drirshad
07-03 06:27 PM
Wish the Senators a Happy Independence Day in the mail ....
Lets go guys its time to fill up those emails and fax machines .....
Lets go guys its time to fill up those emails and fax machines .....
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nixstor
07-03 08:35 PM
Can IV try for a Bridge Legislation ...................
Tuesday, July 03, 2007
Bridge Legislation Update
HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.
If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).
The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.
Lobbyists are working 24/7. Are you kidding me?
My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.
Tuesday, July 03, 2007
Bridge Legislation Update
HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.
If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).
The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.
Lobbyists are working 24/7. Are you kidding me?
My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.
pbuckeye
07-30 03:06 PM
After reading so many cold calling failures, I am yet to see a "success story" of this methodology.
If nobody got "converted" after being approached by a total stranger in a public place, why does BWW/Quixstar/Amway continue to do it.
Perhaps we should ask Q/Teddy to collect this data, analyze it and prove to them the futility of it all. Maybe then they will stop and everybody can shop/work/study in peace. :D
If nobody got "converted" after being approached by a total stranger in a public place, why does BWW/Quixstar/Amway continue to do it.
Perhaps we should ask Q/Teddy to collect this data, analyze it and prove to them the futility of it all. Maybe then they will stop and everybody can shop/work/study in peace. :D
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jayus2k
12-13 11:46 AM
We don't have to discuss with lawmakers. The congress can pass any law and the law will be implemented as long as the courts decide it is not constitutional.
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
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krishmunn
07-27 01:51 PM
What has EB5 to do with amway?
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
Sure EB5 has to do. The Amwayers and Quicksteres claim to have entrepreuners and also claim to make millions (just like you are on your way to make millions). These are the two things required to get a GC in EB5. So if you are just reacing millions you should definitely plan for EB5 GC freeing up one valuable EB3 spot :rolleyes:
but atleast I have something to fall back to if I loose my job. Do you?
Sure I do. I have my savings and investment I am making on certifications and training to fall back on . It is rather you who will not just loss your shirt on this Amway business but will be deported for illegal and unauthorized employment. (Refer to MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html))
BTW, I have nothing to say on your business model or your gaining/losing money on it as long as Amway folks do not keep pestering me to join to their cult.
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
Sure EB5 has to do. The Amwayers and Quicksteres claim to have entrepreuners and also claim to make millions (just like you are on your way to make millions). These are the two things required to get a GC in EB5. So if you are just reacing millions you should definitely plan for EB5 GC freeing up one valuable EB3 spot :rolleyes:
but atleast I have something to fall back to if I loose my job. Do you?
Sure I do. I have my savings and investment I am making on certifications and training to fall back on . It is rather you who will not just loss your shirt on this Amway business but will be deported for illegal and unauthorized employment. (Refer to MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html))
BTW, I have nothing to say on your business model or your gaining/losing money on it as long as Amway folks do not keep pestering me to join to their cult.
stupendousman11
09-12 05:48 PM
Here's my situation:
- H1B visa in the 6th year
- I140 approved
- I485 applied July 2 '07
- EAD and AP available
I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:
1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
2. How long do I have after Sept30 to find and job and retain my H1 status?
3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?
Thanks.
- H1B visa in the 6th year
- I140 approved
- I485 applied July 2 '07
- EAD and AP available
I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:
1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
2. How long do I have after Sept30 to find and job and retain my H1 status?
3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?
Thanks.
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vxg
06-04 11:44 PM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
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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mps
08-18 06:46 PM
he should be thankful to Indian Embassy... just imagine what would have happened to him if he was from a country west of India :-)
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rishimehta
09-12 05:25 PM
I worked for the company X for 5 Years . During this period My labor was approved in PERM in EB3 PD 05/15/2006. My I - 140 was alos approved Sep 2006 in EB3. I left the company X & started to work for another technology company Y. In July of 2007, I applied for the I-485 via Company X based on Future employment. I-485 is pending since July 2, 2007. Also applied for EAD & Advance parole which latter got approved. Meanwhile, I have an old labor pending with Company X which got approved with PD of Jan 23, 2003 in EB 2 Category. Company X applied for I-140 based In EB2 PD Jan 2003. This I -140 got approved in May 2008. Company X requested Interfiling with USCIS. Meanwhile I Changed jod & started working for company Z with H1B Transfer.
Here are my questions:
Can I revoke AC21 with my new company Z?
What happens if Company X closes before my I-485 is approved or an RFE is received.
What should I do to minimize risk in getting Green card. Note that Company X is not in a very Good financial position currently.
Your response is aapprciated.
Here are my questions:
Can I revoke AC21 with my new company Z?
What happens if Company X closes before my I-485 is approved or an RFE is received.
What should I do to minimize risk in getting Green card. Note that Company X is not in a very Good financial position currently.
Your response is aapprciated.
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snathan
01-15 03:16 PM
Is IV fighting for all of us on this?
People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?
You step up do something...rather than wasting time.
People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?
You step up do something...rather than wasting time.
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at0474
12-14 05:06 PM
I find it abominable that there are still some humans(?) left in this century who want special benefits based on their race and country-of-origin in this 21st century !
It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !
Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?
It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !
Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?
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freedom_fighter
01-15 04:00 PM
No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.
I agree, but its sort of v late. We know, i dont know want to name but majority of the people come from one particular state, and most cases of fraud/body shops are from them. They are all settled since the the Y2K era, even though they never deserved on merit basis.
Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.
I agree, but its sort of v late. We know, i dont know want to name but majority of the people come from one particular state, and most cases of fraud/body shops are from them. They are all settled since the the Y2K era, even though they never deserved on merit basis.
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illusions
05-11 05:05 PM
Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.
my bad, what i meant was war. Jerrome that reports is one sided, bias and is opinionated.
my bad, what i meant was war. Jerrome that reports is one sided, bias and is opinionated.
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TeddyKoochu
07-22 12:49 PM
I had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Thanks Rohan, Iam glad that we clarified the mis-understanding and that I have not lost a good friend due to some confusion. I have not given any red dots for any of your posts rest assured.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Thanks Rohan, Iam glad that we clarified the mis-understanding and that I have not lost a good friend due to some confusion. I have not given any red dots for any of your posts rest assured.
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ufo2002
05-11 02:04 PM
I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.
I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
Just my $0.02.
Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.
I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
Just my $0.02.
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John333
07-15 06:40 AM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
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snathan
01-16 07:20 PM
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
We need to come up with a road map and how to fight?
NB: I am not a specialist in law
We need to come up with a road map and how to fight?
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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.
hairstyles %IMG_DESC_11%
sodh
11-10 01:55 AM
Just my thoughts its okay for companies to use preapproved labor of the enployees who are no more with them ,but what about employees who have worked with them for many years and when the time comes to file the employees I-140, either the the employee is layed off, or they file I-140 application with important documents missing resulting in RFE, no way of knowing whether your experience letters, your evaluation certificate with the evaluators credentials were ever submitted.(Ganda hai per dhanda hai ye).
ebizash
07-27 01:15 PM
What has EB5 to do with amway?
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...
I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...
May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...
I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...
This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..
Good luck!
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...
I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...
May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...
I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...
This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..
Good luck!
amsgc
12-13 10:40 PM
I advocate talking to policymakers, writing to them, and calling in on any talkshow on the radio/tv - where ever there is an opportunity.
I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
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