maverick534
Registered Users (C)
The lawyer conveyed to me that they asked specifically for the transcript.
matt30 said:
CSC August 2005 Filing I-140 Tracking
- Thread starter gp111
- Start date
Proposed Substitution Elimination Rule Due Published <-- Guys you may be interested!
Latest news update (from oh-law): Proposed Substitution Elimination Rule Due Published on Monday 02/13/2006
* DOL is scheduled to publish this important proposed regulation on February 13, 2006, Monday.
* The following are the key provisions:
o 60-day Comment Period to end on April 14, 2006.
o The rule will not be effective until "Final Rule" is published after the comment period.
o Prohibition of Substitution From Effective Date of Final Rule:
+ No amendment of backlog cases allowed to substitute alien beneficiary while the labor certification application is pending.
+ No amendment of pending PERM applications to substitute alien beneficiary any time.
+ Approved labor certification which has not been filed with the USCIS for I-140 filing at the time of effective date of Final Rule cannot be used for substitution of the alien beneficiary.
+ Substitutions already approved at the time effective date of Final Rule will not be affected by this prohibition rule.
o 45-Day Validity of Approved Labor Certification Application: Unless I-140 is filed with the certified LC application within the following period, the approved labor certification application will expire and turn invalid:
+ All cases which are approved on or after the effective date of Final Rule will expire 45 days from the date of certification.
+ All cases which are approved prior to the effective date of Final Rule will expire 45 days from the effective date of Final Rule.
o No Payment of Labor Certification Expenses Other Than Employer: Alien beneficiary or other party is not permitted to any expenses including attorney fees.
o Debarment from Filing Labor Certification for Upto 3 Years for Violators.
* Other details will be summarized as soon as the proposed rule is published on Monday.
Latest news update (from oh-law): Proposed Substitution Elimination Rule Due Published on Monday 02/13/2006
* DOL is scheduled to publish this important proposed regulation on February 13, 2006, Monday.
* The following are the key provisions:
o 60-day Comment Period to end on April 14, 2006.
o The rule will not be effective until "Final Rule" is published after the comment period.
o Prohibition of Substitution From Effective Date of Final Rule:
+ No amendment of backlog cases allowed to substitute alien beneficiary while the labor certification application is pending.
+ No amendment of pending PERM applications to substitute alien beneficiary any time.
+ Approved labor certification which has not been filed with the USCIS for I-140 filing at the time of effective date of Final Rule cannot be used for substitution of the alien beneficiary.
+ Substitutions already approved at the time effective date of Final Rule will not be affected by this prohibition rule.
o 45-Day Validity of Approved Labor Certification Application: Unless I-140 is filed with the certified LC application within the following period, the approved labor certification application will expire and turn invalid:
+ All cases which are approved on or after the effective date of Final Rule will expire 45 days from the date of certification.
+ All cases which are approved prior to the effective date of Final Rule will expire 45 days from the effective date of Final Rule.
o No Payment of Labor Certification Expenses Other Than Employer: Alien beneficiary or other party is not permitted to any expenses including attorney fees.
o Debarment from Filing Labor Certification for Upto 3 Years for Violators.
* Other details will be summarized as soon as the proposed rule is published on Monday.
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azamani123
Registered Users (C)
perm_faq
what this means. I am using the substitution labor. I filed on I-140 and I-485 on Nov. 05. can it affect my case also or no this rule is only for the ones which have not been applied for I-140 and I-485?
what this means. I am using the substitution labor. I filed on I-140 and I-485 on Nov. 05. can it affect my case also or no this rule is only for the ones which have not been applied for I-140 and I-485?
perm_faq said:Latest news update (from oh-law): Proposed Substitution Elimination Rule Due Published on Monday 02/13/2006
* DOL is scheduled to publish this important proposed regulation on February 13, 2006, Monday.
* The following are the key provisions:
o 60-day Comment Period to end on April 14, 2006.
o The rule will not be effective until "Final Rule" is published after the comment period.
o Prohibition of Substitution From Effective Date of Final Rule:
+ No amendment of backlog cases allowed to substitute alien beneficiary while the labor certification application is pending.
+ No amendment of pending PERM applications to substitute alien beneficiary any time.
+ Approved labor certification which has not been filed with the USCIS for I-140 filing at the time of effective date of Final Rule cannot be used for substitution of the alien beneficiary.
+ Substitutions already approved at the time effective date of Final Rule will not be affected by this prohibition rule.
o 45-Day Validity of Approved Labor Certification Application: Unless I-140 is filed with the certified LC application within the following period, the approved labor certification application will expire and turn invalid:
+ All cases which are approved on or after the effective date of Final Rule will expire 45 days from the date of certification.
+ All cases which are approved prior to the effective date of Final Rule will expire 45 days from the effective date of Final Rule.
o No Payment of Labor Certification Expenses Other Than Employer: Alien beneficiary or other party is not permitted to any expenses including attorney fees.
o Debarment from Filing Labor Certification for Upto 3 Years for Violators.
* Other details will be summarized as soon as the proposed rule is published on Monday.
Questions of Substitutions Not Affected by the Forthcoming Substitution Elimination--
May be you guys are interested in this....Relay from oh-law
Questions of Substitutions Not Affected by the Forthcoming Substitution Elimination Regulation
* The preamble of the proposed regulation provides that this regulatory change would not affect substitutions approved prior to the final rule's effective date. Accordingly, the following substitutions which have been approved prior to the final rule's effective date may or may not be affected:
o Cases which are pending at the Backlog Elimination Centers for which the employer had requested and either SWA or Regional Certifying Offer allowed to amend ETA 750 and approved such amendment before March 28, 2005. Clearly will not be affected;
o Cases which are pending at the Backlog Elimination Centers for which the employer had requested or will request amendment of ETA 750 substituting the alien's name, and the BEC would have approved such amendment before the final rule's effective date. BEC's returning of ETA 750 to the employer to amend and return to the BEC may or may not comfort with the requirement. The DOL may argue that BEC may have to "approve" the "amended" ETA 750 to meet the requirement of "substitution approved." However, one may argue that the act of returning ETA 750 to the employer to amend the alien name constitutes an approval of substitution. Additionally, BEC may also have to rule on the situation involving appeal of denial of the amendment before the BALCA.
o When the employer has already obtained certification of the labor certification application, there may be following groups of people who intend to substitute and whose future needs the agency's further action on this regulation because of the ambiguity in the definition of "substitution approved":
+ (1) Employer filed I-140 petition for the substituting beneficiary but the I-140 has yet to be approved on the final rule's effective date. Simple Receipt Notice of I-140 may or may not comfort with the requirement of "substitution approved." However, again this should remain an issue which the DOL and the USCIS will have to resolve.
+ (2) Employer filed I-140 petition for the substituting beneficiary, which has been approved prior to the final rule's effective date. This would be a classical case of "substitution approved."
+ (3) Employer filed I-140 petition for the original beneficiary which has been either approved or pending. As part of the substitution process for such situation, employer withdraws the I-140 petition and at the time files a new I-140 petition for the substituting beneficiary. If no decision has been made on the approval of withdrawal and the new I-140 petition, the answer to the question turns to foregoing question (1). If the USCIS issues revocation letter, but the new I-140 is still pending, it may be considered another classical case of "substitution approved," similar to the foregoing question (2).
+ (4) Employer filed I-140 petition for the substituting beneficiary prior to the final rule's effective date, but USCIS denied I-140 on the issue of alien's qualification to meet the labor certification qualification requirement and the appeal of the decision is pending before AAO prior to the final rule's effective date. There may arise two conflicting arguments: One argument would be that the USCIS has approved the employer for the substitution but denied I-140 petition based on the merit of I-140 petition. Opposing argument would be that the USCIS failed to approve the substitution before reaching the merit. Obviously, the first argument sounds more persuasive and convincing, but we will have to wait and see.
+ (5) Employer filed I-140 petition for the substituting beneficiary, which has been denied on the issue of the employer financial ability to pay the proffered salary. I-140 was filed prior to, but denial was made post to, the final rule's effective date. Clearly, the denial was handed down the employer's qualification issue and not on the substitution nor the substituting alien's qualification issues. Arguably, the act of USCIS reaching merits of the I-140 implies that the USCIS approved the substitution, because unless they approved the substitution, there could not have adjudication of the I-140 on the merits. However, we will still have to wait and see what DOL and USCIS would say on the situation.
* It is anticipated that the ambiguity of the language "substitution approved" prior to the final rule's effective date may generate a host of litigation in the future unless the DOL would revise or clarify or define the language clearly in the final regulation. Please stay tuned.
May be you guys are interested in this....Relay from oh-law
Questions of Substitutions Not Affected by the Forthcoming Substitution Elimination Regulation
* The preamble of the proposed regulation provides that this regulatory change would not affect substitutions approved prior to the final rule's effective date. Accordingly, the following substitutions which have been approved prior to the final rule's effective date may or may not be affected:
o Cases which are pending at the Backlog Elimination Centers for which the employer had requested and either SWA or Regional Certifying Offer allowed to amend ETA 750 and approved such amendment before March 28, 2005. Clearly will not be affected;
o Cases which are pending at the Backlog Elimination Centers for which the employer had requested or will request amendment of ETA 750 substituting the alien's name, and the BEC would have approved such amendment before the final rule's effective date. BEC's returning of ETA 750 to the employer to amend and return to the BEC may or may not comfort with the requirement. The DOL may argue that BEC may have to "approve" the "amended" ETA 750 to meet the requirement of "substitution approved." However, one may argue that the act of returning ETA 750 to the employer to amend the alien name constitutes an approval of substitution. Additionally, BEC may also have to rule on the situation involving appeal of denial of the amendment before the BALCA.
o When the employer has already obtained certification of the labor certification application, there may be following groups of people who intend to substitute and whose future needs the agency's further action on this regulation because of the ambiguity in the definition of "substitution approved":
+ (1) Employer filed I-140 petition for the substituting beneficiary but the I-140 has yet to be approved on the final rule's effective date. Simple Receipt Notice of I-140 may or may not comfort with the requirement of "substitution approved." However, again this should remain an issue which the DOL and the USCIS will have to resolve.
+ (2) Employer filed I-140 petition for the substituting beneficiary, which has been approved prior to the final rule's effective date. This would be a classical case of "substitution approved."
+ (3) Employer filed I-140 petition for the original beneficiary which has been either approved or pending. As part of the substitution process for such situation, employer withdraws the I-140 petition and at the time files a new I-140 petition for the substituting beneficiary. If no decision has been made on the approval of withdrawal and the new I-140 petition, the answer to the question turns to foregoing question (1). If the USCIS issues revocation letter, but the new I-140 is still pending, it may be considered another classical case of "substitution approved," similar to the foregoing question (2).
+ (4) Employer filed I-140 petition for the substituting beneficiary prior to the final rule's effective date, but USCIS denied I-140 on the issue of alien's qualification to meet the labor certification qualification requirement and the appeal of the decision is pending before AAO prior to the final rule's effective date. There may arise two conflicting arguments: One argument would be that the USCIS has approved the employer for the substitution but denied I-140 petition based on the merit of I-140 petition. Opposing argument would be that the USCIS failed to approve the substitution before reaching the merit. Obviously, the first argument sounds more persuasive and convincing, but we will have to wait and see.
+ (5) Employer filed I-140 petition for the substituting beneficiary, which has been denied on the issue of the employer financial ability to pay the proffered salary. I-140 was filed prior to, but denial was made post to, the final rule's effective date. Clearly, the denial was handed down the employer's qualification issue and not on the substitution nor the substituting alien's qualification issues. Arguably, the act of USCIS reaching merits of the I-140 implies that the USCIS approved the substitution, because unless they approved the substitution, there could not have adjudication of the I-140 on the merits. However, we will still have to wait and see what DOL and USCIS would say on the situation.
* It is anticipated that the ambiguity of the language "substitution approved" prior to the final rule's effective date may generate a host of litigation in the future unless the DOL would revise or clarify or define the language clearly in the final regulation. Please stay tuned.
FP receipt not received but Biometrics done..
Hi,
I checked my I485 receipt notice and found it was clearly mentioned to call CSC customer service # and schedule an appointment for biometrics. I immediately called and scheduled appointment on Friday and went to ASC and got biometrics done quickly for myself and family. They took index finger print, photograph and signature.
All these days after my I485 receipt(Sept 6th' o5), I was simply waiting for FP notice as all my friends got such notices from USCIS by mail. I did not know I had to check my receipt and schedule appointment, nor my attorney informed me to do so. Thanks to this forum in general and perm_faq in particular.
Now I have another question -- Was that all as far as FP is concerned OR I have to expect another FP notice from USCIS?. Do I need to do ten finger prints again?. I am very concerned and eager to know about this since my PD(01-09-2002)-EB2 is close to current processing date(Jan-1,2002) for I485 as per March VISA bulletin.
Is that biometrics enough to enable my I485 process to move on?. If so, will the biometrics be updated immeditely for my I485 process to come up for its turn for adjudication?. Will there be any further name check or other process in between that could affect my case?.
Any info in this regard will be highly appreciated.
RIR EB-2 CSC
I-140/I485 RD: 9/2/2005 ND: 9/6/2005, AD-2/8/06
PD:01/09/2002
Hi,
I checked my I485 receipt notice and found it was clearly mentioned to call CSC customer service # and schedule an appointment for biometrics. I immediately called and scheduled appointment on Friday and went to ASC and got biometrics done quickly for myself and family. They took index finger print, photograph and signature.
All these days after my I485 receipt(Sept 6th' o5), I was simply waiting for FP notice as all my friends got such notices from USCIS by mail. I did not know I had to check my receipt and schedule appointment, nor my attorney informed me to do so. Thanks to this forum in general and perm_faq in particular.
Now I have another question -- Was that all as far as FP is concerned OR I have to expect another FP notice from USCIS?. Do I need to do ten finger prints again?. I am very concerned and eager to know about this since my PD(01-09-2002)-EB2 is close to current processing date(Jan-1,2002) for I485 as per March VISA bulletin.
Is that biometrics enough to enable my I485 process to move on?. If so, will the biometrics be updated immeditely for my I485 process to come up for its turn for adjudication?. Will there be any further name check or other process in between that could affect my case?.
Any info in this regard will be highly appreciated.
RIR EB-2 CSC
I-140/I485 RD: 9/2/2005 ND: 9/6/2005, AD-2/8/06
PD:01/09/2002
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I485 status question
In continuation to my previous message, I have another question...
I just checked my case status on USCIS website and now I see LUD for I485 as 02/10/2006 instead of old date(09/6/06 or something like that) with the following message. This LUD got updated for myself and my family.
Your I485 Application to Register Permanent Residence or to Adjust Status was received on September 2, 2005. We mailed you a receipt with information about processing. It is taking between 270 and 300 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
Is it because I got my biometrics done at ASC on Friday, i.e.02/10/06 OR my case is up for processing?.
Clarification please...
VJ4GC.
RIR EB-2 CSC
I-140/I485 RD: 9/2/2005 ND: 9/6/2005, AD-2/8/06
PD:01/09/2002
In continuation to my previous message, I have another question...
I just checked my case status on USCIS website and now I see LUD for I485 as 02/10/2006 instead of old date(09/6/06 or something like that) with the following message. This LUD got updated for myself and my family.
Your I485 Application to Register Permanent Residence or to Adjust Status was received on September 2, 2005. We mailed you a receipt with information about processing. It is taking between 270 and 300 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
Is it because I got my biometrics done at ASC on Friday, i.e.02/10/06 OR my case is up for processing?.
Clarification please...
VJ4GC.
RIR EB-2 CSC
I-140/I485 RD: 9/2/2005 ND: 9/6/2005, AD-2/8/06
PD:01/09/2002
Thanks gp111..
I was under the impression that biometrics(as per I485 receipt notice) was enough in the place of FP(10 fingers). So, now I have to wait for FP notice and my I485 may get stuck even if it comes up for adjudication as my PD is closer(almost there) to the current processing date. It looks like I have to wait longer and can expect approoval only after FP which I am not sure when I would receive the notice for.
Oh..well..
BTW, did you get your biometrics/FP done?. I understand you didn't get your FP notice either..What about your biometrics?..
VJ4GC.
RIR EB-2 CSC
I-140/I485 RD: 9/2/2005 ND: 9/6/2005, AD-2/8/06
PD:01/09/2002
I was under the impression that biometrics(as per I485 receipt notice) was enough in the place of FP(10 fingers). So, now I have to wait for FP notice and my I485 may get stuck even if it comes up for adjudication as my PD is closer(almost there) to the current processing date. It looks like I have to wait longer and can expect approoval only after FP which I am not sure when I would receive the notice for.
Oh..well..
BTW, did you get your biometrics/FP done?. I understand you didn't get your FP notice either..What about your biometrics?..
VJ4GC.
RIR EB-2 CSC
I-140/I485 RD: 9/2/2005 ND: 9/6/2005, AD-2/8/06
PD:01/09/2002
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Actually, it is hard predict why there was a LUD on your case. Top of that, your case PD is pretty close, and you recently did FP....NOT sure which one flagged LUD. If you see the LUD on next day after FP, then you can count it as FP based LUD. Otherwise, there must be some thing cooking on your case.
Most of the times, I have been seeing that people complaining about "NOT seeing the LUD" though they recently gotten finger prints done. They get direct approvals of the case.
Most of the times, I have been seeing that people complaining about "NOT seeing the LUD" though they recently gotten finger prints done. They get direct approvals of the case.
vj4gc said:
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maverick534
Registered Users (C)
Does anyone have any idea on this PLS.... My lawyer said that I should wait for 30 - 60 days for response. Does it take that long to respond for a RFE ? It has almost become 3 weeks now since they received the response from my lawyer.. but no news. I am starting to get tensed. Does anyone have an idea on what I can do to get more info on my case ? Thanks.
maverick534 said:
Changing lawyers in the midst of a I-140 RFE?
Hi all,
I recently got a RFE notice for my I-140. ND: Aug 10, 2005. The letter asks proof of my company's ability to pay me through company's tax returns and my own W-2 forms. All of which my company and I can provide easily. However, my company is now in the process of changing the regular company lawyer.
I dont know whether I should let the old lawyer deal with the RFE or whether to move to the new lawyer and let them take up the RFE. I've never been happy with the old lawyer, but I've been working with them for the last 4 years and I know how they work. My company says that the new lawyer is a lot better, but I really dont know. Also, my company has told the old lawyer that they wont be dealing with them on new cases anymore, so I worry whether the old lawyer will do a good job with my RFE (since they know they they are not likely to get any more business from my company).
Can someone help me understand what the process of a lawyer change involves?
Is it a big deal to change the lawyer during the middle of this process, especially since I need to respond to te RFE now? Does it take time to change the lawyer? I'm worried if changing a lawyer might require some form to be submitted to INS which might take a long time to process.
I'd really appreciate any suggestions/advice on whether to stick with the old lawyer to move to the new one.
Thanks!
Hi all,
I recently got a RFE notice for my I-140. ND: Aug 10, 2005. The letter asks proof of my company's ability to pay me through company's tax returns and my own W-2 forms. All of which my company and I can provide easily. However, my company is now in the process of changing the regular company lawyer.
I dont know whether I should let the old lawyer deal with the RFE or whether to move to the new lawyer and let them take up the RFE. I've never been happy with the old lawyer, but I've been working with them for the last 4 years and I know how they work. My company says that the new lawyer is a lot better, but I really dont know. Also, my company has told the old lawyer that they wont be dealing with them on new cases anymore, so I worry whether the old lawyer will do a good job with my RFE (since they know they they are not likely to get any more business from my company).
Can someone help me understand what the process of a lawyer change involves?
Is it a big deal to change the lawyer during the middle of this process, especially since I need to respond to te RFE now? Does it take time to change the lawyer? I'm worried if changing a lawyer might require some form to be submitted to INS which might take a long time to process.
I'd really appreciate any suggestions/advice on whether to stick with the old lawyer to move to the new one.
Thanks!
No FP notice yet for Aug filing
I concurrently filed for 140 and 485 in 1st week of Aug 2005 (ND: 10 Aug, 2005). I dont seem to have received any notice for FP appointment yet and there is nothing on my 485 that asks me to call directly to make an appointment.
- Are there any others who filed for 140 & 485 around this time who still havent received FP notice? Or should I be worried that no notice has arrived yet.
- Do we usually see a status change in the online case status when we receive a FP appointment? I'm out of country for the last few weeks and I dont know if I have received any notice in the mail recently, but the online case status doesnt show any update.
Thanks!
I concurrently filed for 140 and 485 in 1st week of Aug 2005 (ND: 10 Aug, 2005). I dont seem to have received any notice for FP appointment yet and there is nothing on my 485 that asks me to call directly to make an appointment.
- Are there any others who filed for 140 & 485 around this time who still havent received FP notice? Or should I be worried that no notice has arrived yet.
- Do we usually see a status change in the online case status when we receive a FP appointment? I'm out of country for the last few weeks and I dont know if I have received any notice in the mail recently, but the online case status doesnt show any update.
Thanks!
sn2004
Wondering why haven't you submitted "financial documents on behalf of your company and your W2s" when you filed 140. Because, that is the pretty much the common document(s) that no one can miss that. USCIS would issue RFE on this matter, only when it is not convinced with "ability of pay". So based on this, I can suggest:
1) ur old lawyer is not very efficient
2) changing lawyer would need you to sign another G-28 form to notify USCIS regarding this change. This would legally authorize him/her to represent your case. Other than, I don't think there is any thing needed to be done.
3) Sending response to this RFE is very simple. All you have to do is, give your W2 attorney, and the attorney should be able to get the remaining docs from your company.
4) Finally, its your call whether you really wanted to change attorney at this moment or not. As far as USCIS is concerned, you/attorney should only send new G-28.
Wondering why haven't you submitted "financial documents on behalf of your company and your W2s" when you filed 140. Because, that is the pretty much the common document(s) that no one can miss that. USCIS would issue RFE on this matter, only when it is not convinced with "ability of pay". So based on this, I can suggest:
1) ur old lawyer is not very efficient
2) changing lawyer would need you to sign another G-28 form to notify USCIS regarding this change. This would legally authorize him/her to represent your case. Other than, I don't think there is any thing needed to be done.
3) Sending response to this RFE is very simple. All you have to do is, give your W2 attorney, and the attorney should be able to get the remaining docs from your company.
4) Finally, its your call whether you really wanted to change attorney at this moment or not. As far as USCIS is concerned, you/attorney should only send new G-28.
sn2004 said:
sn2004
If the 485 receipt does not say to call cust. service to schedule FP appointment, then you cannot call them. I think, in such case, USCIS will send out the FP notice once your case gets into queue.
- No. Status (LUD) will not be changed just because of getting FP notice. Some times (or- most of the times), there will not be a LUD though FP is already scheduled and submitted.
If the 485 receipt does not say to call cust. service to schedule FP appointment, then you cannot call them. I think, in such case, USCIS will send out the FP notice once your case gets into queue.
- No. Status (LUD) will not be changed just because of getting FP notice. Some times (or- most of the times), there will not be a LUD though FP is already scheduled and submitted.
sn2004 said:
azamani123
Registered Users (C)
I have applied on Nov. 15th. I have not recieved any reciept for I-140 nor I-485. but I have recieved my AP.
sn2004 said:
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