please help-substituted labor, PD current, single guy

Hi mvcl,
I am really not sure! In my case our company lawyers did the match and requested that I get a supporting letter for a course which was being used as a skill. Salary was not an issue in my case. Sorry, I couldnt be of more help. 2K doesnt seem that big a deal...you may want to check with some lawyers...

Best wishes!
 
mvcl said:
doesitmatter/pdman,

I have read your thread about LC substituon, do you mind if I ask you a question since you have used LC substitution? I've got a pre-approved LC, its salary is lower than my current salary, but 2k higher than mine when this LC was filed, do you know if this would be a problem for substitution?

thanks!
Click to expand...
Mine was a EB3 substitution as well. LC had 3K more than what I currently get. My I140 is approved. So, you should be fine too.
 
Hello arouncoumar/mvcl/doesitmatter/pdman,

Anybody tell how to read the PD of the LC on the certified LC? Is it the date in LO column or SO column. I see two different dates spanning 6months between these two columns. And I a stamp on the top corner of the certification that says RECEIVED and a date and DOL Alien Labor Certificatioin. Which is considered as Priority Date? If you know any details please share.
 
DOL has a cover letter titled "FINAL DETERMINATION". It says xx/xx/xxxx as date of acceptance for processing and the same date is in LO column. So, I believe thats the one.
 
doesitmatter,

If you plan to apply 485 now, what steps have you come up with to delay the process eg: postpone FPs.. My PD is not current but expecting it to be in the next 3-4 months. Trying to be prepared.
 
aruncoumar,
I take it that you are single too... :) Well, postponing FP is the only option from what I know but our lawyers dont recommend it, but apart from that no options. My company has a large immigrant population, hence we have our own lawyers etc... and so they will submit 485 with all docs in place. So cant submit incomplete set of docs etc in my case. So, I dont have many options on stretching things out. Either dont file or file and be prepared to get 485 cleared.

Thanks!
 
doesitmatter said:
aruncoumar,
I take it that you are single too... :) Well, postponing FP is the only option from what I know but our lawyers dont recommend it, but apart from that no options. My company has a large immigrant population, hence we have our own lawyers etc... and so they will submit 485 with all docs in place. So cant submit incomplete set of docs etc in my case. So, I dont have many options on stretching things out. Either dont file or file and be prepared to get 485 cleared.

Thanks!
Click to expand...

Doesitmatter,

Regarding PD, since they accepted my 485 application so it seems that they have accepted the old labor filing as the PD. But you can never be sure with uscis.

Is there any updates to your LUD recently?
Mine says April 13th. Hasn't changed since then.

Pdman
 
No news on mine. LUD is still 4/11. One lucky guy from applied from IL on April 3 and had his case forwarded from NSC->TSC like mine already has got his approval. Lets see if I get lucky!

Good to know that your sub labor 485 app has been accepted. Since my I-140 receipt has been received I can technically apply for 485, based on my lawyers rule:) My self imposed deadline on filing 485 is coming to end this week. So far I am leaning towards filing the 485...
 
doesitmatter said:
No news on mine. LUD is still 4/11. One lucky guy from applied from IL on April 3 and had his case forwarded from NSC->TSC like mine already has got his approval. Lets see if I get lucky!

Good to know that your sub labor 485 app has been accepted. Since my I-140 receipt has been received I can technically apply for 485, based on my lawyers rule:) My self imposed deadline on filing 485 is coming to end this week. So far I am leaning towards filing the 485...
Click to expand...

Yes I saw the post of that guy in NSC tracker. But his was not a substitute case like ours :)
Yeah your I-485 is a little tricky one. Think hard before you file it. Also keep in mind that dates might start going backward.
 
pdman said:
Yes I saw the post of that guy in NSC tracker. But his was not a substitute case like ours :)
Yeah your I-485 is a little tricky one. Think hard before you file it. Also keep in mind that dates might start going backward.
Click to expand...

If this becomes law then this could be bad for us:

Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider

The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences.
 
I also saw this intepretation yesterday, it's something to worry about for LC substitution guys like us, though my lawyer think it's okay as long as I-140 is filed before the effective date of the final rule, nobody is for sure unless labor department clarigies the meaning in the final rule.



pdman said:
If this becomes law then this could be bad for us:

Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider

The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences.
Click to expand...
 
I agree, it would be bad if they start denying pending applications based on this rule(if this comes into play)


mvcl said:
I also saw this intepretation yesterday, it's something to worry about for LC substitution guys like us, though my lawyer think it's okay as long as I-140 is filed before the effective date of the final rule, nobody is for sure unless labor department clarigies the meaning in the final rule.
Click to expand...
 
Oh no! This never gets easy does it! Doesnt look good. I would greatly appreciate if you guys can clarify the following for me

1. Where did you get this info?

2. As long as underlying H1 is valid (until 2007 Aug in my case), this rule shouldnt affect the ability to work here right? This rule, if it becomes official, just kills the immigration petition right?

3. Pdman, you mentioned that labor subs take longer for I-140 processing. Is this true...meaning are there any additional steps for us, compared to regualar I-140s?

4.Any idea when this rule is expected to become official? If they dont segregate labor subs, it seems like we may get ours done in a month or two at the current pace...

Good luck to all of us! Must be prepared to go back to the BEC forums :)
 
See my replies in your quoted message

doesitmatter said:
Oh no! This never gets easy does it! Doesnt look good. I would greatly appreciate if you guys can clarify the following for me

1. Where did you get this info?
--This was in Immigration-law.com news.

2. As long as underlying H1 is valid (until 2007 Aug in my case), this rule shouldnt affect the ability to work here right? This rule, if it becomes official, just kills the immigration petition right?
-- I believe this rule does not have to do anything with H1. You can always work till your H1 is valid irrespective of immigration petition.

3. Pdman, you mentioned that labor subs take longer for I-140 processing. Is this true...meaning are there any additional steps for us, compared to regualar I-140s?
-- My lawyer told me that there is no additional steps. It is processed like any other I140 petition. I don't know what is really the case.

4.Any idea when this rule is expected to become official? If they dont segregate labor subs, it seems like we may get ours done in a month or two at the current pace...
-- From what I read and heard is that it might take 3-4 months before any decision will be taken on this one. But I would suggest talk to your lawyer and get his views about it. Lawyers know the best. I hope we get done fast. NSC is slow, SRC seems to be working day and night. No LUDs after 4/13 for me as well.

Good luck to all of us! Must be prepared to go back to the BEC forums :)
Click to expand...

Let me know if you get more info on this labor sub processing and new rule.

pdman
 
Thanks pdman. I am really glad that I am sharing this frustrating but hopefully rewarding journey with you :) Well, I just asked my lawyers to start preparing my I-485 docs and they agreed. They did not object or anything citing this (atleast yet).

This article is actually quite strange. The original proposal actually did not have anything to do with USCIS. It was all with respect to DOL and requesting sub thro DOL. They were planning a 45 day limit on labor validity.
This article goes off on a tangent mentioning about clauses etc on "Approved labor sub" etc...very wierd. I dont know how authentic these guys are...lets wait and see if it shows up in any of the other websites like murthy or immiportal. When its bad news...lets hope its not authentic.

yeah I have seen a few approvals from TSC and not much from NSC. I think its because of the glut of I-140;s they are receiving from across the country...especially with Perm and all...

Lets hope ours comes thro this month man! I really dont wanna go back to BEC forum where I havent received 45 day letter yet :)
 
Yeah get your 485 going. I just got my and my wife's EAD approved today.
The big one is 140, mine is concurrent so it might take more time. Lets keep our fingers crossed.




doesitmatter said:
Thanks pdman. I am really glad that I am sharing this frustrating but hopefully rewarding journey with you :) Well, I just asked my lawyers to start preparing my I-485 docs and they agreed. They did not object or anything citing this (atleast yet).

This article is actually quite strange. The original proposal actually did not have anything to do with USCIS. It was all with respect to DOL and requesting sub thro DOL. They were planning a 45 day limit on labor validity.
This article goes off on a tangent mentioning about clauses etc on "Approved labor sub" etc...very wierd. I dont know how authentic these guys are...lets wait and see if it shows up in any of the other websites like murthy or immiportal. When its bad news...lets hope its not authentic.

yeah I have seen a few approvals from TSC and not much from NSC. I think its because of the glut of I-140;s they are receiving from across the country...especially with Perm and all...

Lets hope ours comes thro this month man! I really dont wanna go back to BEC forum where I havent received 45 day letter yet :)
Click to expand...
 
There is a time estimation on this LC subsitution elimination rule on the same website just down a few paragraphs, hope USCIS and DOL proceed as slow as they usually are so we can get our I-140s approved by then.

04/24/2006: Labor Sustitution Elimination Rule-Making Agenda of DOL and USCIS

This policy requires the rule-making by the two agencies: U.S. Deparment of Labor and USCIS of DHS. DOL has already published the proposed regulation to eliminate the labor certification application substitution and the comment period even ended on April 14, 2006. However, interestingly enough, the USCIS rule-making agenda for this proposed regulation reveals a quite different schedule from the Labor Department. According to the just released next six-month Semi-Annual Rule Making Agenda of USCIS, this proposed rule is planned to be released not until July 2006 and the comment period is planned to be ended in September 2006. This is just a plan and the USCIS can change its agenda and advance the rule making process, but as it stands now, the rule-making agenda of the "proposed" regulation to eliminate the labor certification substitution and to impose 45-day cap on the validity of the certified labor certification applications appears to be something that may not happen within this FY 2006 (09/30/2006). Besides, the Labor Department has yet to release the total number of comments received before the end of comment period, but it is a wild educated guess that the agency might have received a huge number of comments and will take a substantial period of time to review and make a decision on all of these comments after coordination with other agencies including the USCIS. Please stay tuned.
 
Thanks mvcl. This is good news! I feel better. :)

mvcl said:
There is a time estimation on this LC subsitution elimination rule on the same website just down a few paragraphs, hope USCIS and DOL proceed as slow as they usually are so we can get our I-140s approved by then.

04/24/2006: Labor Sustitution Elimination Rule-Making Agenda of DOL and USCIS

This policy requires the rule-making by the two agencies: U.S. Deparment of Labor and USCIS of DHS. DOL has already published the proposed regulation to eliminate the labor certification application substitution and the comment period even ended on April 14, 2006. However, interestingly enough, the USCIS rule-making agenda for this proposed regulation reveals a quite different schedule from the Labor Department. According to the just released next six-month Semi-Annual Rule Making Agenda of USCIS, this proposed rule is planned to be released not until July 2006 and the comment period is planned to be ended in September 2006. This is just a plan and the USCIS can change its agenda and advance the rule making process, but as it stands now, the rule-making agenda of the "proposed" regulation to eliminate the labor certification substitution and to impose 45-day cap on the validity of the certified labor certification applications appears to be something that may not happen within this FY 2006 (09/30/2006). Besides, the Labor Department has yet to release the total number of comments received before the end of comment period, but it is a wild educated guess that the agency might have received a huge number of comments and will take a substantial period of time to review and make a decision on all of these comments after coordination with other agencies including the USCIS. Please stay tuned.
Click to expand...
 
You must log in or register to reply here.
Top