Labor substitution ban rule got clearance from OMB

unitednations said:
It is classic case of people reading what they want to read.

law says what it says; once 140 is revoked, priority date is gone.

you will see wishy washy answers from other lawyers regarding this.

anyone who says you still retain the priority date; ask them who they know has gotten a greencard approved by using old priority date on a revoked i-140?
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UN,
I have applied I-485 and 6 month passed. If I change my job using AC-21 and my current employer revokes I-140, am I going to lose the PD? If yes, what will be my new PD?

Thanks in advance
 
Still can't believe that this hit the federal register so fast. I am sure this caught a lot of people off guard.

I still don't see this on any Attorney's websites..
 
unitednations said:
Besides the current year; there was close to 450,000 greencards approved in last two years.

How many do you think were labor substitution?

1,000

5,000

10,000

50,000

I don't know why you guys think that this is the be all end all to end retrogression.
It actually won't make any dent whatsoever.
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unitednations,
what makes you think that substitution labor is whatever you are saying, 100, 5,000 etc etc. We did a sampling in the DC area ... and we found that extrapolating for sampling over the entire dc area ... there are over 50,000 labor substitution cases in DC area alone. Almost 70% of the labor substitution guys have there own labor too. So overall the substitution guys are not much raising the count of green card to be issued ... but hurting the people waiting in the line. They do play a major role in retrogression.
 
voldemarv said:
You are wrong. First it's not a bill - it's a rule. It's just like things work here. Last year it was proposed rule and comment period. This year it's final rule and comment period is over, OMB approved it, the last step - publish rule in Federal Register.
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how can any major rule be passed without comment period??
Come on, the last step in the rulemaking process is succesful completion of 60 day comment period...I think.........the 60 day comment period is next!!

If you really think...that it's getting enacted into a bill rightaway....U would have seen this news allover...on murthy etc...WELL, I DON'T SEE IT ANYWHERE..
 
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banta4gc said:
how can any major rule be passed without comment period??
Come on, the last step in the rulemaking process is succesful completion of 60 day comment period...I think.........the 60 day comment period is next!!
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Wake up. Comment period is already over. Check 2006 year postings
 
Can I still apply I-140 Today?

I am using my current company's Pre-approved Labor for my I-140 Filing. I was in the process of gathering required documents, and I got this news in the morning.

My attorney told me to give it a shot, I am little confused about this Final Rule, Is this Final Rule approved and effective from today? Or Is this Final Rule applies to only Labors approved after today?

This pre-approved Labor got approved on March 19th 2007. Its EB2.

As I-140 goes to USCIS, and the rule is published in DOL Federal Register, Does USCIS follow rules in DOL Register??

Since this labor is conflict free..I mean it is not purchased from other employer.. Do I have any claim to support my case?
 
voldemarv said:
Wake up. Comment period is already over. Check 2006 year postings
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Good news! One good thing done by USCIS! They may finally get a sense of the number of LC's pending and plan accordingly.
Anybody willing to sell a sub labor for $500 +postage...;)
 
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UN,
I can see why you support the in between consulting companies....;) I wouldn't blame you. Everyone seems to be working for themselves.
Do you think this rule is final or is there any loopholes left to be exploited to substitute labors.



unitednations said:
Yes, company has no legal obligation to revoke 140. They have legal obligation to cancel h-1b.

Company only has to have the intention of hiring you permanently until 140 is approved. After that they don't need to show any intention. The intention comes up again when they give you the letter for the 485.

Put it this way; I have done 25 labor substitutions this week-end. None of them were for revoked cases.

Today; I will also be doing a good number. 8 cases for today are revocations (approved i-140's) for employees no longer working with the company and they want to substitute it for current employees.

Note: contrary to what people think; it is better for us to do labor from scratch and file 140. there is more money involved in that rather then labor substitution. Just in case anyone has this type of thinking.
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Its already in Federal Register. Done deal. Check the link.

LCSUB_SP said:
I am using my current company's Pre-approved Labor for my I-140 Filing. I was in the process of gathering required documents, and I got this news in the morning.

My attorney told me to give it a shot, I am little confused about this Final Rule, Is this Final Rule approved and effective from today? Or Is this Final Rule applies to only Labors approved after today?

This pre-approved Labor got approved on March 19th 2007. Its EB2.

As I-140 goes to USCIS, and the rule is published in DOL Federal Register, Does USCIS follow rules in DOL Register??

Since this labor is conflict free..I mean it is not purchased from other employer.. Do I have any claim to support my case?
Click to expand...

http://a257.g.akamaitech.net/7/257/2...f/ua070413.pdf
 
unitednations said:
Here is how it is supposed to work. Along with the recruiting steps (state job agency, newspaper for two sundays, 30 days on-line; company web-site; employee referral program; notice of job filing...


The start date cannot be older then six months for any of the steps from the time the actual labor is filed.

labor cannot be filed earlier then 30 days after 30 days in state job bank
labor cannot be filed earlier then 30 days from the second sunday advertisemtn
Of the other three steps; two of them have to be done for 30 days and then wait 30 days from the end of the 30 day recrutiing period before you can file the labor.
the third one there doesn't have to be a 30 day waiting period.

for notice of job filings; it has to be done for 10 consecutive business days and then a wait for 30 days before you can file the labor.


Hope not to confuse; but if all the recrutiing steps are finished except for the notice of filings; then you need to post it for 10 days and then wait for 30 days from the end of the 10 days. Even if this notice of filings is after all the other recruiting is performed. As long as when you go to eventually file it; none of the start dates of any of the steps can be older then 6 months from the date you file the labor.
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UN, thanks for the reply.

Is that applicable to perm? My case is different. It is a TR. The labor was already filed in Dec 2003. I got RI in Feb from PBEC. The Recruitment Period (RP) was from Feb 22nd to Mar 26th, 2007.

The paralegal working on my case forgot to work on advertising. We reminded her to Mar 16th about it. She then provided us with a format for workplace job posting as well as placed an ad in the newspaper.

The newspaper ad went fine. The workplace job notice was put up on Mar 16th and taken down on Apr 2nd. Please note that the RP ended on Mar 26th.

Therefore, the workplace job notice was there for a total of 10 calendar days, but only 7 business days within the RP. I understand that it has to be there 10 business days within the RP.

The notice was there for a total of 12 business days (inside as well as outside of RP).

I asked my attorney if it was a problem that job posting wasn't done for 10 consecutive business days inside of RP. She said no. She said that they had clarification from usdl that the posting had to start in the recruitment period.

Does attorney's clarification make sense?
 
unitednations said:
I don't know how many have been substituted. Most of the labors that can be substituted are IT related. IT people are generally from India.

If there was 50,000 labors to be substituted alone in DC area; then you would think that the whole sytem would have broken down. It would be difficult to believe that there are 50,000 people on h-1b in DC area.

How did you perform the test; what sources did you use, method of extrapolation, etc.
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Ok, we sampled in a way such that we do not incur much field costs.. and we only sampled IT guys working in big companies as contract employees ( non US citizens .. or mostly citizens of India). We assumed here that direct employees may not go for sub labor.
We just asked 2 questions
1> Did you file for your own labor?
2> Did you use sub labor?
We choose 5 companies in DC-Baltimore area who actively hire contract IT labor..
 
Labor sub is a huge problem ..

nTan said:
Ok, we sampled in a way such that we do not incur much field costs.. and we only sampled IT guys working in big companies as contract employees ( non US citizens .. or mostly citizens of India). We assumed here that direct employees may not go for sub labor.
We just asked 2 questions
1> Did you file for your own labor?
2> Did you use sub labor?
We choose 5 companies in DC-Baltimore area who actively hire contract IT labor..
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nTan,

I am not surprised by your findings. There are lot of bodyshops that treat labor sub as a part of their source of income. As expected, Indians are the biggest exploiters of labor subs, USCIS and DOL know this. A few years ago there was a high profile case out of Jersey where some Indian was charged with fraud. That case made the headlines and I believe it contributed to the movement against labor subs. Finally they seem to be close. This whole labor substiution thing has screwed over a lot of people. Hope the law is enacted soon. I do not care if people are running around for labor subs right now. Atleast this particular loop hole will not be used in the future.

cheers,

saras
 
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unitednations said:
it's not a done deal. that document is the proposed regulation stuff that dol is working on over the next 12 months.
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Thanks, UN!

- looks like some folks in this forum are in some dreamworld......
This bill has a some more distance to go...rest it at that for now!
 
banta4gc said:
Thanks, UN!

- looks like some folks in this forum are in some dreamworld......
This bill has a some more distance to go...rest it at that for now!
Click to expand...

UN referred to document that was already published. That's indeed proposed rule. OMB cleared final rule. Final rule should be published in Federal Register.
So you are right, it's not done deal, but there is only 1 step to go and this step could be completed as soon as tomorrow or could be delayed.
 
I am happy when this rule becomes effective. It should help all of us who have been waiting for PD to become current and have been sitting behind companies selling labors to make money. I personally knew two people who bought their labors and one already got his GC last yr and the 2nd one is going to get it soon. It plain sucks.
 
Question for UN: Effect on 7yr H1- extension

Hello UN,

I am in 6th yr of H1, and my PERM (with proper language to accomodate 3 yr degree) was filed in 6th yr. Its been at DOL for 3 months+ now and I am running out of time.

I had kept sub-labor route as emergency plan to get 7th yr h1 extension. With the lab substitution ban in place, could I still file I-140 knowing that it would be DENIED -- just to get 7th yr ext on H1 ?

Thanks
PK
 
unitednations said:
Once they ban labor substitution; it can't be done.

In the h-1b extension; you will have to show the labor and when they see it wasn't in your name they will know that substitution has been eliminated and then they will deny the h-1b extension.
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UN,

Thanks for your reply.

1. This is what I see on immigration-law.com which sounds like -> Certified Sub-Labor would work (by filing I-140 regular, immediately followed by H1-Ext in premium processing?) - BUT - Pending Sub-labor will NOT work ?

"
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date."


2. I had another PERM labor (with my name, which didnt have provision for 3 yr degree) that was approved in July 2006 with a PD > 365 days of H1 Expiration date. But I had to withdraw that BEFORE I could file current PERM with proper wording. The current PERM is still pending at DOL.

Can a copy of the earlier PERM's Receipt or Approval be used to get the 7th yr Extension ?

or any other options you would think could work (have 4.5 months left).

Thanks,
PK
 
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