GCFORMEORNOT
Registered Users (C)
Here is a greate news. This should help even more to those who are waiting...
http://www.immigration-law.com/Canada.html
http://www.immigration-law.com/Canada.html
LABOR SUBSTITUTION BANNED- finally
- Thread starter GCFORMEORNOT
- Start date
StillAlive
Registered Users (C)
Hopefully they do that effective tomorrow without any grace time.
why it took them this loooong to ban this damn thing !!
Thats great!! I don't know why it took them this loooong to ban this damn thing since it was causing havoc to people who had filed with their own labor.
I'm cautiously optimistic. I want to see how the final text is going to be and how soon it becomes effective(implemented). Each day goes by some poor soul is not getting his GC and instead some law breaker gets ahead of him.
Thats great!! I don't know why it took them this loooong to ban this damn thing since it was causing havoc to people who had filed with their own labor.
I'm cautiously optimistic. I want to see how the final text is going to be and how soon it becomes effective(implemented). Each day goes by some poor soul is not getting his GC and instead some law breaker gets ahead of him.
EB2INDPD2005
Registered Users (C)
USCIS. Shock and Awe tactics!
Only this time it is +ve
seeing everybody post such feel happy comments, it reminds me of a prisoner released early on Parole, he feels pretty much the same way!
He says thank you to the jailers.
No. There is no time-limit to file I-485.
I-485 can be filed anytime as long as one has active and approved (or pending) I-140 petition and PD is current at the time of I-485 filing.
But, if dates go back in July (I hope not), then I-485 must be filed and received by June 30th or need to wait to be PD to be current again.
]
No. You can file as long as you are current. But, it is better you do it before 30th because you never know what is in store for July Bulletin. USCIS does all kinds of things all the time. Their inconsistency is unparalleled. It is better to be safe.
StillAlive
Registered Users (C)
From: http://www.immigration-law.com/
AILA has just obtained advanced copy of this final rule. The followings are the changes to the proposed rule:
Validity:
(1) An approved permanent labor certification granted on or after July 16, 2007 expires if not filed in support of a Form 1-140 petition with the Department of Homeland Security within 180 calendar days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before July 16, 2007 expires if not filed in support of a Form 1-140 petition with the Department of Homeland Security within 180 calendar days of July 16, 2007.
(3) A permanent labor certification for a Schedule A occupation or sheepherders is valid only for the occupation set forth on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089) and only for the alien named on the original application, unless a substitution was approved prior to July 16, 2007. The certification is valid throughout the United States unless the certification contains a geographic limitation.
(4) A permanent labor certification involving a specific job offer is valid only for the particular job opportunity, the alien named on the original application (unless a substitution was approved prior to July 16, 2007), and the area of intended employment stated on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
Substitution or Amendment:
(a) Substitution or change to the identity of an alien beneficiary on any application for permanent labor certification, whether filed under this part or 20 CFR part 656 in effect prior to March 28, 2005, and on any resulting certification, is prohibited for any request to substitute submitted after July 16, 2007.
(b) Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007.
In summary, the regulation publication date will be tomorrow, but the cut-off date for the most of the provisions relating the substitution elimination and certified labor certification application validity period appears to be July 16, 2007.
LC Validity Period: 180 days (changed from 45 days) from the effective date of the final rule (for the already certified cases) or from the date of certification (for the cases certified after the effective date of the final rule). Any certified applications filed with DHS for I-140 petition within the 180-day window will not be affected by the rule.
Unaffected Substitutions: (1) DOL or DHS has approved the substitution or (2) substitution request has been filed and pending, effective date of the final rule.
Amendment to Change Beneficiary: (a) Substitution or change to the identity of an alien beneficiary onany application for permanent labor certification, whether filed under this part or 20 CFR part 656 in effect prior to March 28, 2005,
and on any resulting certification, is prohibited for any request tosubstitute submitted after July 16, 2007.
(b) Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007.
AILA has just obtained advanced copy of this final rule. The followings are the changes to the proposed rule:
Validity:
(1) An approved permanent labor certification granted on or after July 16, 2007 expires if not filed in support of a Form 1-140 petition with the Department of Homeland Security within 180 calendar days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before July 16, 2007 expires if not filed in support of a Form 1-140 petition with the Department of Homeland Security within 180 calendar days of July 16, 2007.
(3) A permanent labor certification for a Schedule A occupation or sheepherders is valid only for the occupation set forth on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089) and only for the alien named on the original application, unless a substitution was approved prior to July 16, 2007. The certification is valid throughout the United States unless the certification contains a geographic limitation.
(4) A permanent labor certification involving a specific job offer is valid only for the particular job opportunity, the alien named on the original application (unless a substitution was approved prior to July 16, 2007), and the area of intended employment stated on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
Substitution or Amendment:
(a) Substitution or change to the identity of an alien beneficiary on any application for permanent labor certification, whether filed under this part or 20 CFR part 656 in effect prior to March 28, 2005, and on any resulting certification, is prohibited for any request to substitute submitted after July 16, 2007.
(b) Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007.
In summary, the regulation publication date will be tomorrow, but the cut-off date for the most of the provisions relating the substitution elimination and certified labor certification application validity period appears to be July 16, 2007.
LC Validity Period: 180 days (changed from 45 days) from the effective date of the final rule (for the already certified cases) or from the date of certification (for the cases certified after the effective date of the final rule). Any certified applications filed with DHS for I-140 petition within the 180-day window will not be affected by the rule.
Unaffected Substitutions: (1) DOL or DHS has approved the substitution or (2) substitution request has been filed and pending, effective date of the final rule.
Amendment to Change Beneficiary: (a) Substitution or change to the identity of an alien beneficiary onany application for permanent labor certification, whether filed under this part or 20 CFR part 656 in effect prior to March 28, 2005,
and on any resulting certification, is prohibited for any request tosubstitute submitted after July 16, 2007.
(b) Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007.
yellowrocks
Registered Users (C)
Read It Carefully
Read The Rule Carefully
Doesnt It Say That If Petition Is Approved Before July 16, Still They Can File Until 180 Days Of July 16
Same Way If It Gets Approved After July 16, Again There Are 180 Days
So Whats The Difference
A Preapproved Labor Still Can Be Used For 6 Months
E.g. If Abc Company Gets A Labor Approved From Backlog In September 2007, Than They Will Have 180 Days To File Petition Based On That Labor
So Its Nonsense
Read The Rule Carefully
Doesnt It Say That If Petition Is Approved Before July 16, Still They Can File Until 180 Days Of July 16
Same Way If It Gets Approved After July 16, Again There Are 180 Days
So Whats The Difference
A Preapproved Labor Still Can Be Used For 6 Months
E.g. If Abc Company Gets A Labor Approved From Backlog In September 2007, Than They Will Have 180 Days To File Petition Based On That Labor
So Its Nonsense
Jackolantern
Registered Users (C)
Wow, they actually did something reasonable. They changed the 45-day deadline for filing the I-140 to 180 days.
Jackolantern
Registered Users (C)
So what if they have 180 days? They still can't substitute anybody else onto it.
another_fella
Registered Users (C)
Way to go USCIS!
Wow! two huge positive things from USCIS within a span of two days. I hope they continue on this, instead of getting into the "we have done enough for the next 2 years" mode. 180 days to file 140 from the day of labor approval or from July 16 is a huge relief.
The 45 day rule was freaking me out. My labor got approved on March 19th 2007 by BEC and we are still scrambling around to file the 140, which if everything goes as planned should be filed in the next couple of weeks.
Wow! two huge positive things from USCIS within a span of two days. I hope they continue on this, instead of getting into the "we have done enough for the next 2 years" mode. 180 days to file 140 from the day of labor approval or from July 16 is a huge relief.
The 45 day rule was freaking me out. My labor got approved on March 19th 2007 by BEC and we are still scrambling around to file the 140, which if everything goes as planned should be filed in the next couple of weeks.
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Jackolantern
Registered Users (C)
Some on this forum think 45 days is more than long enough. But it really boils down to about 30 actual days (expect 10-15 days to be eaten up by the time taken for DOL to mail out the labor approval notice + time spent in the mail itself both ways). Only the companies that regularly sponsor lots of people for green cards will have the staff and procedures in place so that the I-140 and supporting documents will always easily be ready within that time frame ... not the companies that only sponsor somebody for the 0.1% of the time that they can't find an American (like my employer where they don't even know what is an I-140).
Forgive me ...a dumb question
Please forgive me for asking a dumb question. I have approved LC and my I-140 is approved too. If I leave my current employer after July 16th, would he be able to use my LC for someone else. My understanding is "NO".
Can someone please confirm ?
Thanks in anticipation.
Please forgive me for asking a dumb question. I have approved LC and my I-140 is approved too. If I leave my current employer after July 16th, would he be able to use my LC for someone else. My understanding is "NO".
Can someone please confirm ?
Thanks in anticipation.