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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #61  
Old 04-14-2009, 11:02 PM
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snathan,

Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.

Following link suggest that labor substitution should not grant PDs.

http://www.greencardapply.com/news/news05/news05_0308.htm

Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?

You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
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  #62  
Old 04-15-2009, 01:21 AM
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Cool

This is the only link that spots to this I have seen this earlier Not sure how reliable this is ? What is the need of any sublabor demand ( per direction of this thread?) if they just retain 140 date ? There would no need in first place for any one to use it .

Here is what i found on USCIS website Posted after 7/2007.. btw this is quoted in Labor sub case.

"The petitioner must establish that its ETA 750 job offer to the beneficiary is a realistic one. A petitioner's filing of an ETA 750 labor certification application establishes a priority date for any immigrant petition later filed based on the approved ETA 750. The priority date is the date that Form ETA 750 Application for Alien Employment Certification was accepted for processing by any office within the employment service system of the Department of Labor. See 8 CFR 5 204.5(d)."

http://www.uscis.gov/err/B6%20-%20Sk...07_10B6203.pdf

Quote:
Originally Posted by rajuseattle View Post
snathan,

Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.

Following link suggest that labor substitution should not grant PDs.

http://www.greencardapply.com/news/n...ews05_0308.htm

Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?

You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
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Last edited by bigboy007; 04-15-2009 at 01:28 AM.
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  #63  
Old 04-15-2009, 02:21 AM
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Quote:
Originally Posted by bigboy007 View Post
What is the need of any sublabor demand ( per direction of this thread?) if they just retain 140 date ? There would no need in first place for any one to use it.
The intent of a subst labor was to save the company time and money for obtaining another labor for the same position in case the original beneficiary drops out. Remember, labor was a company petition, not employee petition. The companies still would have wanted it even if it does not retain its original PD.

The basic thrust behind the idea of changing the rules of PD allocation for subst cases is to push forward PD to july 07 level. Most of the subst happened in that month. we are not asking subst labor folks to quit the queue, just asking them to move behind.
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  #64  
Old 05-10-2009, 04:08 PM
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Default Reviving an old thread..

I am reviving this old thread because it was created by me, and it is highly relevant now. I predicted last month that EB2-I will become "U" soon, and it has happened (almost).

The quick way out of this mess is to ask CIS to move subst labor folks back in the queue. That will ensure that both EB3-I and EB2-I will move forward to July 07. Most of the labor substitution took place in that month itself.

This is an admin fix and does not require any new legislature. This is an idea whose time has come.

Quote:
Originally Posted by antihero View Post
The intent of a subst labor was to save the company time and money for obtaining another labor for the same position in case the original beneficiary drops out. Remember, labor was a company petition, not employee petition. The companies still would have wanted it even if it does not retain its original PD.

The basic thrust behind the idea of changing the rules of PD allocation for subst cases is to push forward PD to july 07 level. Most of the subst happened in that month. we are not asking subst labor folks to quit the queue, just asking them to move behind.
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  #65  
Old 05-10-2009, 05:22 PM
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Immigration Voice should take up this issue with USCIS. Those who came to US after 2007 should get PD of the date they applied for transfer of Labor OR applied for 140. Other wise it is abuse of law.

Quote:
Originally Posted by potatoeater View Post
I am reviving this old thread because it was created by me, and it is highly relevant now. I predicted last month that EB2-I will become "U" soon, and it has happened (almost).

The quick way out of this mess is to ask CIS to move subst labor folks back in the queue. That will ensure that both EB3-I and EB2-I will move forward to July 07. Most of the labor substitution took place in that month itself.

This is an admin fix and does not require any new legislature. This is an idea whose time has come.
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  #66  
Old 05-10-2009, 05:52 PM
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Dont shoot in the dark without knowing the facts.
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  #67  
Old 05-10-2009, 06:18 PM
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Default so now another division in the making

Here comes this potatoeater asking for another division based on substitution labor folks and non-substitution folks.
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  #68  
Old 05-10-2009, 06:29 PM
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Folks, which part of staying united aren't we understanding? What is the point in reviving old issues? BTW, I do not have a substituted labor or haven't ported from EB-3 to EB-2. As long as we keep these divisive issues at the forefront, it will be tough for us to rise as one 'united' force to tackle the 'real' issues that the highly skilled community is facing. Let's focus on IV's agenda and that will help us to achieve what we all are aiming for - a GC. Shun issues that will help 'me', rather focus on issues that will help 'us'.
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  #69  
Old 05-10-2009, 07:10 PM
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Default

Quote:
Originally Posted by krupa View Post
Immigration Voice should take up this issue with USCIS. Those who came to US after 2007 should get PD of the date they applied for transfer of Labor OR applied for 140. Other wise it is abuse of law.
Well Said...
Is there any agenda from IV core on this issue.
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  #70  
Old 05-10-2009, 09:39 PM
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Default

<potatoeater quote>
I predicted last month that EB2-I will become "U" soon, and it has happened (almost).
</quote>
Congratulations. You have done a great job. The dos is not able to predict the future dates of bulletins. You are able to predict it. Can you give some guidence for next couple of years? That will be lot helpful to immigration community.


<krupa quote>
Immigration Voice should take up this issue with USCIS. Those who came to US after 2007 should get PD of the date they applied for transfer of Labor OR applied for 140. Other wise it is abuse of law.
</quote>
Those who came after 2005 and who got green cards should be revoked and assign pds so that who came earliar should get green card first.


<zram1977 quote>
Well Said...
Is there any agenda from IV core on this issue.
</quote>
Is there any agenda from IV core on the issue of, " I Pallavi, should get visa" )

Guys. Immigration reforms are going on. participate on those instead of digging something happened while ago.
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  #71  
Old 05-10-2009, 11:54 PM
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Default My purpose of keeping this thread alive is simple...

I just want to generate enough internet chatter so that the issue of substitute labor will come on CIS radar. I know for sure that a huge fraud was perpetrated during July 07 fiasco by some unscrupulous consulting companies who sold pre-approvevd labors like frozen pizzas. Just heat and eat.

And I also know for sure that IV has gained enough publicity that CIS folks might be tempted to check it now and then. May be they will take notice of this thread and start investigation of all the subst labors.

I surely am pissed as hell on somebody who came to this country in 2007, and got his/her GC by paying money for some 1999 pre approved labor. I will fight on.
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  #72  
Old 05-11-2009, 12:00 AM
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Default

Didn't this already addressed by law? Substitute labor is a "stopped" deal. Whatever left is the "que" is old mess, which will be cleared out eventually. Is there a better suggestion you have to clean the old mess?
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  #73  
Old 05-11-2009, 12:34 AM
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Default

Quote:
Originally Posted by potatoeater View Post
I just want to generate enough internet chatter so that the issue of substitute labor will come on CIS radar. I know for sure that a huge fraud was perpetrated during July 07 fiasco by some unscrupulous consulting companies who sold pre-approvevd labors like frozen pizzas. Just heat and eat.

And I also know for sure that IV has gained enough publicity that CIS folks might be tempted to check it now and then. May be they will take notice of this thread and start investigation of all the subst labors.

I surely am pissed as hell on somebody who came to this country in 2007, and got his/her GC by paying money for some 1999 pre approved labor. I will fight on.
This is only creating divison and nothing else.
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  #74  
Old 05-11-2009, 12:56 AM
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Default

Quote:
Originally Posted by poorslumdog View Post
This is only creating divison and nothing else.
yes u are right..

pls let's not create another division here and raise voice for admin fixes..
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  #75  
Old 05-11-2009, 12:56 AM
ras ras is offline
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Default before going further

Quote:
Originally Posted by potatoeater View Post
I just want to generate enough internet chatter so that the issue of substitute labor will come on CIS radar. I know for sure that a huge fraud was perpetrated during July 07 fiasco by some unscrupulous consulting companies who sold pre-approvevd labors like frozen pizzas. Just heat and eat.

And I also know for sure that IV has gained enough publicity that CIS folks might be tempted to check it now and then. May be they will take notice of this thread and start investigation of all the subst labors.

I surely am pissed as hell on somebody who came to this country in 2007, and got his/her GC by paying money for some 1999 pre approved labor. I will fight on.
Before creating further rifts first fill in your profile and then blabber...
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