StillAlive
Registered Users (C)
zain said:
It is tricky, But they should not be allowed reuse the PD, instead they should given PD as of I-140 filled date.
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- Thread starter rayyan
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It is tricky, But they should not be allowed reuse the PD, instead they should given PD as of I-140 filled date.
Tmtowtdi
Ever heard of "TMTOWTDI" (There's More Than One Way To Do It). Same thing applies for LC substitution as well. Question is WILL UCSIS do the TMTOWTDI ;-)
Knowing ppl i am sure they will find loopholes in that ammeded law as well. Everyone from immigration lawyers to companies are making a killing on the LC sub, the way it is right now. Big Q is will the UCSIS ammend a law which will be opposed even by immigration lawyers? UCSIS did try to eliminate labor substitution and also tried to impose a 45 day limit between LC approval and filing for I-140 and tried to disallow ppl who had filed for labor earlier to re-file under PERM and retain their PD. The immigration lawyers, like Murthy (there was an article posted on the murthy.com), fought that ammendment and got it dissolved. Why? Coz if there is a 45 day limit, then the lawyers and the companies have to move their behinds quickly (I for one think 45 days is AMPLE time to gather document), but they fought it nevertheless. Even if the UCSIS tries to actually help the common immigrant, these lawyers sometimes, to conserve their own interests, try to dissuade them. Think abt it, we have filed our I-140s, it does NOT take that long to gather documents.
Ever heard of "TMTOWTDI" (There's More Than One Way To Do It). Same thing applies for LC substitution as well. Question is WILL UCSIS do the TMTOWTDI ;-)
Knowing ppl i am sure they will find loopholes in that ammeded law as well. Everyone from immigration lawyers to companies are making a killing on the LC sub, the way it is right now. Big Q is will the UCSIS ammend a law which will be opposed even by immigration lawyers? UCSIS did try to eliminate labor substitution and also tried to impose a 45 day limit between LC approval and filing for I-140 and tried to disallow ppl who had filed for labor earlier to re-file under PERM and retain their PD. The immigration lawyers, like Murthy (there was an article posted on the murthy.com), fought that ammendment and got it dissolved. Why? Coz if there is a 45 day limit, then the lawyers and the companies have to move their behinds quickly (I for one think 45 days is AMPLE time to gather document), but they fought it nevertheless. Even if the UCSIS tries to actually help the common immigrant, these lawyers sometimes, to conserve their own interests, try to dissuade them. Think abt it, we have filed our I-140s, it does NOT take that long to gather documents.
45 day limit
Most companies have an immigration person doing the job. Companies that hire a whole lot of immigrants also have a proportionate legal team. I think the 45 day limit will automatically make lawyers quicker and sharper. Right now there is no need for them to do things quickly. Rigth now there IS no rush per se. SO both the HR of some companies and the legal department dont have to move it. If the 45 day limit is imposedm they will automatically do it quickly. Worst case scenarion if they dont have each and every doc, they can still file it, the case will be pushed back to them for an inquiry. It has happened to me and it gets resolved in less than a week.
Look guys the 45 day limit means ONE AND A HALF months. What documents can u not procure in a good 1 and a half months?? I think it significantly reduces the risk of selling LCs etc. That measure combined with allowing LC subs but NOT allowing transfer of PD will do a decent job of cutting "fraud" out of the picture.
Thoughts anyone?
Most companies have an immigration person doing the job. Companies that hire a whole lot of immigrants also have a proportionate legal team. I think the 45 day limit will automatically make lawyers quicker and sharper. Right now there is no need for them to do things quickly. Rigth now there IS no rush per se. SO both the HR of some companies and the legal department dont have to move it. If the 45 day limit is imposedm they will automatically do it quickly. Worst case scenarion if they dont have each and every doc, they can still file it, the case will be pushed back to them for an inquiry. It has happened to me and it gets resolved in less than a week.
Look guys the 45 day limit means ONE AND A HALF months. What documents can u not procure in a good 1 and a half months?? I think it significantly reduces the risk of selling LCs etc. That measure combined with allowing LC subs but NOT allowing transfer of PD will do a decent job of cutting "fraud" out of the picture.
Thoughts anyone?
labor_replace
Registered Users (C)
Guys
It should be like this
"Labor susb should be used within the company and not like what I am doing. I got another approved labor from another company 4 only 4k. I was surprised how this can be done as I work for another Desi company.
I double checked with my attorney and he said YES.
Now the other company made the money it lost but labor department is the loser now.
I am the winner.
Only GOD knows how this can be justified.
It should be like this
"Labor susb should be used within the company and not like what I am doing. I got another approved labor from another company 4 only 4k. I was surprised how this can be done as I work for another Desi company.
I double checked with my attorney and he said YES.
Now the other company made the money it lost but labor department is the loser now.
I am the winner.
Only GOD knows how this can be justified.
labor_replace said:
Exactly Nozdam, I think it should not be hard for the lawyers and comapnies to file I-140 within the given time.
Anyway, Since HR 4241 is on the table now for the debate on the House floor. We will come to know its fate shortly.
In anycase I would still love to fight for the Labor Sub elimination. What do you think...
loser
No Labor_replace,
Labor dept is NOT the loser. The rest of us who are waiting in queue are losers. No offence to you personally dude, but you are opposing the same action that you have committed yourself. Point is labor substitution will contnue till there are ppl ready to pay and get it done. To stop it the UCSIS/DOL will have to put it's foot down. Questions are:
a) Will they do it?
b) Will the immigration attorneys/companies let them?
Zain, let's solve one problem at a time. Right now raising the lc subs will confuse ppl. Let the HR/S bills get reconciled then lets see whats to be done. Hopefully we can apply for I-485 and retrogression gets eliminated.
No Labor_replace,
Labor dept is NOT the loser. The rest of us who are waiting in queue are losers. No offence to you personally dude, but you are opposing the same action that you have committed yourself. Point is labor substitution will contnue till there are ppl ready to pay and get it done. To stop it the UCSIS/DOL will have to put it's foot down. Questions are:
a) Will they do it?
b) Will the immigration attorneys/companies let them?
Zain, let's solve one problem at a time. Right now raising the lc subs will confuse ppl. Let the HR/S bills get reconciled then lets see whats to be done. Hopefully we can apply for I-485 and retrogression gets eliminated.
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45 days
Nozdam as I said I am all for labor substitution elimination but just imagine if your company messes up and fails to file your I140 within 45 days who will lose?Of course Us .They will say that they will file your labor again YOu lose your PD and have to wait indefinitly for your labor to approve.
Nozdam as I said I am all for labor substitution elimination but just imagine if your company messes up and fails to file your I140 within 45 days who will lose?Of course Us .They will say that they will file your labor again YOu lose your PD and have to wait indefinitly for your labor to approve.
labor_replace said:
You have the $$$ you spent it the way you want it . We are losers since we are waiting in line for years, Dept is not. Sorry but you would have helped us by saying NO to Labor Subs . I guess until we have ppl who just cares about themselves we are going to loose it.
iplay what i am saying is they WONT. They cant afford to, coz they lose money and a valuable person. Right now there is NO incentive to push things so ppl are relaxed.
Think abt this. Why do u meet deadlines? Coz u HAVE to else u'll be fired, or ur company may lose out on a contract etc. There is no choice BUT to do it on time. Right now neither the HR nor the lawyers have the incentive to move it. So the lawyers prioritise and we get lowest priority. If this becomes a time dependant thing, we will automatically get higher priority.
Think abt this. Why do u meet deadlines? Coz u HAVE to else u'll be fired, or ur company may lose out on a contract etc. There is no choice BUT to do it on time. Right now neither the HR nor the lawyers have the incentive to move it. So the lawyers prioritise and we get lowest priority. If this becomes a time dependant thing, we will automatically get higher priority.
45 day limit
I am saying this because my labor was approved last month.They informed me about the approval after 3 weeks.It took me around two week to gather the documents and pass it to the HR.The documents are still with the HR and God knows when they will pass it to the attorney and after that when he is going to file my I140.My company's HR aswell as my lawyer both are disorganized and they don't care whether I get my GC or not.And if 45 day limit passes ,say tommorrow ,I am doomed.This is just my case and I know that there are many companies out there whose HR is very organized and would file within 45 days but then again there are others.
I am saying this because my labor was approved last month.They informed me about the approval after 3 weeks.It took me around two week to gather the documents and pass it to the HR.The documents are still with the HR and God knows when they will pass it to the attorney and after that when he is going to file my I140.My company's HR aswell as my lawyer both are disorganized and they don't care whether I get my GC or not.And if 45 day limit passes ,say tommorrow ,I am doomed.This is just my case and I know that there are many companies out there whose HR is very organized and would file within 45 days but then again there are others.
Iplay i agree with you that they may be disorganized. Some of my friend have that same problem. The point is if it passes tomorrow, they wont cut everyone off at source, they will give notice. At some stage we are all going to have to push our various HRs/Lawyers. I know this is a difficult task. I am not even fixed on the "45 days" make it 2 months or so max but put a reasonable short time limit.
Actually the problem has gone out of control..
I will give U a live example:
Guy ABC ... has got labor approved .. and got 140 approved. Now he has PD of 2003. Since he is from retro affected country and EB-3 .. He knows its a long long wait.
In order to beat the retrogression -- he shops around for better deal. A company XYZ says it has labor of 2000. Guy ABC grabs it ... for a price, and files 140 .. his another 140 gets approved .. but he transfers the 2nd labors PD to his first labors PD .. So now he has the PD of 2000.
Meanwhile he submits the AC21 and so has no strings attached to Company XYZ. Company XYZ to looks out for another guy to fill in the vacant labor.
This is not an isolated incidence --- this is going on in mass...
So every November --- expect the PD date to rollback to 2000 level as the 2000 labor will never be consumed .. as long as the company smartly pays its cards.
May be this might be good for many guys --- that might be one of the reason why people are pushing around to file 485 even if retrogressed. The 180 days rule of AC-21 has created this 'labor rush era'... and there is/was a big push to make this happen.
All this is discussed in detail in the thread and look out for comments made by unnitedNations on this issue.
Surge of Older PD's
I will give U a live example:
Guy ABC ... has got labor approved .. and got 140 approved. Now he has PD of 2003. Since he is from retro affected country and EB-3 .. He knows its a long long wait.
In order to beat the retrogression -- he shops around for better deal. A company XYZ says it has labor of 2000. Guy ABC grabs it ... for a price, and files 140 .. his another 140 gets approved .. but he transfers the 2nd labors PD to his first labors PD .. So now he has the PD of 2000.
Meanwhile he submits the AC21 and so has no strings attached to Company XYZ. Company XYZ to looks out for another guy to fill in the vacant labor.
This is not an isolated incidence --- this is going on in mass...
So every November --- expect the PD date to rollback to 2000 level as the 2000 labor will never be consumed .. as long as the company smartly pays its cards.
May be this might be good for many guys --- that might be one of the reason why people are pushing around to file 485 even if retrogressed. The 180 days rule of AC-21 has created this 'labor rush era'... and there is/was a big push to make this happen.
All this is discussed in detail in the thread and look out for comments made by unnitedNations on this issue.
Surge of Older PD's
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nozdam said:
This cant happen -- the PD -- the day labor was filed drives the ability to pay issue.
So as of now the employer has to show that he can pay the promised wages since his fiancial health on the day of filing labor is strong.
So the PD's will always be -- date on which labor was filied.