Substitution Elimination Rule: Scheduled to be Published Tomorrow, Friday, 05/04/2007? Nope!

GCard_Dream
05-03-2007, 12:27 PM
:D

All the labor certs are 75% off. Offer is only valid until supplies last or until DOL publishes the elimination rule in the federal register. This is the final sale and no refund or exchange allowed. You can buy extended warranty from the company for 25 thousand dollars.

They are waiting for all the labors from BECs to get sold. Last minutes deals...

hemasar
05-03-2007, 12:31 PM
I hope there is no Buy one get one free deal!

ItIsNotFunny
05-03-2007, 01:47 PM
While you are all discussing labor substitution all the time, one of our own is fighting a lone battle with anti immigrants
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=60083&start=50

I joined the forum to support gentleman "h1B".

Janakp, thanks for letting me know this. They are talking unfair and idiotic.

Munna Bhai
05-03-2007, 02:09 PM
I joined the forum to support gentleman "h1B".

Janakp, thanks for letting me know this. They are talking unfair and idiotic.

Best way to handle them is to invite them to this forum...

mirage
05-03-2007, 03:24 PM
Please don't bring those guys here, these are just crappy discussions. neither we are going to change the way they think nor we are going to get anywhere from that. Both sides are gonna get high B.P. with no gain.
Best way to handle them is to invite them to this forum...

uma001
05-08-2007, 01:44 PM
Hi,

Here is my situation.
I have MS comp engineering. I have more than 10 yrs experience in IT. 3.5 yrs exp after MS.I did my MS on H1.
I am working as Full time employee at fortune 750 company. My company is going to file for green card soon.not sure whether EB3 or EB2. Mostly EB3 because in the requirements they mentioned high school graduate with several yrs of experience. They did not mention about MS degree.
My old employer (consulting company) has 3 pre approved labours with dates in April 2004, August 2004 and mid 2005.He is asking me whether im interested.
I am in dilemma what to do?
What are the priority dates for EB2 and EB3 now?
If i go for labour substitution now and after I140 approval can i apply again in EB2?
If i go for my employer sponsered green card, if they apply in EB3 is this better?
If my employer files in EB2, will green card comes soon in thsi process?
Can we process both at the same time???

I apreciate your help
Thanks

ramaonline
05-09-2007, 03:25 AM
The eb2 / eb3 priority dates for indian nationals have severely retrogressed
jan 2003 for eb2, and may 01 for eb3 with lethargic movement over the last 1 year.

none of ur pre-approved labor certs may provide any significant advantage at this time - the only advantage is that u can get an older PD compared to what u wld get if u file a new LC all over again - u wld also save time in the recruitment/filing process and can file i140 straightaway. find out if they are for eb2 or eb3. The next month's bulletin may see some movement in dates - but this is not certain - check this link next week and u shld be able to decide.

http://travel.state.gov/visa/frvi/bulletin

try filing the gc under eb1 if possible -this category is current, and requires no Labor certification


Note that for gc u must clear lc, i140 and 485 / EAD stages - the lc and I140 can usually be done in a year's timeframe. It is the 485 stage that is affected by retrogression - due to which u cannot move forward beyond i140. u cannot file ead if u can't file 485. gc is a future job offer and more than one employer can process ur gc.

GC20??
05-09-2007, 02:25 PM
I am currently working for company X. I am trying to do a labor substitution with company Y. Company Y filed my I140 and USCIS raised RFE (query). I already expected this query to happen as HR people of company Y messed up my I140 application. Company Y is saying they are confident that they can answer these queries successfully as they have done this before. I don't trust them anymore. Mean while company X for which I am currently working has got a approved labor recently and they are willing to give it to me. My question is can one more I140 be filed for me while the other one is still in process? I heard new that OMB has concluded their review on stopping labor substitution and it can become effective anytime now. I have to hurry in taking any decision. I am in a desperate need for help.

Thanks in advance.

zCool
05-09-2007, 02:31 PM
Simple answer is NO..
If you had I140 approved.. then it's no big deal.. but while you have RFE raised, chances are you might get into questions for both of them..
I was in similar situation a while back and lawyer said, it takes 2-3 weeks to answer RFE and get is approved..
If you do 2nd application as non-premium .. may be.. it will work but doing non-premium now is equally risky..

mirage
05-09-2007, 03:06 PM
Why are you saying 'No' ? I guess these 2 processes are independent of each other and one can file as many labor and I-140.
Simple answer is NO..
If you had I140 approved.. then it's no big deal.. but while you have RFE raised...

GC20??
05-09-2007, 03:28 PM
Thanks zCool for your reply. Was your 140 approved after responding to RFE? My RFE is regarding job experience in India. I have produced 1 year experience in India to meet the labor requirements. HR people of company Y totally screwed this up. They changed the dates of employment to increase the experience by 3 months. Instead of moving start date backward, they moved the end date forward. By doing so it conflicted with my first arrival date in US. I cannot be working in India while I am already in US. All this was done without my knowledge and I came to know about this from attorney only after they already applied. Also they forgot to do premium processing for my application. Fearing that my application will be denied due to the dates conflict, attorney resubmitted my part B and India experience letter with corrected dates along with premium processing upgrade. As I feared USCIS raised following RFE's:

1) You submitted two employment letters from XXXX company with different employment dates. You must submit new letter which overcomes this issue.

2) Submit additional evidence such as evidence of pay to demonstrate true dates of employment with company XXXX.

Can anybody answer how serious these RFE's are???

I don't have any hopes of getting this 140 approved now. This was the reason I was looking for other alternative. Also as answering these RFE's could take upto 2 weeks of time, there is a good chance that labor substitution might be stopped by that time. Based on this current situation I am thinking of going forward with company X labor substitution but with normal processing (no premium).

Could you guys please comment on this???

GC20??
05-09-2007, 03:36 PM
How much did you pay to get substituted labor. I saw many people selling it on 2 websites recently. It seems like a mad rush as soon as possible before labor substitution is stopped. I feel this is a risk because USCIS will know about it and issue RFEs to such companies.
I did not pay anything extra to get this labor substituted. Since they are not charging anything they are making sure that I will stay with them for atleast a year. I have signed 1 year contract which will be in effect as soon as I am on their payroll. If my 140 is denied I dont have to join them. The deal seamed reasonable for me.

amslonewolf
05-09-2007, 07:53 PM
What's going on with the Labor Sub elimination rule? It's been almost two weeks after OMB final rule. When will DOL publish the rule in the federal register?

The rule making agenda in the fed register had a action date of 4/00/2007. What the freak is that supposed to me. This is so close and yet so far out of reach. It's a mockery that Mathew Oh's website has even a counter on his front page to track this.

Any insights/comments/suggestions? How about an petition to the DOL contact instead of just sitting around and pondering about CIR?

dilbert_cal
05-10-2007, 03:09 AM
You can file two I-140s from two different companies at the same time. You will not face questions on it as they are not linked to each other.

But doing so at the 485 stage is not advisable.

Go ahead and get your paperwork sent out asap coz the day the new rule is published in federal register, your luck is up. In my opinion, you should be able to get all paperwork ready and sent by end of day tomorrow if you, your company and your lawyer works diligently.

rock
05-10-2007, 05:27 PM
Hi Guys,

Is there any way we do the preimium process for labor substitution? If so, does any one knows any official document for it from INS. My company attorney says that the premium process cannot be done for Labor Susbtituion cases. Which seems to be hard to belive him.
Any help would be highly appreciated.

Thank you very much in advance.

zombieagain
05-10-2007, 05:52 PM
rock, yes you can use premium processing for labor substitution. I did it. I applied last week and was approved today in 8 days, no RFE. Your employer needs to be in possession of the original copy of the labor certification. If this original copy is not available, then yes, your lawyer is right and you cannot do PP.

Just go in the USCIS website and read the page "How Do I Use the Premium Processing Service?". It clearly says that.

rock
05-10-2007, 06:02 PM
Thank you very much Zombaiagain for your valuable reply. I was going through the uscis.gov and could not find it. Can you please provide me the link for it? Once again thanks.

rock
05-10-2007, 06:15 PM
Thank you very much Zombaiagain. I got the link. But my attorney says they hvae filed my case under regular processing as they cannot do premium process for it. Is that advisable to refile again under premium process now? or should I leave it like that only? If I apply again in premium process then what will happen to my old filing? Please help me by answering this question.
Thanks in advance.

buehler
05-10-2007, 06:29 PM
Thank you very much Zombaiagain. I got the link. But my attorney says they hvae filed my case under regular processing as they cannot do premium process for it. Is that advisable to refile again under premium process now? or should I leave it like that only? If I apply again in premium process then what will happen to my old filing? Please help me by answering this question.
Thanks in advance.

You don't have to refile. You can convert the existing application into premium by paying the extra money.

rock
05-10-2007, 06:48 PM
Thank you very much Buehler. Is there any official document which says like this. Why I am asking because every time my employer asks me to prove the things. If I get some thing like this then I can prove him easily.
Thanks

zombieagain
05-10-2007, 06:53 PM
You can upgrade, as far as I know you can do it online with the help of your HR. The thing is, you need to have a receipt number, so if they already filed as regular, you need to wait 1-2 weeks to have the receipt notice from uscis with your receipt number. But the important question is, are you gonna pay the extra 1000$ or your company will?

ramaonline
05-10-2007, 06:54 PM
there is no such thing as premium processing for labor substitution - If you are talking abt premium i140 with substitute labor - Then that too is not possible. I140 under premium processing is only available in cases where substitute labor is not involved.

The USCIS provided further clarification and instructions on I-140 premium processing following the initial announcement. They listed three types of cases that are not eligible for premium processing, even if they are within the EB3 preference category. These are:

a second I-140 filing, if an initial I-140 remains pending

a labor certification substitution request

a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)
This is clearly documented on the uscis site - check under press releases

zombieagain
05-10-2007, 07:01 PM
from the USCIS website:

Are there any additional conditions of availability being placed on the Premium Processing Service at this time?

Yes. This will accord USCIS the flexibility to adapt to contingencies affecting its ability to provide Premium Processing Service. Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve:

1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;

2. Labor Certification substitution requests, unless the original labor certification is submitted with the Form I-140 requesting the substitution; and

3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).



And then, again, I did it, it worked nicely, so it's true (EB2 category rest of the world, to be clear).

rock
05-10-2007, 07:08 PM
Zombieagain and ramaonline,
but if we look at the first point out of three, which says
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
Does it mean that if I want to request for premium process now but my case is already filed under regular one. will it fall under the first point?
My employer will pay extra 1000$.
Thanks

zombieagain
05-10-2007, 07:31 PM
no, that would be an upgrade, not a second filing, but I'm not 100% sure. Anyway if you look at the I-907 form instruction (request for premium processing), it explicitly contemplate the case of upgrading an I-140 previously filed as regular.

rock
05-10-2007, 07:43 PM
no, that would be an upgrade, not a second filing, but I'm not 100% sure. Anyway if you look at the I-907 form instruction (request for premium processing), it explicitly contemplate the case of upgrading an I-140 previously filed as regular.
Thanks zombieagain. I will speak to my employer and lets see what he will say. Thank you very much for this information.

harish
05-10-2007, 07:48 PM
rock, yes you can use premium processing for labor substitution. I did it. I applied last week and was approved today in 8 days, no RFE. Your employer needs to be in possession of the original copy of the labor certification. If this original copy is not available, then yes, your lawyer is right and you cannot do PP.

Just go in the USCIS website and read the page "How Do I Use the Premium Processing Service?". It clearly says that.


Can you provide some details like the PD of your LC sub, which center processed your application etc.,? I understand that all LC applications are first sent to Nebraska which may then forward to Vermont or Texas Service centers. Any info is greatly appreciated.

zombieagain
05-10-2007, 07:55 PM
Not many infos, the details of the LC sub were not disclosed to me, I just made sure I met qualifications. PD was not an issue because I'm from "rest of the world". It was a "by the book" LC sub, I was going to start PERM, but then an employee with same job description left the company before filing I-140.

Concurrent filing is always filed to Nebraska, but then they redistribute. Mine was redistributed to Texas and the receipt number start with SRC that is Texas service center code. This means that it was sent to Texas immediately without even assigning a receipt number, in my understanding.

harish
05-10-2007, 08:37 PM
Thanks zombieagain! How did you find out that your case was approved if you didn't have the receipt number? Did your approval come before you got your receipt number? Mine was filed yesterday and my lawyer mentioned that the approval will come even before we get the receipt notice in mail. Just anxious with the wait! Thanks.

Not many infos, the details of the LC sub were not disclosed to me, I just made sure I met qualifications. PD was not an issue because I'm from "rest of the world". It was a "by the book" LC sub, I was going to start PERM, but then an employee with same job description left the company before filing I-140.

Concurrent filing is always filed to Nebraska, but then they redistribute. Mine was redistributed to Texas and the receipt number start with SRC that is Texas service center code. This means that it was sent to Texas immediately without even assigning a receipt number, in my understanding.

zombieagain
05-10-2007, 09:31 PM
I actually had the receipt number, I filed on May 2nd, the lawyer received the receipt number on May 7th and I signed up on the USCIS website. This morning at 6:00am I received the e-mail with approval notice saying that the case was approved on May 9.

Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Approval notice sent.

On May 9, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

harish
05-10-2007, 09:33 PM
Thanks.

I will contact my lawyer in about 5 days to check if they have received the receipt number.

I actually had the receipt number, I filed on May 2nd, the lawyer received the receipt number on May 7th and I signed up on the USCIS website. This morning at 6:00am I received the e-mail with approval notice saying that the case was approved on May 9.

Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Approval notice sent.

On May 9, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

mirage
05-14-2007, 10:55 PM
Guys does anybody know can a labor on which I-140 has been cleared be subsituted ?

rock
05-14-2007, 10:59 PM
Hi Guys,
Is there any way we can find out the status online for I-140 application?
Thanks in advance.

rock
05-14-2007, 11:00 PM
Guys does anybody know can a labor on which I-140 has been cleared be subsituted ?
I believe you can do it. But before that the approved I-140 needs to be revoked. That is my assumption.

zCool
05-14-2007, 11:03 PM
NO..
Don't get INTO IT!

lost_in_migration
05-14-2007, 11:03 PM
You will need you EAC number

https://egov.immigration.gov/cris/caseStatusSearchDisplay.do

Hi Guys,
Is there any way we can find out the status online for I-140 application?
Thanks in advance.

mirage
05-14-2007, 11:13 PM
Please clearify to whom you are saying no ?
NO..
Don't get INTO IT!

rock
05-14-2007, 11:24 PM
You will need you EAC number

https://egov.immigration.gov/cris/caseStatusSearchDisplay.do
Thanks fo the reply. I dont have the receipt no. Is there any way we can find out by Social Security no, first name, last name etc?
Thanks

lost_in_migration
05-14-2007, 11:31 PM
I don't think so. I think you can get your EAC # from your lawyer

Thanks fo the reply. I dont have the receipt no. Is there any way we can find out by Social Security no, first name, last name etc?
Thanks

rock
05-14-2007, 11:41 PM
I don't think so. I think you can get your EAC # from your lawyer
Thanks for the reply. Actually last week on 7th May, my application for labor substitution reached in USCIS under regular processing. I want to convert from regular to premium process. So wanted to know the receipt no.
Thanks

bijualex29
05-15-2007, 11:08 AM
It is purely a common sense prediction; however sometime especially in USCIS common sense does not apply.

July, Aug, Sep is the end of the Fiscal year that is last quarter of the year , where they allot all the unused visa, irrespective of country, unused visa from EB-1 will spill over to EB-2 and unused EB-2 is spilled over to EB-3. Even unused family visa number will be spilled over to Employment based visa ( this I am not sure, but I need to conform it).

Also visa bulletin predicted that there will be a movement in the EB for next few months.


I see that, EB-3 will move at least 1 year ahead some where in June, 2004 and EB-2 will move somewhere in Jun, 2005 ( for India) . ROW may be current for sometime.

During this 3 months ( July, Aug, Sep) USCIS will collect as much application as possible. When New Fiscal year starts, the visa number will go back.

In one site , they indicated that they already processed all the application in there custody, however they cannot issue due to numerical limit. This will give them a chance to issue the green card and take fresh application.

for_gc
05-15-2007, 11:12 AM
It is purely a common sense prediction; however sometime especially in USCIS common sense does not apply.

July, Aug, Sep is the end of the Fiscal year that is last quarter of the year , where they allot all the unused visa, irrespective of country, unused visa from EB-1 will spill over to EB-2 and unused EB-2 is spilled over to EB-3. Even unused family visa number will be spilled over to Employment based visa ( this I am not sure, but I need to conform it).

Also visa bulletin predicted that there will be a movement in the EB for next few months.


I see that, EB-3 will move at least 1 year ahead some where in June, 2004 and EB-2 will move somewhere in Jun, 2005 ( for India) . ROW may be current for sometime.

During this 3 months ( July, Aug, Sep) USCIS will collect as much application as possible. When New Fiscal year starts, the visa number will go back.

In one site , they indicated that they already processed all the application in there custody, however they cannot issue due to numerical limit. This will give them a chance to issue the green card and take fresh application.

Tere munh main ghee shakkar (lots of sweets and butter in your mouth).

My PD is Oct 2003 EB3 and I hope it crosses that date in the next couple of months.

roseball
05-15-2007, 11:14 AM
I hope so too. My PD is Nov 2003, EB-3 India.

glus
05-15-2007, 11:17 AM
Your reasoning makes a lot of sense. I think many of our members realize that this jump is a temp situation that will vanish in the coming months. It appears like the state dept realized they had a lot of visas to be used in this fiscal year. To exhoust them, they moved the dates so more people could apply. Since people will be able to start filing I485 on Jun 1st, and a next visa bulletin will be released on or around Jun 12-15, I suspect the dates will move a lot for July. This is because, the state dept will not be able to receive very many applications within first 2 weeks of Jun....at least they will not be able to figure it out how many have come during that short period of time. So I guess, EB3 will move a lot in July and possibly August...and then retro will hit again....

Good luck to all who are eligible to file I485 now!!

G

sands_14
05-15-2007, 11:18 AM
I have seen so many of my friends saying that just because this has happened,they dont care about CIR anymore.
I think this is totally wrong.IV has been fighting hard for CIR and everyone should keep supporting the cause.
I have a lot of friends who have applied this year and I want them to get GCs as well.So lets try hard for CIR.
Jeff Sessions is trying to delay the debate on bill and perhaps want to kill it again :)
Lets see that anti-immigrant groups dont win again!!!!

AirWaterandGC
05-15-2007, 12:14 PM
We all have to realize that goals of IV are much bigger than just a single person's GC. This is a community effort for the benefit of everyone and to bring justice to not only all of us but folks who would come in coming years and decades. We should ensure that along with resolving our problems we be instrumental in creating a better world for legal law adiding highly skilled immigrants who come in the years to come. They should not be subjected to the injustice/exploitation that we have undergone.

Hence the visa date jump is sure a reason to celebrate ..... however in Rabindranath Tagore's words ....

"Miles to go before we sleep and miles to go before we sleep"

Go IV !!

I have seen so many of my friends saying that just because this has happened,they dont care about CIR anymore.
I think this is totally wrong.IV has been fighting hard for CIR and everyone should keep supporting the cause.
I have a lot of friends who have applied this year and I want them to get GCs as well.So lets try hard for CIR.
Jeff Sessions is trying to delay the debate on bill and perhaps want to kill it again :)
Lets see that anti-immigrant groups dont win again!!!!

Lasantha
05-15-2007, 12:48 PM
I know nobody can predict this But what is a reasonable expectation for EB3 ROW for july. Is June 06 a good guess?

Lasantha

GCAmigo
05-15-2007, 12:58 PM
A good guess is only as good as it can get.. what is good for me may not be good for you.. like dec'03?

Lasantha
05-15-2007, 01:03 PM
A good guess is only as good as it can get.. what is good for me may not be good for you.. like dec'03?
When I said "Good" I implied "accuracy" not "preference". Then again I know that you can't really predict these things. But what do you think?

lost_in_migration
05-15-2007, 01:28 PM
June 06 will be wildest dream come true :)

I know nobody can predict this But what is a reasonable expectation for EB3 ROW for july. Is June 06 a good guess?

Lasantha

Lasantha
05-15-2007, 01:38 PM
June 06 will be wildest dream come true :)
You can say that again! :cool:

Ramba
05-15-2007, 01:50 PM
It is purely a common sense prediction; however sometime especially in USCIS common sense does not apply.

July, Aug, Sep is the end of the Fiscal year that is last quarter of the year , where they allot all the unused visa, irrespective of country, unused visa from EB-1 will spill over to EB-2 and unused EB-2 is spilled over to EB-3. Even unused family visa number will be spilled over to Employment based visa ( this I am not sure, but I need to conform it).

Also visa bulletin predicted that there will be a movement in the EB for next few months.


I see that, EB-3 will move at least 1 year ahead some where in June, 2004 and EB-2 will move somewhere in Jun, 2005 ( for India) . ROW may be current for sometime.

During this 3 months ( July, Aug, Sep) USCIS will collect as much application as possible. When New Fiscal year starts, the visa number will go back.

In one site , they indicated that they already processed all the application in there custody, however they cannot issue due to numerical limit. This will give them a chance to issue the green card and take fresh application.

I hope what ever you said may happen. It all depends on how much 485s is going to get approved or get collected in next 45 days. If they move dates for India in July or Aug by 2 months, I will be the happiest person. I hope for the best. I just missed 40 days in this bulliton. If they approve tons of 485 in next 45 days that exceed the supply, then there is a chance that they may roll back the dates in Aug or Sep itself, like in 2004. I do not get surprised if all EB3 visas become "unavailable" in Aug or Sep.

sotaz
05-15-2007, 02:22 PM
Hence the visa date jump is sure a reason to celebrate ..... however in Rabindranath Tagore's words ....

"Miles to go before we sleep and miles to go before we sleep"

Go IV !![/QUOTE]

That's Robert Frost - I think, not Tagore. Stopping by the woods on a snowy evening.

sats123
05-15-2007, 02:25 PM
Here is the mail I received from a desi company, they want to suck more by selling these pre approved labors. This is a day after the PDs are moved and they have lot of openings. I feel like sc**** these bl** su*** animals.

PS : Please do not PM me about the company name.

************************************************** *****

This email is intended for H1b consultants; if this is not for you please ignore.

“Candidates looking for Pre Approved labor / Labor substitution”

****** is considering candidature of the qualified candidates please forward resume and contact details for evaluation.

Dear Consultant,

***** *** Inc is hiring qualified consultants. ******* is an ISO 9001: 2000 certified, a full service IT (Staffing & Projects) solution provider serving over ** years. We specialize in: ****, ****, *****

We are seeking qualified employees. Consultants looking for long-term, dependable win-win relationship.

********** Advantages/Benefits:
§ In-house Legal dept / Faster H-1B / GC
§ Nationwide clients / Dynamic marketing
§ Offers higher bill rates / salary
§ Career transformation/cross -training

fromnaija
05-15-2007, 02:27 PM
I got the same email couple of weeks back.


Here is the mail I received from a desi company, they want to suck more by selling these pre approved labors. This is a day after the PDs are moved and they have lot of openings. I feel like sc**** these bl** su*** animals.

PS : Please do not PM me about the company name.

************************************************** *****

This email is intended for H1b consultants; if this is not for you please ignore.

“Candidates looking for Pre Approved labor / Labor substitution”

****** is considering candidature of the qualified candidates please forward resume and contact details for evaluation.

Dear Consultant,

***** *** Inc is hiring qualified consultants. ******* is an ISO 9001: 2000 certified, a full service IT (Staffing & Projects) solution provider serving over ** years. We specialize in: ****, ****, *****

We are seeking qualified employees. Consultants looking for long-term, dependable win-win relationship.

********** Advantages/Benefits:
§ In-house Legal dept / Faster H-1B / GC
§ Nationwide clients / Dynamic marketing
§ Offers higher bill rates / salary
§ Career transformation/cross -training

h1techSlave
05-15-2007, 02:31 PM
I have a feeling that the USCIS has moved the date forward this much due to the CIR debate in the Senate. The pro-high skill Senators have nothing to say during CIR debates after the current forward movement in PD.

The wait for the highly skilled EB people are just 4 years (3 for EB2).

As far as prediction goes, I think the dates would remain the same for the next three months and would probably go back. I wish I am wrong, though.

Cheers,
h1techSlave
PD: Dec 2003 (25 down 6 to go)

amitjoey
05-15-2007, 02:41 PM
I have a feeling that the USCIS has moved the date forward this much due to the CIR debate in the Senate. The pro-high skill Senators have nothing to say during CIR debates after the current forward movement in PD.

The wait for the highly skilled EB people are just 4 years (3 for EB2).

As far as prediction goes, I think the dates would remain the same for the next three months and would probably go back. I wish I am wrong, though.

Cheers,
h1techSlave
PD: Dec 2003 (25 down 6 to go)

Thats right, that is exactly why we need to write to them and the reporters educating them that just the movement in Visa numbers is not an indication of USCIS processing and a lot of other factors like Name-check, inefficient processing, delays and frivious RFE, RFI's can delay process at I-485 stage and it can still take 2-3 years. A lot of people have been on an H1- for 8-10 years before they can file I-485 (DATES being current) and even after that there is no guarantee that the process might be smoother and quicker. Dates can retrogress anytime and the people that are applying now can be on hold for years. Right now they are processing I-485 that they recieved in Sept 2006. What do you think?. People that apply right now, they are going to be on hold. Cos there applications (I-485) are not going to be processed in a month or two, so retrogression will affect them again, and their files will be on hold.
We need a better fix. Something that will mandate USCIS to stick to their goal of 6-month processing time frame.

GCAmigo
05-15-2007, 02:46 PM
Sotaz, you are correct 'twas Robert Frost.. just thought it doesn't make much sense to argue about that on this thread...
I remember the line in that poem starts with something like.. "But I have promises to keep..."

RandyK
05-15-2007, 03:12 PM
Should jump JUNE 06 or Current!!!!!!!!!!:D :D :D

Lasantha
05-15-2007, 03:15 PM
Should jump JUNE 06 or Current!!!!!!!!!!:D :D :D

You read my mind RandyK, you read my mind. Hope we both got it right. :cool:

deba
05-15-2007, 03:56 PM
My PD is March 25/05. EB2. Any predictions in the next three months? Thanks.
btw congrats to all those with current PDs. Good luck.

hindu_king
05-15-2007, 04:14 PM
My Prediction is EB2 India will go to Jan 1 2006 by Sept VB and then will go unavailable for the first few months of Fiscal Year 2008. Here's my reasoning:

- EB2 India was always current before retrogression affected it.
- EB2 India was always 2 years ahead of EB3 during retrogression. (currently per June VB, EB2 is only 1 year ahead of EB3)
- Unused EB1s will trickle down into EB2

vinabath
05-15-2007, 05:15 PM
Is it possible??

willgetgc2005
05-15-2007, 06:56 PM
Yes. It is very much possible.

Talk to a good Attorney

Is it possible??

CADude
05-16-2007, 12:51 AM
Regular 140 filled on April 13 2007(substitution). We didn't receive Receipt Notice so far.

My 8th year of H1B extension is also pending.

Thanks for the reply. Actually last week on 7th May, my application for labor substitution reached in USCIS under regular processing. I want to convert from regular to premium process. So wanted to know the receipt no.
Thanks

bijualex29
05-16-2007, 09:47 AM
What is the impact on Visa date, if the Labor substitution is eliminated?

I personally know, couple of my friends, who is having 3 labors at a time.

amulchandra
05-16-2007, 09:48 AM
From immigration-law website:

05/16/2007: SPECIAL ALERT! Labor Certification Substitution Elimination Final Rule Scheduled to be Published Tomorrow, 05/17/2007

andy garcia
05-16-2007, 09:48 AM
What is the impact on Visa date, if the Labor substitution is eliminated?

I personally know, couple of my friends, who is having 3 labors at a time.

All the dates will be current.

sravani
05-16-2007, 10:01 AM
What is the impact on Visa date, if the Labor substitution is eliminated?

I personally know, couple of my friends, who is having 3 labors at a time.

Personally I don't see any visa date movement in the near future due to this labor substitution elimination rule. Now people are rushing even more to utilize this labor substitution before the rule is eliminated and this is not good for visa dates moving forward in the near future. But long term yes, it definitely helps.

andy garcia
05-16-2007, 10:02 AM
From immigration-law website:

05/16/2007: SPECIAL ALERT! Labor Certification Substitution Elimination Final Rule Scheduled to be Published Tomorrow, 05/17/2007

Allelujah.

Finally the Labor sellers will have to move on.

bijualex29
05-16-2007, 10:10 AM
As long as Labor is used by someone it is fine with me. However, if they hold on to the labor for ever even with PD of 2002 or 2003. USCIS will always predict that there will be someone (rather 2.2 people) taking away visa number.

Visa number moves based on the prediction of Labor and I-140 approved based on EB-2 and EB-3 with respect to origin of country.

I personally believe that, may be some of the labor which passed 45 days of expiry or which is not used or not filed I-140 will expire. This will give us a better count to predict visa number.

rock
05-16-2007, 10:26 AM
From immigration-law website:

05/16/2007: SPECIAL ALERT! Labor Certification Substitution Elimination Final Rule Scheduled to be Published Tomorrow, 05/17/2007

Can you please proivde the exact link for it?

rock
05-16-2007, 10:27 AM
Regular 140 filled on April 13 2007(substitution). We didn't receive Receipt Notice so far.

My 8th year of H1B extension is also pending.


Did you talk to your Employer and Attorney? what did they say?

amulchandra
05-16-2007, 10:36 AM
Can you please proivde the exact link for it?


http://www.immigration-law.com

Click on the breaking news and scroll down

sledge_hammer
05-16-2007, 11:32 AM
Is this rule (elimination of labor substitution) in affect yet?

bijualex29
05-16-2007, 11:40 AM
It will be effective from 05/17/2007

raju123
05-16-2007, 11:42 AM
Yes, It is scheduled to publish on 5/17/07. I believe it is going to effect from tomorrow.

Source:
www.immigration-law.com



Is this rule (elimination of labor substitution) in affect yet?

pitha
05-16-2007, 11:54 AM
Frankly zero impact.The USCIS or which ever department responsible for removing labor substitution is prolonging it for ever. By the time the labor substitution is eliminated the backlog elimination center would clear all pending labor applications and the desi companies will sell all the labor. So the bottom line is people who are honestly waiting in line and not buying labor will have to keep looking at Visa bulletin forever hoping for a miracle. Seems like honesty never pays.

What is the impact on Visa date, if the Labor substitution is eliminated?

I personally know, couple of my friends, who is having 3 labors at a time.

little_willy
05-16-2007, 12:05 PM
Yes, It is scheduled to publish on 5/17/07. I believe it is going to effect from tomorrow.


Is there a waiting period or will it go into effect immediately?

little_willy
05-16-2007, 12:09 PM
From immigration-law website:

05/16/2007: SPECIAL ALERT! Labor Certification Substitution Elimination Final Rule Scheduled to be Published Tomorrow, 05/17/2007

Will it go into effect immediately or is there a waiting period like say 30 days?

priderock
05-16-2007, 01:16 PM
Is there a waiting period or will it go into effect immediately?

I think we got to see the text to tell that. I guess we have to wait until tomorrow when it gets published.

mirage
05-16-2007, 01:21 PM
If Visa substitution was eliminated a year ago it would have had a major impact on Visa cut off dates. But since almost 60-70% of these labors have already been used now it will have a no effect. It is a bane now then boon because now it has that 45 days laor expiry thing.

jfredr
05-16-2007, 01:21 PM
One of my friend has 4 labors in hand 2 for him and 2 for his wife

Chicago Desi
05-16-2007, 01:23 PM
What is the impact on Visa date, if the Labor substitution is eliminated?

I personally know, couple of my friends, who is having 3 labors at a time.

I wish this ruled came two years ago with the start of PERM. IMHO, it will have a little impact now b/c so many candidates either have moved on to PERM or have already filed for 485/CP. But one thing sure, body shopper will not be happy :p

jonty_11
05-16-2007, 01:33 PM
Gurus please answer this question:

Labors that have been approved say in 2005 and have not had a I-140 filed yet, will they be rendered useless effective 5/17/2007??

jfredr
05-16-2007, 01:41 PM
Yeah Body shoppers Thirst for blood never satisfied.

ns007
05-16-2007, 01:45 PM
05/16/2007: SPECIAL ALERT! Labor Certification Substitution Elimination Final Rule Scheduled to be Published Tomorrow, 05/17/2007

* AILA has just obtained advanced copy of this final rule. The followings are the changes to the proposed rule:
o LC Validity Period: 180 days (changed from 45 days) from the effective date of the final rule (for the already certified cases) or from the date of certification (for the cases certified after the effective date of the final rule). Any certified applications filed with DHS for I-140 petition within the 180-day window will not be affected by the rule.
o Unaffected Substitutions: (1) DOL or DHS has approved the substitution or (2) substitution request has been filed and pending, effective date of the final rule.

ns007
05-16-2007, 01:48 PM
05/16/2007: SPECIAL ALERT! Labor Certification Substitution Elimination Final Rule Scheduled to be Published Tomorrow, 05/17/2007

* AILA has just obtained advanced copy of this final rule. The followings are the changes to the proposed rule:
o LC Validity Period: 180 days (changed from 45 days) from the effective date of the final rule (for the already certified cases) or from the date of certification (for the cases certified after the effective date of the final rule). Any certified applications filed with DHS for I-140 petition within the 180-day window will not be affected by the rule.
o Unaffected Substitutions: (1) DOL or DHS has approved the substitution or (2) substitution request has been filed and pending, effective date of the final rule.

************************************************** ********

Canadian_Dream
05-16-2007, 01:51 PM
Does anyone know if, you file an I-140 based on substituted labor today (before the final rule) will that be considered vaild ?

Canadian_Dream
05-16-2007, 01:52 PM
No, it will remain vaild 180 days after 5/17/2007
Gurus please answer this question:

Labors that have been approved say in 2005 and have not had a I-140 filed yet, will they be rendered useless effective 5/17/2007??

logiclife
05-16-2007, 01:53 PM
So does this mean that effective tommorow, all the labor certs that are older than 180 days would become useless.

If that's the case, then all the labor certs approved before 17th Nov 2006 cannot be used for anyone to file a 140 petition.

So I guess the substitution provision still remains and you can still substitute labor within the first 6 months after its approved. And after 6 months, the approved labor becomes useless if no one uses it (original or substitute employee) to file 140?

Is my understanding correct?

This is important because the recycled labors in the system are causing the priority dates to stay stagnant as backlog center's labors are ending up on the eBay of labor certs : Sulekha.

Canadian_Dream
05-16-2007, 01:56 PM
That's not correct.
All the approved labors for the original beneficiary will be valid for 180 days after rule goes into affect. For the labors that will be approved after 5/17, validity period is 180 days after the date of approval.

As far as labor substitution goes, it ends from tomorrow 5/17 forever.


So does this mean that effective tommorow, all the labor certs that are older than 180 days would become useless.

If that's the case, then all the labor certs approved before 17th Nov 2006 cannot be used for anyone to file a 140 petition.

So I guess the substitution provision still remains and you can still substitute labor within the first 6 months after its approved. And after 6 months, the approved labor becomes useless if no one uses it (original or substitute employee) to file 140?

Is my understanding correct?

This is important because the recycled labors in the system are causing the priority dates to stay stagnant as backlog center's labors are ending up on the eBay of labor certs : Sulekha.

sravani
05-16-2007, 01:58 PM
That's not correct.
All the approved labors for the original beneficiary will be valid for 180 days after rule goes into affect. For the labors that will be approved after 5/17, validity period is 180 days after the date of approval.

As far as labor substitution goes, it ends from tomorrow 5/17 forever.

Agree. This is what I understood. Some one, please clarify if this is not the case.

little_willy
05-16-2007, 02:00 PM
So does this mean that effective tommorow, all the labor certs that are older than 180 days would become useless.


No, my understanding is that any labor certified so far (doesn't matter when) will have validity for 180 days from tomorrow. For any new labor approvals, the validity period is 180 days from date of approval. Correct if I am wrong.

So, in essence, if the backlog labor approval picks up, body shoppers will mint money in the next 6 months, just in time for christmas i guess.:D

ns007
05-16-2007, 02:04 PM
That's what I interpreted from immigration-law.com posting.





No, my understanding is that any labor certified so far (doesn't matter when) will have validity for 180 days from tomorrow. For any new labor approvals, the validity period is 180 days from date of approval. Correct if I am wrong.

So, in essence, if the backlog labor approval picks up, body shoppers will mint money in the next 6 months, just in time for christmas i guess.:D

Canadian_Dream
05-16-2007, 02:10 PM
The affective date is July 16 2007. There is still 2 months before the substitution and 180 days validity rule kicks in.

mirage
05-16-2007, 02:11 PM
As per http://www.immigration-law.com/
Looks like the labor subst.. elimination effective date is july 16 2007

sravani
05-16-2007, 02:16 PM
This is so confusing...:confused:

All approved labors so far can be substitued till 180 days and newly approved labors from now cannot be substitued at all. Is that right?

sbabunle
05-16-2007, 02:17 PM
Consulting companies will be busy to substitute labor..They have until july16

royus77
05-16-2007, 02:57 PM
No, my understanding is that any labor certified so far (doesn't matter when) will have validity for 180 days from tomorrow. For any new labor approvals, the validity period is 180 days from date of approval. Correct if I am wrong.

So, in essence, if the backlog labor approval picks up, body shoppers will mint money in the next 6 months, just in time for christmas i guess.:D


My understanding is that labor should belong to the original beneficiary only...hope body shoppers will start talking 95-5 now

priderock
05-16-2007, 03:03 PM
This is so confusing...:confused:

All approved labors so far can be substitued till 180 days and newly approved labors from now cannot be substitued at all. Is that right?

Without seeing the complete text , this is my understanding.....

There are two ways you can substitute a labor certification.

1) With DOL while the case is still pending :
DOL will not substitute labors from July 16, 2007 onwards .. PERIOD.

2) Substitute at USCIS when filing I140. DOL can't mandate on this because it is not in their control. DOL tried to address this by making the LCA validity too short (45days as originally proposed) so that the employer can't put it on the market and sell to the highest bidder.

But this is too short a period even for Genuine cases (Not substitution). So People requested for a higher validity period for approved LCAs. So DOL considered that request and made it 180 days.

So in essence one has to sell all the already approved labors within 6 months from tomorrow and the future once within 6 months after the approval.

Since DOL had made this change USICS might also consider similar changes but the question is when ?

This is just my understanding and others may disagree.....

royus77
05-16-2007, 03:11 PM
Without seeing the complete text , this is my understanding.....

There are two ways you can substitute a labor certification.

1) With DOL while the case is still pending :
DOL will not substitute labors from July 16, 2007 onwards .. PERIOD.

2) Substitute at USCIS when filing I140. DOL can't mandate on this because it is not in their control. DOL tried to address this by making the LCA validity too short (45days as originally proposed) so that the employer can't put it on the market and sell to the highest bidder.

But this is too short a period even for Genuine cases (Not substitution). So People requested for a higher validity period for approved LCAs. So DOL considered that request and made it 180 days.

So in essence one has to sell all the already approved labors within 6 months from tomorrow and the future once within 6 months after the approval.

Since DOL had made this change USICS might also consider similar changes but the question is when ?

This is just my understanding and others may disagree.....

your statments caused more confusion

priderock
05-16-2007, 03:15 PM
your statments caused more confusion

I thought so too :) :)

mirage
05-16-2007, 03:20 PM
Guys it is very clear.

1. Labor substitution ends on 16th July. So all the I-140 applications for. Labor substitutions should reach USCIS before or on jul16.
2. That 45 days to file I-140 rule is now 180 days.
I’m still not clear what is the ruling about the Labors that have already been approved and on which I-140 have not being filed whether the employers have up till jul-16th to file I-140 or will they have 180 days after july 16th to file the I-140.

vinabath
05-16-2007, 03:23 PM
Thanks for your reply.

vinabath
05-16-2007, 03:27 PM
Guys it is very clear.

1. Labor substitution ends on 16th July. So all the I-140 applications for. Labor substitutions should reach USCIS before or on jul16.
2. That 45 days to file I-140 rule is now 180 days.
I’m still not clear what is the ruling about the Labors that have already been approved and on which I-140 have not being filed whether the employers have up till jul-16th to file I-140 or will they have 180 days after july 16th to file the I-140.


For Approved Labors - No Substitution 140

Approved/Certified date before 7-16-2007 == Last date for applying 140 is 1-15-2008

Approved/Certified date on/after 7-16-2007 == Last date for applying 140 is 180 days

jonty_11
05-16-2007, 03:37 PM
if everyone would just wait their turn, we would not be in this mess....labor subs should be banned ..its avehicle for abuse by mom pop shops whose profit margins will sore if they sell pre-aproved labors.
It is also unfair to people like IV members .....

The fact that it is being abolished is a sign that it was grossly abused.

nonimmi
05-16-2007, 03:45 PM
So we've to wait till Nov to know the real impact of this rule!! Hope other bill will bring more relief than this soon. :)

sravani
05-16-2007, 03:49 PM
Without seeing the complete text , this is my understanding.....

There are two ways you can substitute a labor certification.

1) With DOL while the case is still pending :
DOL will not substitute labors from July 16, 2007 onwards .. PERIOD.

2) Substitute at USCIS when filing I140. DOL can't mandate on this because it is not in their control. DOL tried to address this by making the LCA validity too short (45days as originally proposed) so that the employer can't put it on the market and sell to the highest bidder.

But this is too short a period even for Genuine cases (Not substitution). So People requested for a higher validity period for approved LCAs. So DOL considered that request and made it 180 days.

So in essence one has to sell all the already approved labors within 6 months from tomorrow and the future once within 6 months after the approval.

Since DOL had made this change USICS might also consider similar changes but the question is when ?

This is just my understanding and others may disagree.....

Thanks, this explanation kind of makes sense. Hope USCIS will also consider changing this immediately. :)

Canadian_Dream
05-16-2007, 03:57 PM
For approved labors last date to substitute and file I-140 is 7-16-07. I agree with the rest.

For Approved Labors - No Substitution 140

Approved/Certified date before 7-16-2007 == Last date for applying 140 is 1-15-2008

Approved/Certified date on/after 7-16-2007 == Last date for applying 140 is 180 days

vejella
05-16-2007, 03:58 PM
Looks like Labor substitution bid will go on and on till July 16th.

Any way by that time most of the labors from Back log center will be out and taken.

I see minimal impact with the rule.



For Approved Labors - No Substitution 140

Approved/Certified date before 7-16-2007 == Last date for applying 140 is 1-15-2008

Approved/Certified date on/after 7-16-2007 == Last date for applying 140 is 180 days

sravani
05-16-2007, 04:01 PM
For Approved Labors - No Substitution 140

Approved/Certified date before 7-16-2007 == Last date for applying 140 is 1-15-2008

Approved/Certified date on/after 7-16-2007 == Last date for applying 140 is 180 days

oh, wait this is different. Which one is correct? :confused:

Are you sure no labor substitution allowed at USCIS starting from now?

Canadian_Dream
05-16-2007, 04:03 PM
All labor substitution rules will take affect on 07/16/2007. Till then it is business as usual.

oh, wait this is different. Which one is correct? :confused:

Are you sure no labor substitution allowed at USCIS starting from now?

sravani
05-16-2007, 04:03 PM
For Approved Labors - Substitution allowed till 7-16-2007

Approved/Certified date before 7-16-2007 == Last date for applying 140 is 1-15-2008

Approved/Certified date on/after 7-16-2007 == Last date for applying 140 is 180 days

sravani
05-16-2007, 04:06 PM
All labor substitution rules will take affect on 07/16/2007. Till then it is business as usual.

ok. Thanks :)

Hope those USCIS officers don't get confused with these rules and mess up the applications :D

rb_248
05-16-2007, 04:06 PM
Wait till the text is out. Don't break your heads speculating what it could be.

nonimmi
05-16-2007, 04:10 PM
For Approved Labors - Substitution allowed till 7-16-2007

Approved/Certified date before 7-16-2007 == Last date for applying 140 is 1-15-2008

Approved/Certified date on/after 7-16-2007 == Last date for applying 140 is 180 days

This makes sense.

royus77
05-16-2007, 04:15 PM
The highest bidder will win and the attorneys and desi employers will make money for the final time

sravani
05-16-2007, 04:19 PM
I am really worried that all these dead lines will create huge backlog and God only knows how long the 485 processing time is going to be :(

priderock
05-16-2007, 04:43 PM
The highest bidder will win and the attorneys and desi employers will make money for the final time

I guess it is right time to create a lcbay.com for these :) :) with a steep posting and membership fee. Are they already out there ?? :( :(

priderock
05-16-2007, 04:54 PM
This is what I read a while back on Murthy.com on the original proposal

"......
While the current wording of the regulation is not known, since it is a DOL regulation, its scope is inherently limited to matters within DOL control. Accordingly, while nothing is guaranteed, it is quite possible that the regulation will not be able to interfere with labor substitution cases that have already been filed with the USCIS.
......"

This is the link if you are interested : http://www.murthy.com/news/n_labsub.html


I have not seen any language so far that prohibits USCIS from allowing substitutions. I know it confuses a lot of people (if they are not already :) ) , I guess we have to see the whole text of the regulation and future interpretations/clarification on those statements before things are clarified.

nonimmi
05-16-2007, 04:59 PM
This is what I read a while back on Murthy.com on the original proposal

"......
While the current wording of the regulation is not known, since it is a DOL regulation, its scope is inherently limited to matters within DOL control. Accordingly, while nothing is guaranteed, it is quite possible that the regulation will not be able to interfere with labor substitution cases that have already been filed with the USCIS.
......"

This is the link if you are interested : http://www.murthy.com/news/n_labsub.html


I have not seen any language so far that prohibits USCIS from allowing substitutions. I know it confuses a lot of people (if they are not already :) ) , I guess we have to see the whole text of the regulation and future interpretations/clarification on those statements before things are clarified.

Why goto Murthy and increase traffic!!!!
They just make people feel bad. STOP visiting Murthy. Visit IV. There are many more experts here than anywhere else today. You can get best updates and research from this forum. Murthy.com only confuses people.

royus77
05-16-2007, 05:00 PM
your statments caused more confusion

Its clear now ..check the latest update on the immigration-law website...

Substitution( not original beneficiary ) will be good for another 2 months for already approved LCs or which may get approved before the dead line . I 140 needs to be filed with in 180 days for all LCs hence forth.

PBECVictim
05-16-2007, 05:06 PM
1) No Labor Substitution in USCIS or DOL on or after July 16th 2007
2) Already approved labor certificates or future approvals before July 16 2007, will have 180 calendar days from July 16th 2007 ie. Jan 15th 2008
3) Labor certificates will be approved after July 16th 2007, will have 180 calendar days from the certified date.

Guys it is very clear.

1. Labor substitution ends on 16th July. So all the I-140 applications for. Labor substitutions should reach USCIS before or on jul16.
2. That 45 days to file I-140 rule is now 180 days.
I’m still not clear what is the ruling about the Labors that have already been approved and on which I-140 have not being filed whether the employers have up till jul-16th to file I-140 or will they have 180 days after july 16th to file the I-140.

Canadian_Dream
05-16-2007, 05:38 PM
http://www.ilw.com/immigdaily/news/2007,0517-substitution.pdf
It is confirmed that effective Date is JULY 16 2007 for rules to go into effect.

Wait till the text is out. Don't break your heads speculating what it could be.

sravani
05-16-2007, 05:41 PM
http://www.ilw.com/immigdaily/news/2007,0517-substitution.pdf
It is confirmed that effective Date is JULY 16 2007 for rules to go into effect.

Thanks for posting this link.

Oh My It's a 99 page document.

pitha
05-16-2007, 06:02 PM
This is such big joke bieng played on us by the USCIS and DOL. By the time this comes into effect evey labor cleared from BEC will be sold by desi companies. We would have been better off without this Labor Substitution elemination because now there will be a renewed effort by the desi companies to sell every last labor ASAP.

1) No Labor Substitution in USCIS or DOL on or after July 16th 2007
2) Already approved labor certificates or future approvals before July 16 2007, will have 180 calendar days from July 16th 2007 ie. Jan 15th 2008
3) Labor certificates will be approved after July 16th 2007, will have 180 calendar days from the certified date.

priderock
05-16-2007, 06:10 PM
This is what I read a while back on Murthy.com on the original proposal

"......
While the current wording of the regulation is not known, since it is a DOL regulation, its scope is inherently limited to matters within DOL control. Accordingly, while nothing is guaranteed, it is quite possible that the regulation will not be able to interfere with labor substitution cases that have already been filed with the USCIS.
......"

This is the link if you are interested : http://www.murthy.com/news/n_labsub.html


I have not seen any language so far that prohibits USCIS from allowing substitutions. I know it confuses a lot of people (if they are not already :) ) , I guess we have to see the whole text of the regulation and future interpretations/clarification on those statements before things are clarified.



The final rule addressed the above point:

In a nutshell USCIS was allowing the substitution based on the delegated power from DOL and now DOL rescinds that. So No substitution at USCIS level.




"
Relationship to DHS regulations ? One commenter supported the ban on
substitution but expressed concern that the impact of the change may
be quite limited until DHS adopts corresponding regulations to
prohibit the substitution of aiiens. Another commenter argued that
the public should not be placed in the position of dealing with
competing and possibly inconsistent regulations issued by different
agencies and suggested that DOL should withdraw its proposal until
DHS signals its equivalent concern.
DOL disagrees that there is a likelihood of competing or inconsistent
regulations between DOL and DHS. No DHS regulations address or
authorize substitution of alien beneficiaries on labor
certifications. Rather, at present, DHS permits substitution on
permanent labor certifications through a delegation of authority from
DOL. See March 7, 1996 Memorandum of Understanding between the
Immigration and Naturalization Service (INS) and Employment and
Training Administration (signed by Louis D. Crocetti, Jr., Associate
Commissioner, Examinations, and Raymond Uhalde, Deputy Assistant
Secretary for Employment and Training). INS (the portion of that
agency that provided immigration benefits) leter became U.S.
Citizenship and Immigration Services (USCIS) at the Department of
Homeland Security. Pursuant to that 1996 MOU, when substitution is
requested, DHS requires employers to submit a new (employer-completed
but not processed) DOL permanent labor certification application form
with the name of the substituted alien, along with the approved labor
certification in the name of the original alien beneficiary. See
USCIS Adjudicator's Field Manual, Sec. 22.2 (b) (6) (Sept. 12, 2006) .
This Final Rule alters the current practice by providing that labor
certifications, once approved, are valid only for the alien named in
the original application and that substitution of alien names on the
certification is prohibited. DOL and DHS have agreed that DOL will
rescind the delegation of authority contained in the 1996 MOU
consistent with the terms of thls Final Rule and effective on the
same date as this Final Rule. Because substitutjon of aliens on labor
certifications has occurred pursuant to DOL authority, regulatory
action by DHS is not necessary to implement a termination of its
delegated authority with respect to DOL permanent labor
certifications.
"

espoir
05-16-2007, 06:11 PM
I agree, the elimination should have been in immediate. This plays into the hands of people who have LCs at hand to sell illegally.
Why should there be substitution allowed in the first place? Is it not unfair to allow someone to cut the line in front of you and you still wait for your turn?

This is such big joke bieng played on us by the USCIS and DOL. By the time this comes into effect evey labor cleared from BEC will be sold by desi companies. We would have been better off without this Labor Substitution elemination because now there will be a renewed effort by the desi companies to sell every last labor ASAP.

priderock
05-16-2007, 06:19 PM
I agree, the elimination should have been in immediate. This plays into the hands of people who have LCs at hand to sell illegally.
Why should there be substitution allowed in the first place? Is it not unfair to allow someone to cut the line in front of you and you still wait for your turn?

The original intent of allowing substitution was not to allow TRADING of LCAs. It was allowed because an employer had gone through the recruitment process already for an alien/job vacancy and if the alien is no longer available because the time it took to process LCA (5 to 8 years) . This was meant to give employer the ability to use that process (time and money spent) and not make them wait for another 8 years.

stuckinmuck
05-16-2007, 06:23 PM
Every labor substitution started off as a 'valid' labor at the time when a 'foreigner' was sponsored after the employer went through the advertisement process and couldn't find a 'local' for that job. However, if that 'foreigner' didn't continue with that labor, then what's the point of 'blind' labor substitution? The employer should have been required to go through the advertisement process again and try to find a 'local' first. Maybe they would have. If not, then they could find a new 'foreigner' on the substituted labor.

In essence anyway, the whole concept of labor substitution is baseless, wrong and unfair.

espoir
05-16-2007, 06:25 PM
Makes perfect sense in what you say. Its just that extent of its abuse is very bothering. And since now its being realised, the rule effect should have been immediate. As PERM does not take 8years anymore. Giving them another 60 days to continue to abuse is not sensible.

The original intent of allowing substitution was not to allow TRADING of LCAs. It was allowed because an employer had gone through the recruitment process already for an alien/job vacancy and if the alien is no longer available because the time it took to process LCA (5 to 8 years) . This was meant to give employer the ability to use that process (time and money spent) and not make them wait for another 8 years.

sravani
05-16-2007, 06:29 PM
Bottom line, I don't see any benifit of this substitution elimination rule atleast in the shorter term. This creates more backlog for people who are waiting with their own labor for years. Now with the PDs moved significantly, these bodyshoppers try to sell all the EB3/EB2 2002/2003/2004 labors before the 07/16 dead line that might cause the dates to be retrogressed again! :o

pitha
05-16-2007, 06:40 PM
I was hoping against hope that visa bulletin might reach september 2005 for eb2 in the next couple of months. Now I can pretty much kiss that hope good bye. Desi companies will sell labor like the world is going to end tommorow and the dates will retrogress much sooner.

Bottom line, I don't see any benifit of this substitution elimination rule atleast in the shorter term. This creates more backlog for people who are waiting with their own labor for years. Now with the PDs moved significantly, these bodyshoppers try to sell all the EB3/EB2 2002/2003/2004 labors before the 07/16 dead line that might cause the dates to be retrogressed again! :o

GCBy3000
05-16-2007, 06:58 PM
I think 140 should be filed and approved by this date. Otherwise, the substitution is still a substitution even after this date.

For approved labors last date to substitute and file I-140 is 7-16-07. I agree with the rest.

GCBy3000
05-16-2007, 06:59 PM
I have a labor and 140 approved. I want to switch to different company and port the PD. Is this considered as labor substitution?

GCBy3000
05-16-2007, 07:04 PM
Actually the substitution is not at all the issue. The issue is the priority date. For any substituted labor, the PD should be 140 filing PD. This would make everyone happy other than the substitution beneficiary if he knows this was not the case before.

1. Employers will benefit as they do not have to go through the process.
2. Alien will also benefit a bit, but not much as PERM is faster now. He will save atleast 3 months.
3.Others who have filed will also be happy as their PD will not get affected because of substitution.

Any flaws with the above. Why dont these lawmakers thinks so then.

The original intent of allowing substitution was not to allow TRADING of LCAs. It was allowed because an employer had gone through the recruitment process already for an alien/job vacancy and if the alien is no longer available because the time it took to process LCA (5 to 8 years) . This was meant to give employer the ability to use that process (time and money spent) and not make them wait for another 8 years.

espoir
05-16-2007, 07:04 PM
I dont think that is considered labor substitution. For porting PD with another company, you still have to go thru PERM and I-140. This is just from what I know. I could be wrong.

I have a labor and 140 approved. I want to switch to different company and port the PD. Is this considered as labor substitution?

bitu72
05-16-2007, 08:11 PM
i had a 2004 eb3 labor which got stuck in I 140 jam.. filed new 2007 perm labor

wondering if i can get some desi guy to file my I 140 and 485 and then wait for me. once 140 cleared i will join him... i know it not fair but then...

i think we can file with future employment options

perm2gc
05-16-2007, 08:11 PM
one my co-worker who recently came to US got a labor substitution from his employer and now he is able to file for i-485.We are waiting in lines for years..the reward we get is to wait more

CADude
05-16-2007, 09:19 PM
Paralegal mantra.. wait (i am doing it from 7 years :)) Employer is big so don't care for me and moving paper takes a month.
My PD is last week of June 2003 and again missed by a month:D

Did you talk to your Employer and Attorney? what did they say?

samrat_bhargava_vihari
05-17-2007, 09:19 AM
NewsFlash! LC Substitution Regulation Finalized Posted May 16, 2007

The labor certification (LC) substitution regulation that many MurthyDotCom and MurthyBulletin readers have been following in our articles now has been finalized. The regulation is 96 pages in length. We at the Murthy Law Firm are in the process of distilling this information. Please check the main page of our website for a link to the details of this important announcement!

[For reference, see our earlier article from April 30, 2007 NewsFlash! LC Substitution Regulation - OMB Review Concluded, available on MurthyDotCom.]

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laborman
05-17-2007, 09:46 AM
For those interested in getting the final rule for labor substitution that the Department of Labor has published, go to the website of the Employment and Training Administration (http://www.doleta.gov/) (the one that is actually responsible for the LC process) and click on the “Workforce Professionals (http://www.doleta.gov/usworkforce/)” button. On the left side of the page is a “What’s New” section. There you will find a decent summary of the final rule under an article titled “Department Publishes Amended Regulations on Labor Certification for the Permanent Employment of Aliens; Final Rule Seeks to Reduce the Incentives and Opportunities for Fraud and Abuse.” The article also provides a link to the Federal Register where the rule was published.

SSSarkar
05-17-2007, 05:46 PM
The long-awaited substitution rule has finally been published in the Federal Register as an amendment to the existing rule, making it part of the official regulations of the Employment and Training Administration. The final rule contains very lengthy discussions of the issues and public comments regarding each part of the proposed rule.

The following is a list of the most important changes:

(1) Barter, Purchase and Sale of labor certifications is prohibited, and each of those terms is now defined in 656.3 of the PERM Rule. Note that transfer of labor certification from one employer to another may be possible, if no consideration changes hands;

(2) Substitution of alien beneficiaries is now prohibited for any application submitted after July 16, 2007. Note that previously approved substitutions and requests for substitutions in the pipeline are still valid, although the rule actually states the contrary, due to a technical error.

(3) Modifications to labor certifications are also prohibited after July 16, 2007, if such requests for modification were submitted after July 16, 2007. Note: If taken literally, no amendments may be made on labor certification applications including non-substantive changes to address and telephone numbers.

(4) Although aliens may pay their own attorney fees, only employers may pay attorney fees if the attorney represents both the alien and the employer. Note: This appears to be the most controversial part of the new rule.

(5) Motions to Reconsider may only include documentation (a) actually received by DOL from the employer or (b) in the record file maintained for submittion to DOL in compliance with the regulations. Note: No external information may be submitted to prove extenuating circumstances or manifest injustice;

(6) Motions to Reconsider may not address errors resulting from failure to follow system prompts or other direction instructions. Note: In the aftermath of HealthAmerica, the DOL is eliminating possible claims of harmless error or technical problems with software.

(7) Requests for Review to BALCA may only include legal arguments or evidence that was already in the record, except that review of disbarment may be de novo. Note: Many BALCA decisions have dealt with the integrity of the record itself, i.e., whether the CO had a complete and accurate copy of the record and how the Employer may supplement a faulty record file.

(8) Detailed rules for Appeal to BALCA. Note: Must set forth the particular grounds for the request, identify the particular determination and include a copy of the final determination.

(9) I-140 Petitions must be filed within 180 calendar days of PERM approval. Note: The day after the approval is the first day and the 180th day is the last day for filing the I-140.

(10) Permanent Labor Certifications are only valid for the particular job opportunity, the alien named in the application (unless substition was approved prior to July 167, 2007), and the area of intended employment. Note: This conflicts with AC-21 which permits substitution to similar job in any area of employment 180 days after filing applications for adjustment of status.

(11) Detailed rules are set forth involving denials, fraud, willful misrepresentation, suspension, criminal indictments, and disbarment. Note: The disbarment provisions are new to PERM.

(12) DOL has the right to request any information the CO deems relevant, including the existence of a bona fide job opportunity and the disclosure of payments. Note: The clear implication is that the payment of attorney fees by the alien, even for representation of the alien, may be seen as an extension of grounds for denial based on lack of a bona fide job opportunity.

This is a brief analysis of the July 16, 2007 amendment. Further, more detailed analyses will follow in future postings!

http://blogs.ilw.com/joelstewart/2007/05/dol_substitutio.html

bobbyvil
05-17-2007, 06:13 PM
Hi All,

As everyone knows that the Labor Substitution is coming to an end, I guess i am trying to explore my luck I have a Labor and i am ready to file a substitution but below are my queries

1) What should i have with the new Employer whom i am going to file
2) What should i ask him if i would like to file Concurrent
3) What should the attorney do at this stage cos i have been decieved once on behalf of my X employer

Please let me know if any information is available and any contacy details of how should i proceed and what should i gather and what would be the expenses at this stage.

Thanks in Advance and please leave your contact details

EkAurAaya
05-17-2007, 06:23 PM
On aila.org there is a link but only members can view details... anyone heard anything about this?

amitjoey
05-17-2007, 06:27 PM
On aila.org there is a link but only members can view details... anyone heard anything about this?

What?. Why?

decipher
05-17-2007, 06:28 PM
I think its suspended only for the labor substitution cases.

http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf

ramaonline
05-17-2007, 06:28 PM
USCIS TERMINATES PREMIUM PROCESSING SERVICE FOR FORM I-140 PETITIONS REQUESTING LABOR CERTIFICATION SUBSTITUTION

http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf

EkAurAaya
05-17-2007, 06:30 PM
Shoot its true saw it on USCIS website

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD

amitjoey
05-17-2007, 06:31 PM
Only for Labor substitution cases.

pasupuleti
05-17-2007, 06:33 PM
Yeap only for labor substitution.
Only for Labor substitution cases.

EkAurAaya
05-17-2007, 06:38 PM
oh ok... i have a pending i-140 and my lawyer was going to upgrade premium, I should be ok right?

caydee
05-17-2007, 07:17 PM
On aila.org there is a link but only members can view details... anyone heard anything about this?

- believe this is applicable only for labor substitution cases. USCIS anticipates a flood of I140s with substituted labor. And this is effective 5/18.

karthiknv143
05-17-2007, 07:32 PM
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions

USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS’ capacity to provide the Premium Process Service according to the program guidelines.

www.immigration-law.com

EB3Victim
05-17-2007, 07:37 PM
USCIS TERMINATES PREMIUM PROCESSING SERVICE FOR FORM I-140 PETITIONS REQUESTING LABOR CERTIFICATION SUBSTITUTION


USCIS Update
May 17, 2007
USCIS TERMINATES PREMIUM PROCESSING SERVICE FOR FORM I-140 PETITIONS REQUESTING LABOR CERTIFICATION SUBSTITUTION
WASHINGTON – United States Citizenship and Immigration Services (USCIS) announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution in accordance with 8 CFR 103.2(f)(2). USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS’ capacity to provide the Premium Process Service according to the program guidelines.
The Department of Labor (DOL) amended its administrative regulations at 20 CFR part 656 through a final rule, Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity, published in the Federal Register on May 17, 2007, which will take effect on July 16, 2007. The DOL final rule will eliminate the practice of substituting alien beneficiaries on approved labor certifications filed with USCIS in support of Form I-140 petitions. Amended 20 CFR 656.11 will mandate that the information contained in a labor certification application may not be modified after the labor certification application is filed with DOL. This includes the substitution of alien names on the labor certification. Beginning on July 16, 2007, USCIS will no longer accept Form I-140 petitions that are supported by labor certifications that were approved by DOL for an alien other than the alien beneficiary named on the labor certification application.
Premium Processing Service guarantees that within 15 calendar days of receipt of a petition, USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. Due to the volume of Form I-140 petitions that request labor certification substitution that USCIS anticipates will be filed prior to July 16, 2007 (the date upon which labor certification substitution will no longer be available to Form I-140 petitioning employers), USCIS can not reasonably ensure this level of processing service for Form I-140 petitions that request labor certification substitution within 15 calendar days.

sbabunle
05-17-2007, 08:41 PM
Can people still apply LC substitution in regular with the new regulation?

"it kinda says all 140s approved on or before July 16 are valid...."

So if somebody apply today on substitution and if its not approved on July 16
is that gonna valid after Jul 16?

if so we still gonna have lots of replacements which I hate to see..Any comment on this fellas?

adde72
05-17-2007, 09:23 PM
USCIS TERMINATES PREMIUM PROCESSING SERVICE FOR FORM I-140 PETITIONS REQUESTING LABOR CERTIFICATION SUBSTITUTION

http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf

Good Atleast this measure will stop the selling of the LCs by desi employers in the market

adde72
05-17-2007, 09:26 PM
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions

USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS’ capacity to provide the Premium Process Service according to the program guidelines.

www.immigration-law.com


Good with this measure USICS is trying to stop selling the labors in the market.Only genuine will use them.

sravani
05-17-2007, 09:28 PM
One sensible thing from USCIS, I am surprised :rolleyes:

sravani
05-17-2007, 09:30 PM
Good with this measure USICS is trying to stop selling the labors in the market.Only genuine will use them.

I think Bodyshoppers still sell the labors. As per the new rule labor substitution applications will be accepted by USCIS till July/18

Kodi
05-17-2007, 11:52 PM
What's the meaning of I-140 with substitution labor?

eb3_nepa
05-17-2007, 11:57 PM
So basically today (May 17th 2007) was the last day for people to apply premium I-140s with labor substitution?

eb3_nepa
05-18-2007, 12:07 AM
Is it ok for the USCIS to cut off I-140 premium by giving less than a day's notice? I am surprised AILA is not all over them..

rock
05-18-2007, 12:29 AM
Is it ok for the USCIS to cut off I-140 premium by giving less than a day's notice? I am surprised AILA is not all over them..

Thats really surprising. Can any one can help me how to create a new thread?
I am unable to see that option.
Thanks in advance.

svgupta
05-18-2007, 02:58 AM
What's the meaning of I-140 with substitution labor?
.. This includes the substitution of alien names on the labor certification. Beginning on July 16, 2007, USCIS
will no longer accept Form I-140 petitions that are supported by labor certifications that were approved by
DOL for an alien other than the alien beneficiary named on the labor certification application. ... (refer to the pdf link available in the thread ..)

So, labor will no longer be a commodity, which some individuals preferred buying. And further prevent some consulting cos from enticing folks to join them and start their GC on an approved labor...

so correct me ... if this doesn't hold true!

thomachan72
05-18-2007, 07:59 AM
Labor substitution was bullshit to begin with. It really did not make any sense at all. Good that commonsense prevailed and they stoped it. I-140 premium processing, I dont really see how that could be misused and hope it is brought back once everything settles down.

cagedcactus
05-18-2007, 08:19 AM
I have been offered a pre approved labor from a company. My sixth year expires next year in July. I have to transfer my h1 quickly to get benefit of that pre approved labor. EB3 level.
Please tell me if this is possible anymore, and if it is, what should I watch out for.
Help me out please.....

samrat_bhargava_vihari
05-18-2007, 09:47 AM
I have been offered a pre approved labor from a company. My sixth year expires next year in July. I have to transfer my h1 quickly to get benefit of that pre approved labor. EB3 level.
Please tell me if this is possible anymore, and if it is, what should I watch out for.
Help me out please.....
It is possible til July 16th but make sure it is suitable to your skills and you can join there only if your I-140 approves.

Caliber
05-18-2007, 10:32 AM
I have been offered a pre approved labor from a company. My sixth year expires next year in July. I have to transfer my h1 quickly to get benefit of that pre approved labor. EB3 level.
Please tell me if this is possible anymore, and if it is, what should I watch out for. Help me out please.....
About three years back, one of my friend's know person was cheated with Substitution labor. The employer used the same labor for 2 people working with him. both have got 140 and worked on EAD for some time. At final stage this my friend's know person's GC was rejected by USCIS stating that the Labor was used by another colleague. That time he was in 8th year. He had to pass through lot of hell as he never rennewed hi H1 and was working on EAD. Finally he got through with Perm and USCIS has given him benefit of doubt as it was not his mistake.

Ask the employer to show you the original labor and only then take it.

nonimmi
05-18-2007, 10:59 AM
I dont know if anyone else got this kind of email. I got this recently.

--------------------------------------------------------
We are open to file for your Green Card if you are planning to become our employee. Please provide me your updated resume and also fill out the attached form for further process. Please forward this email to friends if they are interested.
--------------------------------------------------------

From

cyberThink, Inc.
1125 US Hwy 22 West
Bridgewater, NJ - 08807-9837
www.cyberThink.com

I'm just posting it here so that people can avoid their TRAP!!

srt57
05-18-2007, 11:00 AM
So does the elimination of Premium Processing affect only Labor Substitution I140 applications, or is Premium Procesing no longer accepted for regular I140 applications?

indio0617
05-18-2007, 11:05 AM
So does the elimination of Premium Processing affect only Labor Substitution I140 applications, or is Premium Procesing no longer accepted for regular to regular I140 applications?


Stopped only for Labor Sub I -140 . It will continue for regular I-140 cases.

CADude
05-18-2007, 01:40 PM
I have a question? Any help/clarification will be appriciated.

I have approved I140 for EB3(PD: July 03). My company recently also submitted application for sub I140(pending) EB3(PD: 2001). Can I file AOS with PD:July 03(if it become current) date and change AOS later with PD:2001(when Sub I140 will be approved)? If yes, Any official support link will be helpful.

Thanks,

perm2gc
05-18-2007, 02:30 PM
I dont know if anyone else got this kind of email. I got this recently.

--------------------------------------------------------
We are open to file for your Green Card if you are planning to become our employee. Please provide me your updated resume and also fill out the attached form for further process. Please forward this email to friends if they are interested.
--------------------------------------------------------

From

cyberThink, Inc.
1125 US Hwy 22 West
Bridgewater, NJ - 08807-9837
www.cyberThink.com

I'm just posting it here so that people can avoid their TRAP!!
I have received the same email.

royus77
05-18-2007, 02:43 PM
I got my EB2 LC through PERM & also I 140 with a Priority date of July 06 . I want to try the substitute labor b4 july 07 option as i am skeptical of any further movement of dates in the next one year or so . i am left with only 6 months on my H1B . If i applied new I 140 using substitute LC ( which is in eb3 ) and if that gets rejected what will happen to my current I 140 ? Any thoughts ? I am trying to get substitute labor with my current employer only with whom i am working for more than 2 years and a listed company

nonimmi
05-18-2007, 03:50 PM
I have received the same email.

Friends, Say NO to any such email and help reduce backlog. These guys are trying to make use of this last opportunity very very hard.

We need to expose them.

another_fella
05-18-2007, 04:28 PM
I would be very careful in dealing with this company. Google for this company name, and you will know better.

here is a snippet that tells about the company:


CyberThink recently shot into fame when it has filed a suit against 16 former employees whom it accuses of contract violations. The employees had agreed to work for a minimum period of 18 months and had agreed to pay the company between $5,000 and 15,000. Fourteen of these cases are under jurisdiction but the employees were asked to compensate the employer in the two cases decided by the court. Close to each other’s heels, the two cases reveal that a great deal is dependent on whether the employer has scrupulously stuck to the written word. In the Dipen Joshi case the company asked him to pay $75,000 a preposterous amount. Joshi was also on the Bench for a period of four to five months, employers they had also reneged on terms of the contract.


you can read the full text here:

http://www.assureconsulting.com/articles/h1bwork.shtml


I dont know if anyone else got this kind of email. I got this recently.

--------------------------------------------------------
We are open to file for your Green Card if you are planning to become our employee. Please provide me your updated resume and also fill out the attached form for further process. Please forward this email to friends if they are interested.
--------------------------------------------------------

From

cyberThink, Inc.
1125 US Hwy 22 West
Bridgewater, NJ - 08807-9837
www.cyberThink.com

I'm just posting it here so that people can avoid their TRAP!!

dreamworld
05-21-2007, 01:37 PM
Is it possible to apply I140 with the copy of approved labor? Since my lawyer lost it and i want to apply through another lawyer. Any advise!!!

EB3Victim
05-21-2007, 06:55 PM
05/21/2007: DOL Labor Certification Substitution Elimination Rule Update

There is a confusion on the cut-off date for availability of the substitution of beneficiary of the labor certification application which has been certified on or before 07/16/2007. Specifically, issue is whether the substitution I-140 "filing" is sufficient on or before 07/16/2007 or the substitution I-140 must have been approved on or before 07/16/2007. The answer to this question is critical since the USCIS suspended on 05/18/2007 premium processing services for the substitution I-140 petitions and regular processing times for I-140 petitions are hopelessly backlogged at this time, and the chances of most of the substitution I-140 approvals for the pending cases in regular proceeding before 07/16/2007 are very slim. This question has been raised because unlike the proposed regulation, in the final regulation the DOL removed the language "I-140 filed" in the preamble. Sources indicate that the DOL is expected to release announcement on this issue within this week to clarify the rule which the DOL intended in enacting the final rule. Please stay tuned to this website for this important news development.

EB3Victim
05-24-2007, 06:06 PM
05/24/2007: Cut-Off Time for Substitution I-140 Petition is "Filing" and Not "Approval" of Substitution I-140 Petition Before 07/16/2007

AILA has reported the USCIS announcement that answered the question on survivability of the certified labor certification application for substitution as of effective date (07/16/2007) of the DOL's substitution elimination rule. It states that inasmuch as the substitution I-140 is "filed" before 07/16/2007, the USCIS will complete adjudication of such substitution I-140 petition. Thank you, USCIS!
This is a huge relief in that currently PPS is not available for the substitution I-140 petitions. Accordingly, had the cut-off date been "I-140 approved," most of the pending or new substitution I-140 petitions could have been gone on 07/16/2007. Now, since the cut-off time is "filing" of substitution I-140 petition before 07/16/2007, people do not have to worry about it inasmuch as they can file it before July 16, 2007. No PPS would have been necessary, had there been PPS continuously available for the substitution I-140 petitions! Read USCIS Announcement Today for other related issues as well.




http://www.uscis.gov/files/pressrelease/PermRuleLaborCert052407.pdf

nnan
05-25-2007, 10:32 AM
EB3 PD Sep 2002.
I485 applied in May 2003 (Nebraska)
4th EAD in progress.
RFE completed in FEB 2006

Now that PD has progressed to JUN 2003, I wonder whether this PD is applicable only for the fresh I485 appplicants or will already pending 485 applications be considered for approvals? Thus all with Pre-approved labor and PD dates in 2001 will get approved even if they applied for for I-485 in 2007?

I am so done now, I have seen several people who got "pre-approved" labor and got thier GC even hough they landed in this country in 2004 !

In fact one of the person to receive a GC is a candidate I interviewed for a job who had newly arrived on H1 in 2004. He was lured by another consulting shop for a pre-approved labor and now already has a GC.
And people like with 13 yrs I exp, 5 years GC pending are still waiting , renewing our EAD's every year.(of course the ant brains USCIS now seem to have realized that they should stop accepting "pre-approved labor" applications)

Any responses, guesses are much appreciated.

Thanks

CADude
05-25-2007, 01:08 PM
Visa# goes by PD not date of filing. Here Point System will save future generation, if CIR becomes law. It will be Applicant property rather Employers.

EB3 PD Sep 2002.
I485 applied in May 2003 (Nebraska)
4th EAD in progress.
RFE completed in FEB 2006

Now that PD has progressed to JUN 2003, I wonder whether this PD is applicable only for the fresh I485 appplicants or will already pending 485 applications be considered for approvals? Thus all with Pre-approved labor and PD dates in 2001 will get approved even if they applied for for I-485 in 2007?

I am so done now, I have seen several people who got "pre-approved" labor and got thier GC even hough they landed in this country in 2004 !

In fact one of the person to receive a GC is a candidate I interviewed for a job who had newly arrived on H1 in 2004. He was lured by another consulting shop for a pre-approved labor and now already has a GC.
And people like with 13 yrs I exp, 5 years GC pending are still waiting , renewing our EAD's every year.(of course the ant brains USCIS now seem to have realized that they should stop accepting "pre-approved labor" applications)

Any responses, guesses are much appreciated.

Thanks

gottagc
05-28-2007, 01:37 AM
Hi All

I am in the process of taking a LC substitution. What are the processes involved.

The attorneys have sent me the I485/I325A/I693 and other forms.
I have to apply for I140 aswell.

Before applying for I140 is there any thing specific to substitute the successor's name or any thing related to the new benificiary, or will one be filing for I140 directly along with the I485/EAD/AP.

Appreciate your help on this matter.

Thanks
gottagc

gc2005
05-31-2007, 01:10 PM
Hi All

I am in the process of taking a LC substitution. What are the processes involved.

The attorneys have sent me the I485/I325A/I693 and other forms.
I have to apply for I140 aswell.

Before applying for I140 is there any thing specific to substitute the successor's name or any thing related to the new benificiary, or will one be filing for I140 directly along with the I485/EAD/AP.

Appreciate your help on this matter.

Thanks
gottagc

I also need help with same situation. Can someone please explain what is the process of labor substitution. The employer who has the substitute labor keeps saying they need to get approval before filing 1-140 and this usually takes a week.
For what is this approval? and who does it come from- DOL?

As gottagc asked, can someone answer - Before applying for I140 is there any thing specific to substitute the successor's name or any thing related to the new benificiary, or will one be filing for I140 directly along with the I485/EAD/AP.

Please HELP advise!

mrsr
06-06-2007, 12:36 PM
Hi everyone,

I will be applying with a substitute labour and at present the original labour certificate seems to be misplaced , is it possible to apply for i140 with a request of duplicate labour .

please guide me how to proceed .

peer123
06-08-2007, 07:47 AM
I have I140 substitution from my own company. It is recently apporved. The prority date was in sept 2002. I want to apply 485, is it must for me to wait for I140 approval notice. It seems some time the USCIS changes these labor priority dates, so I am having to wait until I get the Approval Notice. Is there any other way say by calling USCIS what priority date was given to us.

milind70
06-08-2007, 08:34 AM
I have I140 substitution from my own company. It is recently apporved. The prority date was in sept 2002. I want to apply 485, is it must for me to wait for I140 approval notice. It seems some time the USCIS changes these labor priority dates, so I am having to wait until I get the Approval Notice. Is there any other way say by calling USCIS what priority date was given to us.

Usually the PD is the date of filing of the labour (in your case Sept 2002),
i would suggest you to wait till u get the 140 approval notice as that will exactly tell you what you priority date.

peer123
06-08-2007, 08:48 AM
Usually the PD is the date of filing of the labour (in your case Sept 2002),
i would suggest you to wait till u get the 140 approval notice as that will exactly tell you what you priority date.


can we cal USCIS to check priority date?

Honda
06-08-2007, 12:54 PM
can we cal USCIS to check priority date?

Hi Peer

My employer got the approval notice from USCIS with in one week. He send me the copy also. my I140 submitted date is 09/25/07. approved on 05/22/07.
Please check with employer/lawyer did they get the approval notice or not?

eb2waiter
06-08-2007, 01:00 PM
Line jumpers...
Shame on you...

tempgc
06-08-2007, 04:48 PM
Hi
I have a situation.
I work for Company A. I have my I140 Approved in EB2 with PD Apr 07. My company is ready to give me Pre-Approved Labor in EB3 with PD Jan 2004.
I want help in understanding the
1. Can I get the PD Jan 2004 under EB2 category (If I file the I140 with the Pre-Approved EB3 and port the PD to already approved I140 EB2)
2. If above answer is true, can I go ahead with concurrent filing i.e file I140 and I485 together as the PD is current.

Appreciate your knowledge.

ksach
06-08-2007, 04:54 PM
I am in the same boat and hence would really appreciate any replies.
few more questions in addition to what tempgc has stated.

1. if the labor substitution gets rejected, what happens to the earlier labor and 140 filed (under EB2). In my case the labor being substituted is from the same company that filed my labor and 140.

regards,
ks


Hi
I have a situation.
I work for Company A. I have my I140 Approved in EB2 with PD Apr 07. My company is ready to give me Pre-Approved Labor in EB3 with PD Jan 2004.
I want help in understanding the
3. Can I get the PD Jan 2004 under EB2 category (If I file the I140 with the Pre-Approved EB3 and port the PD to already approved I140 EB2)
2. If above answer is true, can I go ahead with concurrent filing i.e file I140 and I485 together as the PD is current.

Appreciate your knowledge.

cygent
06-08-2007, 05:19 PM
-> 7th yr. extension H1B expiring July 30th, 2007
-> I-140 being filed PP next week (LC filed 03/24/2005 EB3)
-> My company is closing down coz the owner just went psycho mental :rolleyes: She is an unmarried 35+ woman. Nobody wants to take on the mess
-> Please send me PM if an of you can help with my situation
-> I have already sunk $10000 into GC process with this company
-> I work as a QA Analyst & have an M.S. in Engineering from the U.S.
-> Any feedback/suggestions are welcome & appreciated from IV

Gracias!

starscream
06-08-2007, 05:38 PM
Please Contribute To The Funding Drive. Please Paste Your Contributions On The Funding Drive Thread So Iv Can Keep Count

Thanks

mmanurker
06-12-2007, 08:39 PM
Hi All,

My Labor got approved and I wanted to file 140 Premium Processing but our attorney has said that they did not get my original labor from DOL so they cannot file under PP instead they filed for regular 140 along with letter asking for a copy of original labor to be send to them so that they can upgrade to PP. Did anyone else faced such a issue of not getting the original labor?

My details:
EB3 - India
PD: Dec'2003
Labor Approved: Dec'2006
Applied 140 regular on March 22nd(Nebraska)

THanks,
MM

Rastogi
06-22-2007, 08:52 PM
If my company is able to provide a substituiton with a better priority date (difference of about 1.5 years from the original I-140), is it advisiable to go with the substitution ro stick to the original I-140 for filling the I-485 in July. The point is the priority date may again go into retrogration. I can again the advantage of substitution. But there is srisk of reject as well. Sticking to original I140, chances of reject is less, but if the priority date goes into retrogration, it may take years to get I-485 approve. Suggestions?

onemorecame
07-05-2007, 12:04 PM
I have been offered a pre approved labor from a company. My sixth year expires next year in July. I have to transfer my h1 quickly to get benefit of that pre approved labor. EB3 level.
Please tell me if this is possible anymore, and if it is, what should I watch out for.
Help me out please.....
I know the comapny name which cheating the people and not giving labor after H1 transefer so if you want to know the name then just ping me

gimme_GC2006
07-05-2007, 02:33 PM
I know the comapny name which cheating the people and not giving labor after H1 transefer so if you want to know the name then just ping me
why dont you post here..so that all people will know and stay away from them??

beauty123
07-05-2007, 08:21 PM
Thank you all for this valuable thread!


__________
Defibrillators (http://www.top-10-business.com/top/6829-defibrillators.html)

ron12
07-11-2007, 09:29 AM
True statement about desi companies abusing subsititution of approved labor my ex employer contacted me and tried to sell me same for $15000 and I wanted to file an complain against him but did not get any response from any federal agency or authority. I wish there was some kind of police dept or something like that who would punish these suckers. I hate them.

gc_lover
07-11-2007, 09:36 AM
We came across your resume online.

We have a pre approved labor which may be a fit for your background. If interested, please send your resume in word format and if eligible and interested by both, you may be able to file I-140 immediately. Since you came up on a search that was conducted at high level, we need to take a look at your background before we decide if you will be a match for the same. We are looking for someone who can join us in order to avail this opportunity.

If you are not in need of this and know of someone with your background, please pass this on to them. Please avoid phone calls and contact by e-mail.

SAFI
V-Soft Consulting Group, Inc.
12305 Westport Road, Suite 110 Louisville, KY 40245
Phone: 502.425.8425 Ext:145
Fax: 502.412.5869
safi@vsoftconsulting.com
http://www.vsoftconsulting.com


+++++++++++++++++++++++++++++++++++++++++++++++++

LC sub is going to end and these people are still trying to make money like nothing is going to happen.
Stay away from them!

murali77
07-16-2007, 03:50 AM
Good bye LC substitution. I am so happy for all of us and from today there is no Desi company's LC sub trap. Woooooo .. Hooooooo
Murali

sunny1000
07-16-2007, 03:58 AM
True statement about desi companies abusing subsititution of approved labor my ex employer contacted me and tried to sell me same for $15000 and I wanted to file an complain against him but did not get any response from any federal agency or authority. I wish there was some kind of police dept or something like that who would punish these suckers. I hate them.

Talk to the U.S Attorney's office in your district. You can contact them using the Justice Department's website:

http://www.justice.gov/usao/offices/index.html

jasse_r
07-18-2007, 11:57 AM
Hi,

I just filed my I-140 (substitution labour of 2005 Dec) last week and have not received the receipt number yet. Is it possible to file I-485 without the I-140 receipt.

Please respond.

gcphul
07-19-2007, 10:59 PM
guys

is there any way we can find I-140 is premium or normal by looking at I-140 receipt number? Boz my compnay said they did its premium, and almost 3 months no result yet. I dont trust my desi company.

thx

Hassan11
09-07-2007, 12:27 PM
Hi

I have a question regarding an appeal I did a year ago for a rejected LC.

I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks