akkakarla
04-28 04:23 PM
When will they register and when will this abuse of labor sub stop?
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CADude
04-18 02:49 PM
immigration-law.com
04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule
There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule
The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
We stand corrected on this change.
04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule
There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule
The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
We stand corrected on this change.
ita
04-20 02:27 PM
Guys,
Unlike here in U.S people in India don't seem to be aware of what's going on around them.
Please do whatever you can in educating whoever you think would understand you.
Media is not doing the job of carrying news to people , increasing awareness of people.
It's just serving certain elements .
Here's Modi's appeal to NRIs
http://www.youtube.com/watch?v=zvtTZ7B-2pM
Unlike here in U.S people in India don't seem to be aware of what's going on around them.
Please do whatever you can in educating whoever you think would understand you.
Media is not doing the job of carrying news to people , increasing awareness of people.
It's just serving certain elements .
Here's Modi's appeal to NRIs
http://www.youtube.com/watch?v=zvtTZ7B-2pM
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okuzmin
07-10 04:47 PM
Byeusa, the best of luck to you and your family! I'm in the same boat: already approved by Buffalo, just waiting for my second daughter to be born (any time now :)), and we'll be on our way to Canada. We plan to settle in Calgary, but after I've heard of the new MS office in BC, I might seek to go to Vancouver -- the time will tell.
I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.
I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.
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logiclife
06-26 01:41 PM
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?
Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.
These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.
Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?
Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.
These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.
Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
addsf345
05-29 04:21 PM
If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.
Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.
On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.
Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.
On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.
more...
roseball
07-10 11:29 AM
Wish you the very best byeusa......
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
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WaitingForMyGC
07-11 03:22 PM
I have already booked my one way tickets back to India for this December. If my priority does'nt become current by than, I am done here.
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ksvreg
09-24 12:08 PM
Good Question though!
Worried that the data provided is inaccurate. If they provide accurate data (+/- 10%), follow the rules, then we can wait for our dates to turn in for years. But they always do math differently than any one else and move the visa bulletin dates which no one can understand how that was calculated.
Worried that the data provided is inaccurate. If they provide accurate data (+/- 10%), follow the rules, then we can wait for our dates to turn in for years. But they always do math differently than any one else and move the visa bulletin dates which no one can understand how that was calculated.
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jonty_11
10-04 10:54 AM
I have Applied for Canadian PR, got a receipt # back. I want to add my wife now. However, she has a shoplifting incident back in 2001 in Singapore. I know we have to provide Police Cert for Singapore nowadays.
Reading on cic.ga website, they do pardon such offenses in 5 - 10 years depending on seriosness of the offense. ANyone has concrete infomration on this? Would really help is adding my wife on to my appliaction the correct way.
Reading on cic.ga website, they do pardon such offenses in 5 - 10 years depending on seriosness of the offense. ANyone has concrete infomration on this? Would really help is adding my wife on to my appliaction the correct way.
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sanju
09-23 11:07 AM
Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!
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go_guy123
06-15 01:23 PM
I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
Well said pappu....In case 2 of my friends Indian citizens, brought up in India
but were born outside India because their parents were posted there.
Also I know friends whose Labor was processed from "fast" states in 2000 and got there GC by 2003 or so.
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
Well said pappu....In case 2 of my friends Indian citizens, brought up in India
but were born outside India because their parents were posted there.
Also I know friends whose Labor was processed from "fast" states in 2000 and got there GC by 2003 or so.
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gc_chahiye
06-28 08:03 PM
I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.
Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.
Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.
USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.
USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.
A similar analysis can be done for any other category. Correct me if my dates are wrong.
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.
Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.
USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.
USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.
A similar analysis can be done for any other category. Correct me if my dates are wrong.
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
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nixstor
09-23 02:03 AM
This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.
thanks,
aps
Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation
thanks,
aps
Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation
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godbless
04-09 12:44 PM
How long it takes to get Canadian PR from USA in Skilled Worker category? How much time the documents collection (like FBI clearnace, police clearance etc.) takes and how much time is taken by the Canadian Consulate to process your application?
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JazzByTheBay
12-13 05:54 PM
...actually makes sense...
jazz
When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.
So here goes a potential set of arguments:
Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?
Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?
I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).
Extending my pragmatic view:
Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.
So even if we won, we would likely loss.
Just being pragmatic.
(I'm not a lawyer - and my H1B enforces this)
jazz
When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.
So here goes a potential set of arguments:
Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?
Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?
I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).
Extending my pragmatic view:
Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.
So even if we won, we would likely loss.
Just being pragmatic.
(I'm not a lawyer - and my H1B enforces this)
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sc3
09-23 04:28 PM
This suggestion is totally unethical. This is opportunism at its worst.
I saw a few posts that have already started carving out the law per their own conditions, and bashing people who have real concerns about any action on the bill. There was a time when real grievances by a group of people was being shut down for want of "unity". But with so many members starting these kind of threads (and the apparent lack of the "administrators" refuting such discussions), I think it is time to start individual cabals to further our own goals rather than the whole community.
I saw a few posts that have already started carving out the law per their own conditions, and bashing people who have real concerns about any action on the bill. There was a time when real grievances by a group of people was being shut down for want of "unity". But with so many members starting these kind of threads (and the apparent lack of the "administrators" refuting such discussions), I think it is time to start individual cabals to further our own goals rather than the whole community.
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lazycis
02-13 12:26 PM
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
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greencard_fever
07-16 08:42 PM
This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)
How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.
How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.
Blessing&Lifeisbeautiful
07-24 05:26 PM
Agree with few points in your argument though overall it went little overboard. Whisky Line??? Are you implying there are no lines in US? Ever heard about GC Line???????:)))))) :D Tell me about it I havent waited for 5 to 7 yrs in India for anything and not got it. Maximum I waited would be Tirupati temple for 12-14 hrs:)
BLIB
BLIB
dagabaaj
07-07 11:59 AM
My wife applied for her EAD in Dec 2007. We recd the EAD in May 2008 but with incorrect A#. Our Corp lawyer advised us to return the EAD card to USCIS with a new I-765 Application and correct information on it.
1) Was this the correct course of action. Could she have used the EAD card and then sent it for correction?
2) What is the time frame for a correction on the card? Also it has been a month since we sent it back and we have not yet recd rect# or notice in response?
3) What should be our further course of action?
1) Was this the correct course of action. Could she have used the EAD card and then sent it for correction?
2) What is the time frame for a correction on the card? Also it has been a month since we sent it back and we have not yet recd rect# or notice in response?
3) What should be our further course of action?
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