mbawa2574
02-15 04:44 PM
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
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chanduv23
08-15 11:39 PM
Wow what a good definition for a terrorist...can we let him go free? Ask the people who lost their loved ones. Try the same with Soudi Arabia or anyother Arab countries.
Yes, ofcourse he is a demon. There are hundereds of thousands of people are dying without food. Not everyone is taking the arms and killing innocent people. He is a fanatic. He deserves nothing less than death. He should be cut into pieces and should be a lesson for other terrorist.
Ok, if Kasab is cut into pieces - it does not help in anyway. Kasab is a "reqruit" and personally does not have a give/take on this.
Yes, ofcourse he is a demon. There are hundereds of thousands of people are dying without food. Not everyone is taking the arms and killing innocent people. He is a fanatic. He deserves nothing less than death. He should be cut into pieces and should be a lesson for other terrorist.
Ok, if Kasab is cut into pieces - it does not help in anyway. Kasab is a "reqruit" and personally does not have a give/take on this.
thecipher5
04-23 09:52 AM
Suresh,
I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
thecipher5
I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
thecipher5
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SDdesi
07-28 08:17 PM
I still believe in EB2 will try to catch up current by next October.
My analysis shows a similar result although it could be off by about 6 months. I was a little surprised to see a dip in LC approvals in 2005 and there was a recent news report that 2008 also shows a similar dip indicating the declining incentives to keeping jobs/people here. If the current trend continues, we should see more visas available for the backlog reduction and more GC approvals should come in 2H09.
My analysis shows a similar result although it could be off by about 6 months. I was a little surprised to see a dip in LC approvals in 2005 and there was a recent news report that 2008 also shows a similar dip indicating the declining incentives to keeping jobs/people here. If the current trend continues, we should see more visas available for the backlog reduction and more GC approvals should come in 2H09.
more...
amitjoey
01-13 12:24 PM
Members: Please - refrain from fighting about EB3/EB2.
IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.
The goal is for zero backlog -Then where is the question of EB3 lagging behind.
IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.
IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.
The goal is for zero backlog -Then where is the question of EB3 lagging behind.
IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.
trramesh
06-15 11:00 AM
For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.
Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.
We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.
The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.
Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.
We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.
The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.
more...
santb1975
02-12 10:56 PM
How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?
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morchu
06-01 12:45 PM
In a way the whole process have no logic.
to list a few......
Companies recruiting for a "permanent job" 10+ years in future !!!
DOL making sure that this 10+ years future job doesn't replace any US citizen !!!
DOL making sure that the salary is good for this "10+ years future job", using the current data.
Ohh... and expecting the person to remain in the same/similar job and not receive much hier salary even after 15 years.
DOS making sure "ethnic mix" by a "country based limit", so if "India" is divided into 100 different small nations, everyone of them will get GC really fast (even though they are all in same ethnic).
These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
to list a few......
Companies recruiting for a "permanent job" 10+ years in future !!!
DOL making sure that this 10+ years future job doesn't replace any US citizen !!!
DOL making sure that the salary is good for this "10+ years future job", using the current data.
Ohh... and expecting the person to remain in the same/similar job and not receive much hier salary even after 15 years.
DOS making sure "ethnic mix" by a "country based limit", so if "India" is divided into 100 different small nations, everyone of them will get GC really fast (even though they are all in same ethnic).
These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
more...
gjoe
02-15 05:06 AM
[QUOTE=hopefulgc;223549]thats bull.... disclosure is not requored.... my dog is a member of six professional canine associations ... does he have to bark it all up.
Are you implying that we are treated like dogs here? If your answer is yes we have a credible case against USCIS. If your answer is no then my friend ( buddy as Indians and pakis say) you have to disclose your associations.
:cool:
Are you implying that we are treated like dogs here? If your answer is yes we have a credible case against USCIS. If your answer is no then my friend ( buddy as Indians and pakis say) you have to disclose your associations.
:cool:
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Macaca
01-16 10:53 AM
Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us.
The funny part is 80-90% is complete garbage.
As one example, my physician aunt while moonlighting (contracting) met another moonlighter (through staffing company) who was paid 100/hour less then her and put in a cheaper hotel/room. And this is 25 years back when there were very few Indians, forget Indian staffing companies.
Will the memo stop company from keeping unknown %? Will the memo stop layers of companies sucking an employee contract?
One truth: Indian employers mistreat their employees. But this is well documented (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/776770-the-yanks-are-coming-5.html#post1141683) and across the board.
I have no problem with any individual but I hate my ex employer and their class (in no uncertain terms).
I was earning for them, but he and his wife used to behave like big boss to me.Why I shed no tears for them.
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.
The funny part is 80-90% is complete garbage.
As one example, my physician aunt while moonlighting (contracting) met another moonlighter (through staffing company) who was paid 100/hour less then her and put in a cheaper hotel/room. And this is 25 years back when there were very few Indians, forget Indian staffing companies.
Will the memo stop company from keeping unknown %? Will the memo stop layers of companies sucking an employee contract?
One truth: Indian employers mistreat their employees. But this is well documented (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/776770-the-yanks-are-coming-5.html#post1141683) and across the board.
I have no problem with any individual but I hate my ex employer and their class (in no uncertain terms).
I was earning for them, but he and his wife used to behave like big boss to me.Why I shed no tears for them.
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.
more...
fairman
08-18 11:25 PM
And which part of india are you from?
Secret.
Secret.
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gc_check
01-13 10:33 PM
The memo certainly appears to make life a lot difficult for genuine LEGAL non-immigrants and future immigrants taking the EB route. No questions, there were many mistakes made in the past, by the so called "Consulting Company's and also the employees/non-immigrants themselves, who willing joined hands with these greedy companies for their own benefits, (Ex. --> Converting H4 -> H1 through the so called startup's, etc.. with false experience, etc) are the cause for all this in a way. USCIS should have a better way to punish these folks, but still they are many many genuine cases, people who have come with real experience from their home countries, people graduated from US Universities and then pursed their career here, etc... should be considered when drafting memo's like this. These people, I am sure are a large percentage here and should not be punished for following every single law and trying to make life better for them and for all. Also, it they make it so difficult for people to come here /work, Well, at least IT/ Software sector is not in the early days any more and this is well matured and BRIC countries have more qualified people getting out of colleges and more experienced people, going back, will do more good for business's already looking to outsource and this would promote more outsourcing and eventually work against the better interest of the citizens.
more...
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Macaca
07-04 11:04 AM
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
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desi3933
07-27 12:20 PM
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
more...
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hiralal
06-02 10:16 PM
DO i = 1 to Infinity:
discuss /* lawsuits, letter campaign etc etc */.
discuss some more.
pessimists dismiss everything. /* start again */
End.
That's all that we do ...the same points again and again ...members get bored and they leave ..if only we were to start having numerous small campaigns !!! at the very least there would be some enthusiasm ..well maybe one day wishes will come true :rolleyes:
for every good point there are 100 naysayers, cynics and pessimists !!
discuss /* lawsuits, letter campaign etc etc */.
discuss some more.
pessimists dismiss everything. /* start again */
End.
That's all that we do ...the same points again and again ...members get bored and they leave ..if only we were to start having numerous small campaigns !!! at the very least there would be some enthusiasm ..well maybe one day wishes will come true :rolleyes:
for every good point there are 100 naysayers, cynics and pessimists !!
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akred
02-15 11:11 PM
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
more...
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ramus
06-28 09:03 PM
totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..
You are right.. there are tons of things important in life then this GC.
Its not about $500.
USCIS and the US government can ask for more money. And we will happily give it to them.
Its about the stability that filing for AOS offers.
But keep in mind, you weren't able to file for AOS in June.
So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.
So it would be best for us to stop torturing our brains.
There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.
You are right.. there are tons of things important in life then this GC.
Its not about $500.
USCIS and the US government can ask for more money. And we will happily give it to them.
Its about the stability that filing for AOS offers.
But keep in mind, you weren't able to file for AOS in June.
So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.
So it would be best for us to stop torturing our brains.
There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.
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whoever
02-15 11:37 AM
hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.
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tikka
07-04 12:18 PM
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
apnair2002
04-29 09:23 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
nixstor
07-03 04:14 PM
Wrote to Jennifer Ludden at NPR who regularly reports on immigration
email addresses are first name initial followed by lastname at npr dot org, if you would like to write
email addresses are first name initial followed by lastname at npr dot org, if you would like to write
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