IMP NEWS about Substitition- NEED HELP

[rs_mangat]

Since my EB3 case is stuck in retrogression, I am thinking of filing a new EB2 PERM & after 140 approval, use the old I-485 application (of EB3) so that I can capture the old PD (June '02) for EB2

However, I read this news Online:

01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007

Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
The planned implementation day appears to be April 2007. But it can be earlier!
If the final rule retains the proposed rule, those pending substitution I-140 cases which fail to obtain approval can be jeopardized!

I didn't understand it fully. If this is implmented, will it stop me from doing the above mentioned EB3 to EB2 SWAP??



PLEASE REPLY ASAP.. !!

 

[armie]

You case is not labor substitution, you are applying new EB2 labor followed by 140; your case is not affected by this ruling.

 

[tigerwaiting]

I disagree. You will be affected by this ruling.

 

[josamdee]

I disagree. You will be affected by this ruling.

I beg to differ, the substitution applies to filing I-140 using someone else's approved LAbor.

What rs_mangat is referring to is called as Porting the PD from one approved I-140 to another. Both the I-140 belong to the same applicant (rs_mangat
in this case).

This has nothing to do with proposed elimination rule

 

[rs_mangat]

Thank you Guys. Appreciate your comments.