Surge of Older PD’s
- Thread starter eBhola
- Start date
dcmetro22042
Registered Users (C)
My 140 was changed from EB2 to EB3 due to lawyer/HR mistake. But since my 140 was approved as well and my 485 is pending...I can't do anything right? I am royally scr*** right? Have to wait for 485 EB3 to get to my PD or start all over, right? Prob is that I am already on my 7th yr on H1B. Any suggestions or that I HAVE to play the WAIT game now...maybe for years?
Well, I guess the point over here is -- There is no need to reapply 140 with a better PD for mid 2002 case -- to gain an earlier Green Card.
There is a good chance again -- to get the 140 approved sooner for mid 2002 cases -- remember thats the point where we left off before this retrogression thing all began.
Stuck in 2001 for YEARS -- why do U say that ?
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weigoodone1
Registered Users (C)
Advice needed from Unitednations!
UN:
I am in an exactly situation which you mentioned about file a new EB2 while EB3 is retrogress. I filed EB3 around three years ago, now I have my advanced degree, so I do can file EB2 now.
In your suggestion, you mentioned after EB2 I-140 approved, and wait until the EB2 become current, then file a new I-485 using the old EB3 priority date.
I am confused a little about waiting for EB2 become current. If I am using my EB3 priority date, why do I need wait for EB2 become current?
Thank you for you help!
Eb3, China.
PD: 2003.
UN:
I am in an exactly situation which you mentioned about file a new EB2 while EB3 is retrogress. I filed EB3 around three years ago, now I have my advanced degree, so I do can file EB2 now.
In your suggestion, you mentioned after EB2 I-140 approved, and wait until the EB2 become current, then file a new I-485 using the old EB3 priority date.
I am confused a little about waiting for EB2 become current. If I am using my EB3 priority date, why do I need wait for EB2 become current?
Thank you for you help!
Eb3, China.
PD: 2003.
PD for Retro Countries
As I was reading thru some of the articles in this forum...
I noticed that some guys have backup GC's .. what does that mean ... does that mean that they have 2 parallel process going on ... In such case if one gets approved then the other one should be abandoned ... right.
And what about the poor guys who lost there application from Cyber and other companies .... they number in 1000's ..
When the above guys are off the list ... don't U think the PD for some of retro countries should move fast in comming future?
As I was reading thru some of the articles in this forum...
I noticed that some guys have backup GC's .. what does that mean ... does that mean that they have 2 parallel process going on ... In such case if one gets approved then the other one should be abandoned ... right.
And what about the poor guys who lost there application from Cyber and other companies .... they number in 1000's ..
When the above guys are off the list ... don't U think the PD for some of retro countries should move fast in comming future?
Back Log Center Labor
The unapproved labor which is sitting on the shelf of Backlog center -- seems to have become a gold mine for some.
I came across an interesting situation -- may be its just a fluke that it happened.
Guy A applied for labor in 2004 and it went to Backlog center ... meanwhile he is going on his H1b... which is valid for another 2 year or so [2008].
Meanwhile Guy B joins his company -- desparate for H1b extension and has no pending labor to fall back on and is on the brink of 6 years on H1b.
Guy B uses Guy A's labor and files for H1b extension --- he gets approved ---
Meanwile Guy B also files for his own labor ...
If everything falls in line -- guy B after his labor gets approved will switch back to his own labor and follow the entire process... Guy B later -- when the labor gets approved [ ... ] will take it to file 140 and 485.
Looks possible right --- and I guess no one is breaking any rules out here ... Guy B piggy backs on Guys A labor only for short time ......
Wonder if Guy C can also Piggyback on GuyA labor to get extension too -- once Guy B goes on his own labor?
The unapproved labor which is sitting on the shelf of Backlog center -- seems to have become a gold mine for some.
I came across an interesting situation -- may be its just a fluke that it happened.
Guy A applied for labor in 2004 and it went to Backlog center ... meanwhile he is going on his H1b... which is valid for another 2 year or so [2008].
Meanwhile Guy B joins his company -- desparate for H1b extension and has no pending labor to fall back on and is on the brink of 6 years on H1b.
Guy B uses Guy A's labor and files for H1b extension --- he gets approved ---
Meanwile Guy B also files for his own labor ...
If everything falls in line -- guy B after his labor gets approved will switch back to his own labor and follow the entire process... Guy B later -- when the labor gets approved [ ... ] will take it to file 140 and 485.
Looks possible right --- and I guess no one is breaking any rules out here ... Guy B piggy backs on Guys A labor only for short time ......
Wonder if Guy C can also Piggyback on GuyA labor to get extension too -- once Guy B goes on his own labor?
Last edited by a moderator:
jkvaisnavi
Registered Users (C)
nonogc said:
Nonogc is right, to add into it...
If B uses A's labor then he has to use A's labor to apply 140/485 so B gets benefited with the A's PD.
A has to either apply for a fresh labor or he can use B's labor and he loose his PD and wait for long time with the retrogression..
jkvaisnavi said:
As of now -- only the Guy B getting his h1b extended based on Guy A's labor is done. And I think Guy B's attorney has already filed for a fresh labor for Guy B too...
There plan is to get Guy B past his labor ... and they hope that his labor will get approved faster thru PERM than one he is currently using which is in Backlog center.
Essentially according to them .. Guy A is just giving his labor on LOAN... wow.
Lets see how it goes thru ... if Guy A is able to reclaim his labor .... they say there is no rule which prohibits Guy A from reclaiming his own labor.
Looks pretty complex for me.
Will Substitution go away?
Will Substitution go away?
The U.S Department of Labor today announced proposed rule changes to combat fraud in the certification of non-U.S. citizens for permanent employment- based residence in the United States.
Proposed changes include the elimination of the current practice of allowing the substitution of alien beneficiaries on permanent labor certification applications as well as on approved labor certifications. The package of changes seeks to clarify and add procedures for the debarment of any employer found to be acting fraudulently. Provisions also expressly call for the prohibition of the sale, barter or purchase of permanent labor applications and certifications and other related payments.
The proposed changes will appear in the Feb. 13, 2006 edition of the Federal Register. There is a 60-day period for public comments.
Will Substitution go away?
The U.S Department of Labor today announced proposed rule changes to combat fraud in the certification of non-U.S. citizens for permanent employment- based residence in the United States.
Proposed changes include the elimination of the current practice of allowing the substitution of alien beneficiaries on permanent labor certification applications as well as on approved labor certifications. The package of changes seeks to clarify and add procedures for the debarment of any employer found to be acting fraudulently. Provisions also expressly call for the prohibition of the sale, barter or purchase of permanent labor applications and certifications and other related payments.
The proposed changes will appear in the Feb. 13, 2006 edition of the Federal Register. There is a 60-day period for public comments.
The Lawyers will never let it go away
The immigration Law community backed by Desi Bhadwaas will not let the Labor substitution go away.
This is huge thing for the Consulting companies and their lawyers. They are going to fight tooth and nail against even any kind of modification to the current rule, let alone abolishing it completely.
The most important thing with LS is the PD. Allocating the PD of the Original Labor Filing is the most damaging aspect of Labor Substitution. I am sure that removing this rule will in itself make Labor Subsitution useless for most.
And I am sure the Lawyer community will fight against this also.
I am not very hopeful about any modification to Labor Subsitution. But if miracle happens then I am all for it.
neo
eBhola said:
The immigration Law community backed by Desi Bhadwaas will not let the Labor substitution go away.
This is huge thing for the Consulting companies and their lawyers. They are going to fight tooth and nail against even any kind of modification to the current rule, let alone abolishing it completely.
The most important thing with LS is the PD. Allocating the PD of the Original Labor Filing is the most damaging aspect of Labor Substitution. I am sure that removing this rule will in itself make Labor Subsitution useless for most.
And I am sure the Lawyer community will fight against this also.
I am not very hopeful about any modification to Labor Subsitution. But if miracle happens then I am all for it.
neo
Proposed Changes to Sub Labor
Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity; Proposed Rule
First, DOL is proposing to eliminate the current practice of allowing the substitution of alien beneficiaries on permanent labor certification applications and resulting certifications.
Second, DOL is proposing a 45-day period for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security, United States Citizenship and Immigration Services (DHS).
Third, the proposed rule expressly prohibits the sale, barter, or purchase of permanent labor applications and certifications, as well as other related payments.
Finally, the proposed rule includes provisions highlighting existing law pertaining to submission of fraudulent or false information, clarifying current DOL procedures for responding to possible fraud, and adding procedures for debarment from the permanent labor certification program.
Read them in details at :
Proposed Changes to Sub Labor
http://frwebgate6.access.gpo.gov/cg...SdocID=927414352423+0+0+0&WAISaction=retrieve
Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity; Proposed Rule
First, DOL is proposing to eliminate the current practice of allowing the substitution of alien beneficiaries on permanent labor certification applications and resulting certifications.
Second, DOL is proposing a 45-day period for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security, United States Citizenship and Immigration Services (DHS).
Third, the proposed rule expressly prohibits the sale, barter, or purchase of permanent labor applications and certifications, as well as other related payments.
Finally, the proposed rule includes provisions highlighting existing law pertaining to submission of fraudulent or false information, clarifying current DOL procedures for responding to possible fraud, and adding procedures for debarment from the permanent labor certification program.
Read them in details at :
Proposed Changes to Sub Labor
http://frwebgate6.access.gpo.gov/cg...SdocID=927414352423+0+0+0&WAISaction=retrieve