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Finally...
- Thread starter gceeker05
- Start date
that will be great.....atleast it will put a stop to the non-stop/never ending cycle of sub-labors....AGC4ME said:What do u mean it might not get to law. This is in final stages. All it requires is OMB approval which is only a formality.
Yes ...
Well, I read an earlier post that stated that this amendment had reached the OMB in 2005 and then died. I am not sure if this acutally happened but if it did then something similar is possible this time around as well. Don't get me wrong, I am totally in favor of this going through and hope the OMB acts quickly and without much notice.
regards,
saras
AGC4ME said:What do u mean it might not get to law. This is in final stages. All it requires is OMB approval which is only a formality.
Well, I read an earlier post that stated that this amendment had reached the OMB in 2005 and then died. I am not sure if this acutally happened but if it did then something similar is possible this time around as well. Don't get me wrong, I am totally in favor of this going through and hope the OMB acts quickly and without much notice.
regards,
saras
AGC4ME said:What do u mean it might not get to law. This is in final stages. All it requires is OMB approval which is only a formality.
Dude, checkout my earlier post....This thing has a long way to go...It's in Step 1...
It has to go through and finally get published in the Federal Register....
Let's not convey misinformation...
If it gets published in the Federal Register...that's when it's implemented....until then it's a just a rule awaiting approval!
Prepare before!
Why is it that everyone posting here speaks as if the 45 day rule is something difficult to adhere to?
The fact is that nowadays with PERM having mostly streamlined the LC process and cut the process down to 6-8 weeks, an employer who wishes to sponsor an employee for a green card should prepare the documentation for filing of the 140 BEFORE the LC is apporved. If such is done, 45 days is more than sufficient time for filing of the immigrant petition.
The inefficiencies/delays currently built into the system are what create the opportunities for its manipulation by attorneys and unscrupulous employers.
Of course they will fight tooth and nail to keep the status quo.
I for one would rather speak with an employer before I join, ask whether they will sponsor me for a green card, then follow the petition trail carefully and get a quick up or down decision. That way I have the opportunity to either commit my future there or if I see a manipulative employer, then move on to another opportunity.
How can this be construed as a negative for applicants or for american workers for that matter? I see it as merely introducing some fairness and balance to this EB immigration system.
Why is it that everyone posting here speaks as if the 45 day rule is something difficult to adhere to?
The fact is that nowadays with PERM having mostly streamlined the LC process and cut the process down to 6-8 weeks, an employer who wishes to sponsor an employee for a green card should prepare the documentation for filing of the 140 BEFORE the LC is apporved. If such is done, 45 days is more than sufficient time for filing of the immigrant petition.
The inefficiencies/delays currently built into the system are what create the opportunities for its manipulation by attorneys and unscrupulous employers.
Of course they will fight tooth and nail to keep the status quo.
I for one would rather speak with an employer before I join, ask whether they will sponsor me for a green card, then follow the petition trail carefully and get a quick up or down decision. That way I have the opportunity to either commit my future there or if I see a manipulative employer, then move on to another opportunity.
How can this be construed as a negative for applicants or for american workers for that matter? I see it as merely introducing some fairness and balance to this EB immigration system.
alterego2 said:Why is it that everyone posting here speaks as if the 45 day rule is something difficult to adhere to?
The fact is that nowadays with PERM having mostly streamlined the LC process and cut the process down to 6-8 weeks, an employer who wishes to sponsor an employee for a green card should prepare the documentation for filing of the 140 BEFORE the LC is apporved. If such is done, 45 days is more than sufficient time for filing of the immigrant petition.
The inefficiencies/delays currently built into the system are what create the opportunities for its manipulation by attorneys and unscrupulous employers.
Of course they will fight tooth and nail to keep the status quo.
I for one would rather speak with an employer before I join, ask whether they will sponsor me for a green card, then follow the petition trail carefully and get a quick up or down decision. That way I have the opportunity to either commit my future there or if I see a manipulative employer, then move on to another opportunity.
How can this be construed as a negative for applicants or for american workers for that matter? I see it as merely introducing some fairness and balance to this EB immigration system.
I agree on this. There should be a time limit to file 140, other wise employer may drag by years for their benefit. This 45 days benefits the emploee. The ability to pay the salary is a only document is needed to file 140 apart from employee doc. Employee documets (education & experience) is pre-existing docs. If any one dont have it in hand they can gather during LC process. There is no connection between gathering those and filing 140.
Jackolantern
Registered Users (C)
Preparing the I-140 in advance is OK for PERM, but not for years-old applications stuck in the backlog center. You won't convince a big company to prepare the paperwork in advance when they don't know if the labor will be approved in 2 days or 2 years from now (forcing them to redo it), unless they are already sponsoring several people for a green card.alterego2 said:Why is it that everyone posting here speaks as if the 45 day rule is something difficult to adhere to?
The fact is that nowadays with PERM having mostly streamlined the LC process and cut the process down to 6-8 weeks, an employer who wishes to sponsor an employee for a green card should prepare the documentation for filing of the 140 BEFORE the LC is apporved. If such is done, 45 days is more than sufficient time for filing of the immigrant petition.
And you are speaking as if people will actually have the full 45 days to do it. By the time the labor approval notice lands on the company's HR desk, it will already be 10-15 days old, leaving 30-35 days. When UCSIS receives it, they'll take 5-10 days to acknowledge it and give a receipt date, meaning you have to send it 5-10 days before the 45th day, so overall you'll have only 20-25 days from the time HR gets the labor approval until the I-140 has to be sent out. In a huge company that rarely files green cards for anybody, things don't usually happen that fast. If the HR person or lawyer is on vacation when the labor notice arrives, you're screwed.
Where I work, H-1 and green card are rare exceptions. The company's HR and management doesn't understand the process, and anything immigration-related has to go through layers of approvals for the legal and filing fees. When they hired me it took them 3 months after giving me a verbal offer to get everything approved so they could file the H-1 and make an official offer. And it took them over 4 months to file the I-140 after my labor was approved.
The companies that will always get it done within the 45 days are those that are sponsoring loads of people for green cards, not those that only do H-1 and green cards on the rare occasions that they can't find an American suited for the job.
Having a time limit is a good thing, but 45 days will cause more trouble than they are trying to avoid.
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kobra33611
Registered Users (C)
Understanding the rules?
I was trying to understand the 45 day rule from immigration-law.com:
Sounds like the 45 day rule will apply to labor certs that will be approved in teh future. If your labor cert has already been approved, then no changes to your case? Any thoughts on that?
The substitution labor rule will apply to any I140 that has not been approved yet.
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.
I was trying to understand the 45 day rule from immigration-law.com:
Sounds like the 45 day rule will apply to labor certs that will be approved in teh future. If your labor cert has already been approved, then no changes to your case? Any thoughts on that?
The substitution labor rule will apply to any I140 that has not been approved yet.
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.
banta4gc said:Dude, checkout my earlier post....This thing has a long way to go...It's in Step 1...
It has to go through and finally get published in the Federal Register....
Let's not convey misinformation...
If it gets published in the Federal Register...that's when it's implemented....until then it's a just a rule awaiting approval!
Your earlier post is when a rule is first introduced. According to immigration-law.com this is a final regulation. All it requires is publishing in the federal register. No more public comments etc etc on this. This is how DoL sees it fit to be implemented. OMB approval and publishing will take about 3 months or so at the maximum.
GreenCardVirus
Registered Users (C)
I am just curious if any of you above talking so loudly about LC Substitution elimination send in any comments during the "comment period"?
kobra33611 said:I was trying to understand the 45 day rule from immigration-law.com:
Sounds like the 45 day rule will apply to labor certs that will be approved in teh future. If your labor cert has already been approved, then no changes to your case? Any thoughts on that?
The substitution labor rule will apply to any I140 that has not been approved yet.
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.
45 day rule will apply to all LCs. For those LCs that were approved before the publication of this rule the countdown starts from the day it is published. For others the 45 day count will start from the day LC is approved.
For those who are in LC Sub route, if the Substitution is approved before the rule is published they are okay to continue their I140 application else no go on substitution.
GOD_BLESS_YOU
Registered Users (C)
AGC4ME said:45 day rule will apply to all LCs. For those LCs that were approved before the publication of this rule the countdown starts from the day it is published. For others the 45 day count will start from the day LC is approved.
For those who are in LC Sub route, if the Substitution is approved before the rule is published they are okay to continue their I140 application else no go on substitution.
what about those who filed for I-140 on a substitute labor(which is approved and company wants to utilize for another Emp) and waiting for I-140 approval?
Jackolantern
Registered Users (C)
We are not talking loudly about substitution elimination. The "loudness" is about the 45 day rule. Numerous comments were submitted about the problems with that rule, during the comment period.GreenCardVirus said:I am just curious if any of you above talking so loudly about LC Substitution elimination send in any comments during the "comment period"?
GOD_BLESS_YOU said:what about those who filed for I-140 on a substitute labor(which is approved and company wants to utilize for another Emp) and waiting for I-140 approval?
I140 on Sub Labor is a 2 step process. First the labor substitution is approved adn then the I140 is approved. if the labor substitution is approved ur safe otherwise your I140 will be denied.
GOD_BLESS_YOU
Registered Users (C)
AGC4ME said:I140 on Sub Labor is a 2 step process. First the labor substitution is approved adn then the I140 is approved. if the labor substitution is approved ur safe otherwise your I140 will be denied.
Generally one will apply directly for I-140 with a approved labor for some one ..
so you are saying that approval of that I140 is 2 step at USCIS right?
As far as I understand beneficiary substitution considered approved when I-140 is approved.AGC4ME said:I140 on Sub Labor is a 2 step process. First the labor substitution is approved adn then the I140 is approved. if the labor substitution is approved ur safe otherwise your I140 will be denied.
From Oh law site:
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.
GOD_BLESS_YOU
Registered Users (C)
Is that mean if your I140 is pending for approval based on a substitute labor on the date of publication will be useless.. right?voldemarv said:As far as I understand beneficiary substitution considered approved when I-140 is approved.
From Oh law site:
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.
GOD_BLESS_YOU
Can you take off your nativist theme message; atleast while you are looking to get a GC....
Can you take off your nativist theme message; atleast while you are looking to get a GC....
Is that mean if your I140 is pending for approval based on a substitute labor on the date of publication will be useless.. right?