whoever
01-31 12:48 PM
Rumor of the Day: Is the Regulation Eliminating Substitutions Imminent?
There is a rumor afoot that the final rule from DOL eliminating substitutions is imminent. Not quite---here�s the story. AILA Doc. No. 07013170.
It is at http://www.aila.org/RecentPosting/RecentPostingList.aspx
There is a rumor afoot that the final rule from DOL eliminating substitutions is imminent. Not quite---here�s the story. AILA Doc. No. 07013170.
It is at http://www.aila.org/RecentPosting/RecentPostingList.aspx
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srikondoji
07-10 12:01 PM
You needn't have a rejection to be part of the lawsuit.
You can pretty much rely on their revised bulletin and convince the court that your application was/will be rejected and be part of the lawsuit.
I guess USCIS is getting pretty smart. To be a plaintiff in the lawsuit, your application has to get rejected. By holding your application, it is probably preventing you to be a plaintiff. Smart F***ing A**es
You can pretty much rely on their revised bulletin and convince the court that your application was/will be rejected and be part of the lawsuit.
I guess USCIS is getting pretty smart. To be a plaintiff in the lawsuit, your application has to get rejected. By holding your application, it is probably preventing you to be a plaintiff. Smart F***ing A**es
pappu
09-29 01:50 PM
I recently saw one case where an H1B application was reopened. The LUD was updated even after being approved more than a year ago. The reason was that the company had applied for an L1 visa for another applicant and the case received an RFE and all other immigration cases of the company came under review. The new L1 visa case was denied but the old H1B approval for another applicant did not get any denial or RFE. So make sure you work for a good company and have a clean immigration case, else there are some scares along the way.Thanks Pappu.
I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.
As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.
But an H1 which was approved an year ago, I have'nt heard of anysuch thing.
There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....
Lets see what the notice says..and I will update everyone of the findings...
I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.
As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.
But an H1 which was approved an year ago, I have'nt heard of anysuch thing.
There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....
Lets see what the notice says..and I will update everyone of the findings...
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gc_on_demand
06-12 01:39 PM
Call and make the difference..
more...
vjonline
03-29 03:55 PM
hey h1b_alex..very sorry to hear your situation. If you feel I am not asking for too much, can you name the company? That would help a lot of people who can avoid getting in trouble in the future.
sc3
08-14 01:06 AM
For those who care to read...the fact that I am suggesting that people should port their priority dates before that door closes shows that I believe that people who have played by the rules (ie actually put in the 5 yrs experience or find a job with EB2 requirements) should get preference !!
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.
Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.
Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.
Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".
But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".
EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.
Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.
Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.
Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".
But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".
EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.
more...
rockstart
06-11 08:56 AM
You should be fine this will not affect your GC as long as you appear in court on time. Make sure your lawyer defends the case well.
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Raju
04-07 03:31 PM
I made four of my friends to contribute and I ask you guys to urge your friends. I guess, you may not be able to contribute $500, but you certainly can try to make 4 of your friends to contribute
more...
jgh_res
03-03 03:51 PM
I bought Patriot America by img global for my parents. We had to take my mother to ER. The total claim was close to 10k and to my surprise imgglobal did pay exactly as whatever it said. It is not a pre existing condition. Based on my research, nobody covers a pre existing condition.
The advantage of using the american, comprehensive policy is, the hospital took the insurance card, no questions asked. Send me a PM if you want more details as it was really painful in the first place to go to ER, let alone worry about insurance.
I think your question should be "Could members who had to use this insurance for ER visits post their experience?"
It�s good until you file a claim, but you should look for what happens after that.
The advantage of using the american, comprehensive policy is, the hospital took the insurance card, no questions asked. Send me a PM if you want more details as it was really painful in the first place to go to ER, let alone worry about insurance.
I think your question should be "Could members who had to use this insurance for ER visits post their experience?"
It�s good until you file a claim, but you should look for what happens after that.
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gctest
10-04 03:47 PM
i have a fan following...yay
and i will keep writing "lower case i" coz it bothers you so much :D:D:D
Guess what the latest news is :D:D:D
gctest is a perfect jackass, think he is also a complete fraud.
If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.
Then he says his dependents got approved on his EB2, while his case is rotting (????:D)
The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)
Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.
His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.
and i will keep writing "lower case i" coz it bothers you so much :D:D:D
Guess what the latest news is :D:D:D
gctest is a perfect jackass, think he is also a complete fraud.
If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.
Then he says his dependents got approved on his EB2, while his case is rotting (????:D)
The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)
Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.
His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.
more...
admesystems
01-09 04:09 PM
On USCIS website I-130 is also pending along with I-485.
At I-485 interview IO said only thing keeping my freedom (GC) away from me is NC.
Does that mean I-130 is going to clear automatically once the NC is cleared ? or do I have to be worried about that separately?
At I-485 interview IO said only thing keeping my freedom (GC) away from me is NC.
Does that mean I-130 is going to clear automatically once the NC is cleared ? or do I have to be worried about that separately?
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pcs
09-13 02:09 PM
Just wait for some time for instructions. They may not like to expose their strato on this public place. But trust me they must be on it .....
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s_r_e_e
06-03 12:12 PM
any one?
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gjoe
10-28 05:35 PM
I was seeing lot of posts in this forum about reverse brain drain, so I wanted to comeup with a question which would answer my question without doubt.
I wanted to see if all those who are in the GC queue and think that they are a very important for America and insist on that in their signature by saying "Help us stop reverse brain drain" are really meaning what they say.
I beleive if we are so much in demand we can get a job in another country and have similar quality of life or better. So only poeple who are confident of the reverse brain drain and America should stop it will not hesitate to vote "Yes" if they are so frustated with the GC wait times.
Once again thanks to everyone who so far particiapted in this poll and posted comments.
Some people have given me negative reps for this poll saying it is useless but never say why "they" think it is useless. I would appreciate if you can post your opinion with those negative reps. Offcourse postive reps can be without opinon :D
I wanted to see if all those who are in the GC queue and think that they are a very important for America and insist on that in their signature by saying "Help us stop reverse brain drain" are really meaning what they say.
I beleive if we are so much in demand we can get a job in another country and have similar quality of life or better. So only poeple who are confident of the reverse brain drain and America should stop it will not hesitate to vote "Yes" if they are so frustated with the GC wait times.
Once again thanks to everyone who so far particiapted in this poll and posted comments.
Some people have given me negative reps for this poll saying it is useless but never say why "they" think it is useless. I would appreciate if you can post your opinion with those negative reps. Offcourse postive reps can be without opinon :D
more...
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bebar
09-15 05:37 PM
18003755283
1-2-1 receipt number# 1-1-3-4
Can I get link for New POJ method of reaching Nebraska IO.
Anyone Please ?
1-2-1 receipt number# 1-1-3-4
Can I get link for New POJ method of reaching Nebraska IO.
Anyone Please ?
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virald
01-31 08:10 PM
this particular question has not been selected. If you go to politico.com and select the live, it bring up a pop-up which has questions to choose from, this question has not shown up there.
BTW i voted five times (different machines)
BTW i voted five times (different machines)
more...
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smsthss
09-17 11:32 AM
immigration thing being discussed
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espoir
07-19 01:12 PM
I support this idea to have a funding drive to help Aman recover his financial losses. We can never thank enough for the time and effort that was put in. Its a pain we need to share. Celebrating and saying thanks to IV is nice. But contribution is only way to say thanks. Think about it if we had to file with new filing fee, we would have paid 3 times what we paid now. Its amazing and we are fortunate to have people like Aman, logiclife and other IV core have such selfless and sacrificing nature.
Have a separate fund raising to reimburse AMAN...
I'm travelling...I pledge 100$ towards this...
Have a separate fund raising to reimburse AMAN...
I'm travelling...I pledge 100$ towards this...
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sledge_hammer
01-31 09:46 AM
- from immigration-law.com
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
vin13
07-30 12:47 PM
There can be several things that we want to discuss and share. But isn't this platform supposed to be for immigration? If we start discussing about Best phone cards, airtickets to india, jokes, unrelated politics etc., we will soon loose the purpose of this website and forum.
If many senators, attorneys, other aides visit this website and can find all this unrelated posts, we loose the seriousness and focus we would like to address.
Maybe core team can evaluate and see if they want to create a special section for general discussion that does not show on the front page. Just a suggestion.
This is not an attack on any individual.
thanks
If many senators, attorneys, other aides visit this website and can find all this unrelated posts, we loose the seriousness and focus we would like to address.
Maybe core team can evaluate and see if they want to create a special section for general discussion that does not show on the front page. Just a suggestion.
This is not an attack on any individual.
thanks
gc28262
01-18 03:17 PM
Hi Guys,
Please join the donor forum. We got some direction and plan how to go about this. We can not post the message in the open forum. We need trusted volunteer to work on this. Please send me your phone number and contact details in pvt message. pls check the donor forum for updates.
^^^^^
Please join the donor forum. We got some direction and plan how to go about this. We can not post the message in the open forum. We need trusted volunteer to work on this. Please send me your phone number and contact details in pvt message. pls check the donor forum for updates.
^^^^^
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