Surge of Older PD’s

E

eBhola

Registered Users (C)
Surge of Older PD’s
​
AC-21 was good for us … gave a sort of great freedom to look for better jobs... freedom to hop around before one gets that dream card.

Well, the employers were happy too … as soon as the guy left the company using AC-21... they quicky learnt the trick of luring in new employee showing the pre-approved labor.Lot of guys was lured in... Some employer charged a hefty sum for the favor; some paid a lower salary…

Ok till now it worked well for both the employee and employer… every one is happy to some extent.

But this trend has caused a surge on older PD’s …. The guys who cut short stands to gain... and guys who waited in for labor to get approved …. Well for him the wait might be longer.

Lately USCIS has become very efficient (to some extent) on approving 140... This has caused this problem to compound even further… The same guys who used the substitution labor to get 140 … jumped to another company using AC-21.The employer gets another new guy in…. and the cycle goes on.

This by example:

Dave works for ABC LLC … get labor approved and files in 140 and 485... Say his PD is 1/1/2002. Moves to another company using AC21.
ABC LLC gets another guy Pandey who applies for 140 & 485 using Dave’s labor... so he gets the PD of 1/1/2002. After 6 months he gets 140 approved and later moves to another company using AC-21 … Company ABC LLC hires another guy and so he gets the PD of 1/1/2002 too.

Meanwhile Guy from M&M applies for labor in 1/1/2003... Waits his turn at labor... applies for 140 and 485 and what... his PD is 1/1/2003... In the world of retrogression... this guy is stuck … all other (smarter) guys who used Substitution labor have effectively moved up the ladder.

This whole process has created a big surge in guys whose PD are somewhere in between 2000 to 2002... Both in EB2 and EB3 categories.

The USCIS in the beginning of each fiscal year does a re-order of all the documentary qualified application… They actually reorder by when the application became qualified but when it comes to approval for retro effected countries... PD is what will govern the end game. The multi PD generated by a single labor might cause the genuine guy waiting in the line to cascade down even further …..

So for most .. the longer U wait in the line for Ur date to become current --- you are actually moving backwards as new guys are coming in with better PD's.

Is AC-21 a boon or curse?
 
Depends on which side of the fence you are on

:cool:
eBhola said:
Surge of Older PD’s
​
AC-21 was good for us … gave a sort of great freedom to look for better jobs... freedom to hop around before one gets that dream card.

Well, the employers were happy too … as soon as the guy left the company using AC-21... they quicky learnt the trick of luring in new employee showing the pre-approved labor.Lot of guys was lured in... Some employer charged a hefty sum for the favor; some paid a lower salary…

Ok till now it worked well for both the employee and employer… every one is happy to some extent.

But this trend has caused a surge on older PD’s …. The guys who cut short stands to gain... and guys who waited in for labor to get approved …. Well for him the wait might be longer.

Lately USCIS has become very efficient (to some extent) on approving 140... This has caused this problem to compound even further… The same guys who used the substitution labor to get 140 … jumped to another company using AC-21.The employer gets another new guy in…. and the cycle goes on.

This by example:

Dave works for ABC LLC … get labor approved and files in 140 and 485... Say his PD is 1/1/2002. Moves to another company using AC21.
ABC LLC gets another guy Pandey who applies for 140 & 485 using Dave’s labor... so he gets the PD of 1/1/2002. After 6 months he gets 140 approved and later moves to another company using AC-21 … Company ABC LLC hires another guy and so he gets the PD of 1/1/2002 too.

Meanwhile Guy from M&M applies for labor in 1/1/2003... Waits his turn at labor... applies for 140 and 485 and what... his PD is 1/1/2003... In the world of retrogression... this guy is stuck … all other (smarter) guys who used Substitution labor have effectively moved up the ladder.

This whole process has created a big surge in guys whose PD are somewhere in between 2000 to 2002... Both in EB2 and EB3 categories.

The USCIS in the beginning of each fiscal year does a re-order of all the documentary qualified application… They actually reorder by when the application became qualified but when it comes to approval for retro effected countries... PD is what will govern the end game. The multi PD generated by a single labor might cause the genuine guy waiting in the line to cascade down even further …..

So for most .. the longer U wait in the line for Ur date to become current --- you are actually moving backwards as new guys are coming in with better PD's.

Is AC-21 a boon or curse?
Click to expand...
 
eBhola said:
Surge of Older PD’s
​
Dave works for ABC LLC … get labor approved and files in 140 and 485... Say his PD is 1/1/2002. Moves to another company using AC21.
ABC LLC gets another guy Pandey who applies for 140 & 485 using Dave’s labor... so he gets the PD of 1/1/2002. After 6 months he gets 140 approved and later moves to another company using AC-21 … Company ABC LLC hires another guy and so he gets the PD of 1/1/2002 too.
Click to expand...

Correct me if I'm wrong.
PD for substitute labor is the date I140 is filed for each person. They do
not take over original PD. Is there any special rule for specific case ?
 
Last edited by a moderator:
Yes they do indeed take over the old PD.

The good news is that they will terminate labor substitution I believe end of this this year. So this nasty unspeakable trick will end in two three months.

There is one thread in the I140 discussions that's specifically about this type of abuse. Some people are jumping one from another endlessly in search of an earlier priority date.

It is disgusting.
 
AFAIK, CIS always uses the original labor filing date for all labor susbtions.
I wonder what is the record for numbers of 485 approved with a single LC.
I guess Shiela Murthy can consider this as another "benefit" of retrgression for her and fellow scumbags :D
 
One LC can only be used by one I140. Employer cannot reuse a LC for another person unless the I140 is revoked.
 
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