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.. !!

 

[bigbang2001]

This is about Labor substitution, where an applicant company can use a Labor filed for a different applicant.

This does not affect porting EB3 to EB2.

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.. !!

 

[banta4gc]

Well, if you remember...the same proposal was introduced by OMB in 2005 and we know what happened....

So, let's not rush to judgement....It may not be implemented!! (See the process from Murthy's post)...It has a long way to go...

I would hate raising the hopes up for immigrant community ...only to be squashed (like in 2005)...

In 2005, the 45 day rule was most criticised rule in this policy....saying it's just unrealistic to implement (employee/employer on vacation/lost mail - could easily just eat up the 45 days)....

I hope they raise it to something like 90 days...which is more feasible....and just get this bill implemented....

THE BIG QUESTION IS: WHAT CHANGED IN THE RULE THAT IT WILL PASS THIS YEAR??? If nothing changed, I am sure it will get rejected this time again too...

>>>>>>>>>>>
http://www.murthy.com/news/n_endsub.html

Proposal to End LC Substitution and Require Prompt I-140 Filing
Posted Aug 26, 2005
©MurthyDotCom
The U.S. Department of Labor (DOL) introduced a regulation in mid-August 2005 proposing an end to the procedure known as labor certification (LC) substitution. The proposed regulation has cleared the Office of Management and Budget (OMB) and will be returned from OMB to the DOL. From the DOL, it will be sent for publication in the Federal Register as a proposed rule. There will be an opportunity for public comment on the proposed rule. It is likely to receive a great deal of response, including comments from us at The Law Office of Sheela Murthy, since there are many troubling issues with the proposal. Areas of concern are outlined here for our MurthyDotCom and MurthyBulletin readers.