IMP NEWS RELEASED: Please HELP

[rs_mangat]

Since my EB3 case is stuck in retrogression (PD June '02), 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 of EB3 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.. !!

 

[nj_skm]

I think you need not worry about this.

I think LC substitution is different from PD portability. If I am correct, you should still be able to port your PD as your I-140 has already been approved.

This is obviously a new development and some time needs to go by before we can have guaranteed answers.

I suggest you take a consultation with a good attorney (Khanna/Murthy/Shusterman etc) and get good professional opinion before you act.

Hopefully you can do it in a 1 hr window etc and not have to shell out too much dough.

nj_skm

 

[rs_mangat]

THANKS nj_skm,
But just to clarify. My OLD EB3 I-140 is approved. However, I havent started the processing of my EB2 application yet so my Eb2 i-140 is not approved yet.

However, i hope what u r saying is true & my case is not covered under Lc substitution since I'm starting a NEW EB2 PERM.

I think you need not worry about this.


I think LC substitution is different from PD portability. If I am correct, you should still be able to port your PD as your I-140 has already been approved.

This is obviously a new development and some time needs to go by before we can have guaranteed answers.

I suggest you take a consultation with a good attorney (Khanna/Murthy/Shusterman etc) and get good professional opinion before you act.

Hopefully you can do it in a 1 hr window etc and not have to shell out too much dough.

nj_skm