Must Read: Planning/Looking for Pre-Approved LC (possible scam)

10/31/2005: USCIS Labor Certification Substitution Elimination Proposed Rule Making Agenda

The USCIS is also scheduled to initiate the rule making process for this proposed rule to eliminate substitution of certified labor certification application and imposing the period of validity of certified labor certification application at 45 days. It is scheduled to be released in November 2005 with the 60-day comment period ending in January, 2006. No one will be surprised to see the USCIS requesting the OMB to review and approve this proposed rule by the USCIS in the very near future.
When the DOL started the process, the schedules between the DOL and USCIS gave the impression that the two departments were not necessarily well coordinated in terms of scheduling, but now here we go! Hold your breath!
10/31/2005: DOL Labor Certification Substitution Elimination Proposed Rule Release Agenda

The White House approved this rule back in August, 2005, and pending change in the Chief of the Division of Foreign Labor Certification, the release of this proposed rule has been held off for almost two months. Because of the delay, there has been speculation that this proposed rule has been withdrawn.
Well, don't jump too fast. This rule-making agenda is still well and alive and was scheduled to be released in October 2005 by the new Acting Chief Leticia. Obviously this schedule was not exactly kept as today is the last day of October 2005. However, no one will be surprised if this proposed rule is released soon. Hold your breath!
 
Department of Labor should blame itself!

Department of Labor should blame itself!
They prepared the soil for the fraud.
Thousands of people were waiting for LC approvals for years. All the sudden they changed the law and threw all pending cased in the backlog as paper on the trucks.
Then they said “We will ELIMINATE backlog” in 3 years. The word says for it self eliminate means get rid of it somehow.
No wonder people start looking for labor certificate substitution. Most of those people cannot keep their job for extra 3 years in this economy.
Now instead of expediting “backlog Elimination” they prohibited Labor Certificate substitution. That is nice.
Corporations make billions on H1-B and the biggest fraud is the green card process. It gives people hope without any guarantee.
PERM doesn’t make any difference because they established priority date limitations for 485 applications. Still as before you must spend about 5 years with the same employer to get Green Card.
 
Labor substitution

Folks,

I have a question about labor substitution. Can we use one approved labor certification to two person?

I mean, Can we use an approved labor certification to file I-140 for person A while it is being used for person B on H1B extension at the same time.

Your feedback is much appreciated!

thnks.
 
bubli said:
Folks,

I have a question about labor substitution. Can we use one approved labor certification to two person?

I mean, Can we use an approved labor certification to file I-140 for person A while it is being used for person B on H1B extension at the same time.

Your feedback is much appreciated!

thnks.
Click to expand...
Generally, by doing so company is inviting trouble for itself. When they applied for 1st person for 7th year extension, they informed USCIS that this person will be substitited for this LC. Now if they do not take any action on that H1, like informing USCIS that this person is not going to be substituted, and they apply for 140 for some other porson, USCIS may come back and say this new 140 application is not valid. If company first informs USCIS that now they are going to substitute new person, it may work.
 
bottom line is these crooks want to get you for your billings or something else

unfrotunately even after so much info in the forum, we like to fall prey, and then come back and cry here again, once we are burnt
bubli said:
Folks,

I have a question about labor substitution. Can we use one approved labor certification to two person?

I mean, Can we use an approved labor certification to file I-140 for person A while it is being used for person B on H1B extension at the same time.

Your feedback is much appreciated!

thnks.
Click to expand...
 
bubli said:
Folks,

I have a question about labor substitution. Can we use one approved labor certification to two person?

I mean, Can we use an approved labor certification to file I-140 for person A while it is being used for person B on H1B extension at the same time.

Your feedback is much appreciated!

thnks.
Click to expand...

I think it cannot be at the same time. But, if it was used for Person A and If they revoke the I-140 for Person A, then for person B can be used for extension with I-140 reciept notice.

Please take some legal advise before you proceed.
 
from immigration-law.com
02/05/2006: DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006

This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned.
 
HELP !!!! to decide to take pre-approved labor

Hi,

My current employer filed labor in March 10th 2004 from SD. Gone to Dallas and haven't received approval yet. Applied for 8th year extension. Got pre-approved labor info from one of my friend's relative which is genuine.

My questions are:
a) Can I change H1 status new company and accept pre-approved labor without any problems? I heard LC substitutions are gone. Is it true?
b) Do I need to ask my present employer to keep my current pending labor alive?

Please help me.

thanks in advance....
 
Looks like this forum is not very active. I don't see many posts. However, let me try posting this here. As of today LC substitution is still valid. Please share your experiences if you had any with labor substitution and how genuine to go through a company not knowing them very well but just looking at the website.
 
Beware of Prithvi Solutions & Srikanth Reddy Gaddam [aka] Sri Gaddam

Fellow H1B->GC Fast-track Seekers,

Back in 2003 labor applications were breezing through approval process in PA. So I figured if I get a labor application filed from Pittsburgh I can sail through the GC Sea in PA winds. Then through a contact I came across this company and a guy named Sri Gaddam (aka Srikanth Reddy Gaddam), we agreed on a deal by which they would file my labor first, and I would join them on their payroll after the Labor has been filed. In this process I had to pay the labor fee and the processing cost for it, I agreed for it since it is being filed before I actually join them. So I had sent all the documents that were requested, and paid 2K towards the cost.

Few weeks passed by Prithvi had a project for which they wanted me to start working on their pay-roll, I went ahead and gave notice to the project that I was on until then. Meanwhile I had sent documents for H1 transfer. It was Friday, the following Monday I was supposed to start work on the new project through Prithvi, and I am yet to get the receipt number for h1 transfer Prithvi. Every time I had asked about the H1 transfer, I was told it is no issue at all, and all will be taken care before I start on the project. Comes Monday the H1 transfer has not been filed yet, and without H1 transfer I wasn’t able to start the project on Monday. After seeing all this I had asked for proof of labor which was supposedly filed, and told him point blank if there is no proof of labor application I am not working on the project through them.

Then comes the GC Ship’s Turbo Booster also known as substitution of an approved labor, for which my response was that it be filed first before I get on board. After all these the GC ship got sucked into deep waters by a Pirate named Sri Gaddam and my GC Journey didn’t go anywhere. I was able to get back $700 from the 2K I paid for the processing. Cost to me in this: $1300 from pocket + 2 weeks time wasted without work between projects + the goodwill with the old client.

I can’t say whether everyone in this company is like this but this guy is listed as a Director now, and that does not sound right. If you have to deal with this guy or company that he works for think twice!!

Coming back to my GC Journey, I managed to arrange a new one (RIR, EB2) on a ship (my current employer, a small consulting shop) with a regular engine and started my sail in May 2004, but the wind took me to a port called PhiladelphiaBEC which was not part of the original ship plan from where I have been hoping to get out ever since.
 
Grass is always greener on the other side

Here is my situation.

Current employer:

Perm. position (no contracting), good salary, EB2 LC filed with PD July 2006.

NEW employer (BIG body shopper but a good ethical company, I know its hard to find now a days) = offered new job and promised PERAPP LC of EB3 with PD 2003 July.

I do not have even a single doubt about NEW company profile as I did earlier worked with them. They are cleanest, truthful and fair employer. Talked to lawyer to check weather my profile/exp. matches with that of PREAPP LC. It does match.

Confusion:

what should I do? Stick to current perm job with my fingers crossed for next 4 - 5 years waiting for EB2? (not sure if some day cost cutting will cut my throat)

or join old employer and get I-140 filed right away? That way, once I get I-140 approved (may be in 6 months), atleast I can have the PD with me in case if I have to leave the job.

question: if I have to resign new company with EB3 PD of 2003 and I-140 approval, can I still file new EB2 and retain old PD of 2003?

till how many days after I-140 is approved, can your employer revoke it? I read somewhere that its 180 days and after that PD becomes candidates own property :eek:

This is very tricky situation.

Please help. My country of birth is mainland china.

thankyou.
 
IMPORTANT -- Virtual Office and AC21

AC21 Question for the Experts on the board:

Scenario 1) 140 approved, I-485 pending for more than one year, company shuts down. I use AC21 to join another company with same job/salary, will I get my GC eventually?

Scenario 2) GC applied by a company with Virtual office (from faster LC state with no office, PO BOX address etc), I-140 approved, I-485 pending for more than one year, I use AC21 to join new employer (same job/salary), later CIS suspect the office and the job offer and send RFE to the company and ask for proof of bonafide office and job offer, The company does not respond to the RFE, what happens, will I get the GC eventually?


Please provide your valuable feedback.

Thanks
 
If you are looking for a strong, genuine,reliable and a very professional company to join and to file your Green card through Perm, let me know. Generally labour and I140 gets cleared in couple of months. 180 new joiners already approved in a very short duration.

Mohit
mohitfl@hotmail.com
 
Looking for a pre approved EB2 Labor

Hi Friends, I am looking for EB2 Pre Approved Labor with the Priority Dates 2003/2004. I had Bachelors in Electronics and currently in a Long Term Project.Please do email me if you any body came to know about any Pre Approved Labors

Thanks
Reddy
reddy2077@yahoo.com
 
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