NikePhoros said:
Anybody here who has had a similar situation and got their I140 approved...Pls advise.
Ony 2 more months to avail of labor substitution if anyone has the chance to do so.
Snippet from immigration-law.com breaking news section:
02/10/2006: DOL to Publish Substitution Elimination Proposed Rule on February 13, 2006, Monday
DOL is scheduled to publish this important proposed regulation on February 13, 2006, Monday.
The following are the key provisions:
60-day Comment Period to end on April 14, 2006.
The rule will not be effective until "Final Rule" is published after the comment period.
Prohibition of Substitution From Effective Date of Final Rule:
Beginning from the effective date of Final Rule, all labor certification application cannot be used for substitution either during and after the certification per the following detailed rules.
No amendment of backlog cases will be allowed to substitute alien beneficiary while the labor certification application is pending.
No amendment of pending PERM applications to substitute alien beneficiary will be allowed 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 of effective date of Final Rule will not be affected by this prohibition rule.
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.
No Payment of Labor Certification Expenses Other Than Employer: Alien beneficiary or other party is not permitted to pay any expenses including attorney fees.
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.
