alterego
12-14 01:33 PM
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
wallpaper 4th of July Cupcakes
Macaca
02-19 10:59 AM
Now is the time to donate money, a little bit of your time, a little effort to contact your lawmakers....
You better start donating NOW
The following meanings are from Meriam-Webster online dictionary (http://www.m-w.com/dictionary/).
Meaning of donate (http://www.m-w.com/dictionary/donate): to make a gift of; especially : to contribute to a public or charitable cause.
Meaning of contribute (http://www.m-w.com/dictionary/contribute): to give or supply in common with others <contribute money to a cause>
a : to give a part to a common fund or store <contribute to a fund-raising campaign>
b : to play a significant part in bringing about an end or result <many players have contributed to the team's success>
By giving money to IV you are contributing (= helpting yourself) NOT donating (= helpfing someone else).
You better start donating NOW
The following meanings are from Meriam-Webster online dictionary (http://www.m-w.com/dictionary/).
Meaning of donate (http://www.m-w.com/dictionary/donate): to make a gift of; especially : to contribute to a public or charitable cause.
Meaning of contribute (http://www.m-w.com/dictionary/contribute): to give or supply in common with others <contribute money to a cause>
a : to give a part to a common fund or store <contribute to a fund-raising campaign>
b : to play a significant part in bringing about an end or result <many players have contributed to the team's success>
By giving money to IV you are contributing (= helpting yourself) NOT donating (= helpfing someone else).
Canuck
02-14 01:10 PM
I understand the mood among fellow Indians , due to substantial dates movement for ROW but it dint move enough for India. Lets take the high road and stop bickering among ourselves and lets get back to the Action Item which needs to be done.
You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".
You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".
2011 /Fourth-of-July-cupcake-
hydboy77
06-01 12:28 PM
You are 100% correct, all this pre-adjudication is a nonsense, knowing how uscis does things does anybody believe USCIS will not issue EVL in future, offcourse they will, how else can they justify there existence to continue recieving there salaries and pensions. This is such a joke, the whole idea of pre adjudicating would be that all the processing is done and when the date becomes current they can just pick the file and assign the visa number and issue the green card. But they will not do that, they will tinker with the application and issue an Employment verification letter, they will redo background check, they will ask for finger prints again........unending nightmare, I am not being synical just telling from past USCIS actions.
If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.
So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. 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.
Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.
So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. 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.
Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
more...
mundada
07-10 11:32 AM
Best Wishes!
gc_dream2009
01-13 02:40 PM
I completely agree with amitjoey and willigetgc.
Blaming IV on one hand for the lack of enthusiasm and support from EB3 community and on the other hand - for a stand-still in the Congress when it comes to EB specific bills/laws is inappropriate. And then asking IV to drum up a fake EB3 relief measure to encourage this community is a disastrous way to go.
I recently spoke with one of the admins (reached via contacts page) who gave a very realistic view of how things stand in the Congress and otherwise...and I truly encourage other members to talk to the right folks to get facts rather than getting misled by pure rhetoric. I trust that IV core advocacy wil identify the right bills/legislations to push for and hopefully regional grass-roots members will support those efforts. This Diversity bill might prove to be good practice but we should not have any false hopes. it just gives us another reason to blame IV later on - and IV is the only true platform we have.
Other than that let me just paste the following I wrote on another thread in response to Plainspeak's approach -
You do not represent my opinions. So please stop advocating yourself as an EB3 representative. With the points you have raised and the negative vibes you have created between EB2 vs EB3, you have shown that you are concerned and frustrated only about your own personal GC situation and are trying to use the EB3 tag to shove it down my throat. Which I completely detest.
Let me see if I understand PlainSpeak's language:
1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)
3. An exercise to gain trust by misleading!:D
I wonder why IV core did not come up with this brilliant idea ;)
Blaming IV on one hand for the lack of enthusiasm and support from EB3 community and on the other hand - for a stand-still in the Congress when it comes to EB specific bills/laws is inappropriate. And then asking IV to drum up a fake EB3 relief measure to encourage this community is a disastrous way to go.
I recently spoke with one of the admins (reached via contacts page) who gave a very realistic view of how things stand in the Congress and otherwise...and I truly encourage other members to talk to the right folks to get facts rather than getting misled by pure rhetoric. I trust that IV core advocacy wil identify the right bills/legislations to push for and hopefully regional grass-roots members will support those efforts. This Diversity bill might prove to be good practice but we should not have any false hopes. it just gives us another reason to blame IV later on - and IV is the only true platform we have.
Other than that let me just paste the following I wrote on another thread in response to Plainspeak's approach -
You do not represent my opinions. So please stop advocating yourself as an EB3 representative. With the points you have raised and the negative vibes you have created between EB2 vs EB3, you have shown that you are concerned and frustrated only about your own personal GC situation and are trying to use the EB3 tag to shove it down my throat. Which I completely detest.
Let me see if I understand PlainSpeak's language:
1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)
3. An exercise to gain trust by misleading!:D
I wonder why IV core did not come up with this brilliant idea ;)
more...
sanjay
03-27 12:01 PM
One idiot without giving him name in comments started abusing in Hindi language.
Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.
And just don't give red " just for the sake of giving it make you feel happy ".
Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.
And just don't give red " just for the sake of giving it make you feel happy ".
2010 4th of July Fireworks Cupcakes
jsb
06-04 01:17 PM
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
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gvenkat
02-13 02:42 PM
What ever gave you the idea that EB ROW only wait for 3 years?
i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...
i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...
hair July 4th Cupcake Decorating
Rohan99
07-26 01:33 PM
^^^^^^
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smuggymba
07-26 02:52 PM
This is a funny thread. My first exp with an Amway stalker was bad but after that I learned to say NO and it's funny when I ask ppl - Why do you need my fone number? Are u from Amway.........just look at their faces then..it's sooo funny.
hot 2010 *Fourth Of July Cupcakes
Macaca
01-16 11:58 AM
Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us.
Nearly all laws/regulations originate from such garbage.
Hira/Matloff's US born donkeys scavange these blogs 24/7. Some of these scavengers are hired.
The garbage is then processed by Hira/Matloff.
The processed garbage is passed to Dustbin/Grassley/Sanders and Herbst/Thibodeau. Herbst/Thibodeau print this garbage after adding sleaze (curry, slumdog, ...) and generalizing to all Americans. They pre-inform these (less then 10) donkeys who add more garbage within an hour and continue with distinct names. They block everyone out to give the impression that these are mainstream American opinions.
Then, Dustbin/Gr assley/Sanders propose laws and USCIS makes regulations claiming all Americans are severly impacted.
There is no problem if it true. But 80% is complete garbage.
The 20% truth is a personal problem. It does not require a law/regulation - specially, a law/regulation to kill the entire system backdated for 10 US born donkeys.
This is also the story of the Dustbin/Gr ass ley curry bill (in CIR 2010).
Hira/Matloff have lied their ass off. At every level!
It is very unfortunate that USICS/lawmakers (other than Dustbin, Grassley, Sanders) pander to these scumbags. Such laws/regulations will not provide any relief to these donkeys.
Nearly all laws/regulations originate from such garbage.
Hira/Matloff's US born donkeys scavange these blogs 24/7. Some of these scavengers are hired.
The garbage is then processed by Hira/Matloff.
The processed garbage is passed to Dustbin/Grassley/Sanders and Herbst/Thibodeau. Herbst/Thibodeau print this garbage after adding sleaze (curry, slumdog, ...) and generalizing to all Americans. They pre-inform these (less then 10) donkeys who add more garbage within an hour and continue with distinct names. They block everyone out to give the impression that these are mainstream American opinions.
Then, Dustbin/Gr assley/Sanders propose laws and USCIS makes regulations claiming all Americans are severly impacted.
There is no problem if it true. But 80% is complete garbage.
The 20% truth is a personal problem. It does not require a law/regulation - specially, a law/regulation to kill the entire system backdated for 10 US born donkeys.
This is also the story of the Dustbin/Gr ass ley curry bill (in CIR 2010).
Hira/Matloff have lied their ass off. At every level!
It is very unfortunate that USICS/lawmakers (other than Dustbin, Grassley, Sanders) pander to these scumbags. Such laws/regulations will not provide any relief to these donkeys.
more...
house Cupcake Wrappers for 4th of
viva
01-29 02:51 AM
pappu- i got the message. sorry, if i became overzealous. just wanted to help iv...
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
tattoo Woman Holding Fourth of July
GCA
08-17 01:47 PM
Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.
So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?
The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.
There could be several reasons for people coming here. But most and primary reason is making some quick money and returning back. And a good portion of that money goes back to our motherland to prosper. People didn't flee the country. They flew out of the country because their skills are valued more elsewhere - its simple demand supply economics that made/makes our skills more valued outside - I don't want to eloborate more and hurt someone which definitely wasn't the intention.
IF we are after the GC, its purely for the mobility and assurity it provides and not for the path to citizenship. Though most of them want to return back, we still want the GC so we call the shots and not the INS. Long story short, no one is a traitor. They are just common 'smart' people - yah, they are common from the land we come from.
So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?
The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.
There could be several reasons for people coming here. But most and primary reason is making some quick money and returning back. And a good portion of that money goes back to our motherland to prosper. People didn't flee the country. They flew out of the country because their skills are valued more elsewhere - its simple demand supply economics that made/makes our skills more valued outside - I don't want to eloborate more and hurt someone which definitely wasn't the intention.
IF we are after the GC, its purely for the mobility and assurity it provides and not for the path to citizenship. Though most of them want to return back, we still want the GC so we call the shots and not the INS. Long story short, no one is a traitor. They are just common 'smart' people - yah, they are common from the land we come from.
more...
pictures 4th of July Cupcakes
ashutrip
06-26 01:57 PM
out of context...but do u think dates will be current in august and sept...
My labor in Atlanta....dont see it getting certified B4 August:( :(
My labor in Atlanta....dont see it getting certified B4 August:( :(
dresses Frost cupcakes, add some
looivy
03-27 02:35 PM
Your party has to win first before you can become a PM. Right???
How do you know that any of these guys will be a PM before their party wins. This is not Indian PM Idol.
How do you know that any of these guys will be a PM before their party wins. This is not Indian PM Idol.
more...
makeup at 4th of July cupcakes.
bitu72
10-18 02:18 PM
i have sent my application last friday.
Any idea how many months its taking nowaday for complete process - whatever it is its much better than what we have here.
i see lot of people with PR.can you guys post some of you thoughts and experience regarding jobs in canada. are u guys getting any offere while staying here.
Any idea how many months its taking nowaday for complete process - whatever it is its much better than what we have here.
i see lot of people with PR.can you guys post some of you thoughts and experience regarding jobs in canada. are u guys getting any offere while staying here.
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rajsenthil
05-01 05:43 PM
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I did not travel to SL but had one my classmate from SL. He is an SL Tamilian and joined me in my school. His parents were taken for interogation and they never returned. Father was killed during interogation and mother died in between the clash. He was bundled in the truck by his neighbor and shifter to India. I dont believe that SL Tamils are treated equally. I really hope that there would be an end to their sufferings. It is unfair to make an incorrect statement. Their own Army Chief Pon Sekara made a open statement that the SL Tamils has to live like a secondary citizens. When thousands of innocent people are dying and trying to justifying is equal to committing the murder.
The blunder LTTE did is assassinating Rajiv Gandhi. But again Indira Gandhi was assasinated. Even the SL PM Rajapakse assassinated the editor who has written a column about the civilians sufferings.
I accept that terrorism is not the solution. It is easy to tell that way from a safe place and hidden from the truth.
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I did not travel to SL but had one my classmate from SL. He is an SL Tamilian and joined me in my school. His parents were taken for interogation and they never returned. Father was killed during interogation and mother died in between the clash. He was bundled in the truck by his neighbor and shifter to India. I dont believe that SL Tamils are treated equally. I really hope that there would be an end to their sufferings. It is unfair to make an incorrect statement. Their own Army Chief Pon Sekara made a open statement that the SL Tamils has to live like a secondary citizens. When thousands of innocent people are dying and trying to justifying is equal to committing the murder.
The blunder LTTE did is assassinating Rajiv Gandhi. But again Indira Gandhi was assasinated. Even the SL PM Rajapakse assassinated the editor who has written a column about the civilians sufferings.
I accept that terrorism is not the solution. It is easy to tell that way from a safe place and hidden from the truth.
hairstyles Fourth of July Cupcake
jonty_11
02-15 04:06 PM
Guys, we have other important things at hand. Lets work on letter campaign and making ppl aware of it. There is no point in these discussions, we need to attack the problem at its core.!!!!!
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.
vinzen
08-18 11:20 PM
Oh... finally!
Welcome to IV
There is nothing special that you have written up there in your post. This is just normal stuff that most EB folks on this forum does. Why do you have to write such obvious things? You may agree or disagree with member's opinion but its sounds very naive to preach to this community about normal life.
Its apparent from post that you think the members other than yourself live a lower than average life? :D I guess you are mistaken.. Keep reading posts and you will eventually get to know better..
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
Welcome to IV
There is nothing special that you have written up there in your post. This is just normal stuff that most EB folks on this forum does. Why do you have to write such obvious things? You may agree or disagree with member's opinion but its sounds very naive to preach to this community about normal life.
Its apparent from post that you think the members other than yourself live a lower than average life? :D I guess you are mistaken.. Keep reading posts and you will eventually get to know better..
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.