USCIS Intends to Propose to Remove L/C Substitution and to Require I-140 Filing Withi

This may lead to more scrutiny on Employer and credentials of substitute person for already substituted cases. Its a welcome move that USCIS is planning on banning labor substitution.
 
Abt the news

gcemail2004 said:
www.immigration-law.com
breaking news

Will this affect existing ppl who have used subst labor and 140 and 485 is pending
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Does it affects people who already used sub labour??????????????????

can anyone please update. :confused: does uscis know that the labour is sub labour or original
 
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This is definitely a Welcome move. No one should be allowed to cut into the line where people are waiting for long time with their original labor certifications.

:cool:



catch_22_4_GC said:
This may lead to more scrutiny on Employer and credentials of substitute person for already substituted cases. Its a welcome move that USCIS is planning on banning labor substitution.
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I do not think it would affect already filed cases, especially if the I-140 has been approved.

USCIS can find out if the case is a substitution case because the beneficiary name on the LC would be different from the I-140 applicant.
 
get_gc04 said:
This is definitely a Welcome move. No one should be allowed to cut into the line where people are waiting for long time with their original labor certifications.

:cool:
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Well, it is easy to blame one group of people. But do understand the reasons for them opting for substitue labor. Sometimes, it is not for cutting into the line.
It's good that ur labor was approved and had no other complications.....
 
Microdev1,

I understand the problems in the whole process and sometimes genuine people also suffer due to a bunch of so called smart(?) people who pay the money to the companies to get approved labors with much earlier priority dates and then they manage to get the 140/485 approvals much before the ones who are waiting with own labor. So if you are the one who is genuine and somehow couldn't get the labor done, my sympathies are with you and hope you get the success. I don't want to hurt anyone's feelings. Please don't take it personally.



microdev1 said:
Well, it is easy to blame one group of people. But do understand the reasons for them opting for substitue labor. Sometimes, it is not for cutting into the line.
It's good that ur labor was approved and had no other complications.....
Click to expand...
 
it's irrelevant

Hey, it's just proposal. There is long way to go to be practice if it could be. Whether it's good for oringinal labour guys or bad for sub labour guys, it's irrelevant to people in this I-140/I-485 forum. What're you arguing about?
 
This is not just a proposal anymore. Latest news is USCIS and DOL have come to a consensus on this issue and will move ASAP to stop backlog LC's from being used for substitution labor and thereby clogging an already inefficient system. It does not require a law to change this and would be just a DOL/USCIS memo.
 
get_gc04 said:
Microdev1,

I understand the problems in the whole process and sometimes genuine people also suffer due to a bunch of so called smart(?) people who pay the money to the companies to get approved labors with much earlier priority dates and then they manage to get the 140/485 approvals much before the ones who are waiting with own labor. So if you are the one who is genuine and somehow couldn't get the labor done, my sympathies are with you and hope you get the success. I don't want to hurt anyone's feelings. Please don't take it personally.
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Neither 140 nor 485 are processed by PD so what is your opposition to all this? If your 485 or 140 is already filed you are technically ahead of the curve.

I have mixed feelings about this because this will hurt some genuine cases but it wall also put an end to this LC selling which some rouge companies are doing - particularly some sleazy body shoppers.

-cal_gc
 
Gurus.
here is my story
I got a sub labor in early 2004 . and i filed my 140 in 2004. I lost my project this week and I was calculating that my employer has already made a net profit 80K over the last 2 years . I got a RFE of my I-140 in dec,2004 . and they replied in Feb'2005. and still i did not get any response from INS . So when I saw this breaking news . I wonder ( i know i cant do anything more about this)

1- will my I-140 is going to be rejected based on this recent devlopment.
2- As It is already over 90 days since the RFE is received by INS . should I ask my Attorney to follow up on the case.?

Any info will be very helpful for me

Thanks in advance.
 
Huh!

Huh!

--------------------------------------------------------------------------------

And what about all those who already got it using Labor sub.. as per you they all should be robbed off their cards as well.. Just because some you happen to get it as per the rules you like, you cant hate some for getting it as per the rules that THEY like..

I am working for the same company for last 4 years.. Company wanted to file my labor.. prepared all the docs.. In th end changed policy because they laid off some people citing the economy of that time(2001-2002). So my company stictly folled the DOL guidelines and didn't apply my labor as I had plenty of time left on H-1.

Now when I was about to read my 6th year, company wants to keep me.. Options - Use sub labor. And they did that..

What did I do wrong? And what did my company do wrong? Did I jump the queue.. NO.

And remember, when lots of citizens were laid off during the bad times.. you guys applied for labor.. Ask yourself whether you really respected all rules.. did you really try to hire locals.. Surely not in all the cases..

However I dont sympathise with the companies who sell labor and exploit people.. But I still symphathise with ALL those who use it..

Cant they have a checkbox.. that company decare under the penalty of perjury that they have not used this labor for more than one applicant at any given time and if I-140 is approved, just lock the labor and throw away the key..
__________________
I-140(ND 01/18/05, LUD 01/21/05)
Yet to file I-485(Currently preparing)
 
Your company did not file your labor initially because it has laid off employees, which clearly proves that there was no demand for a foreign worker to offset an american worker. So your company did the right thing by not filing your LC and playing by the rules.

However, at the end of your 6th year, if they suddenly use a substitution LC to keep you on board, they clearly are violating the good faith intent of the earlier LC. The earlier LC was approved by DOL based on labor conditions on the date of application and for a different beneficiary and NOT for your company's demand as of today. If your company still feels that they need you they should file a fresh labor in your name and today's date. So please do not justify your means.

And did I hear somewhere that H1 is a non-immigrant visa ??? Huh
 
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com'on guys/gals.

Let's stop fighting for such issues.
Both sides have valid points. futher it really does not matter what we think. Only what INS (USCIS) thinks counts.

Lets collectively do constructive things instead of arguing

These are my thoughts and please do not start discussions on my post
 
Guys, if you don't have useful info to post or discuss please go and spend some time with your kids. This is all wastage of time.

peace..
 
Catch 24 gc

Well, Company Comp applied for a person A's labor Sub. Ofcourse the person was important. Company had person B who was a fit in a big team but not so once the thing started running and team does not not need B any more. Now person B is laid off. A leaves(Gets a better job somewhere -- because he is good and Good ones are neede everywhere). Now person X fits A's position and is important as A. X uses A's Labor after approval. How does it go against the rules. And company laid of people in 2002.. Not in 2005.
Get it?
 
Good move

Some people were waiting for four years to get labor approval and others just use lab substitute and get GC in 6 months. What a fair world.
Their might be some genuine cases but it is misused in many places. This misuse starts from big corporations to consulting companies. Most of us know that there are many consulting firms are trying to sell substitute labor. This is a big scam. Just think those who applied labor after 05/2001. SWA took more than 10 months to approve and forward to DOL and DOL stop approving cases for one year. Then they had asked employer to retest the market for first set of causes and other set of causes just auto remanded to state. Finally they come up with a policy on 11/21/2003 and recalled only auto remanded cases. At lease some of our friend got benefited from this ruling. Just think about employee remanded cases. They are still with SWA (transferred to central processing center as NON RIR cases). I am very sorry about them. They spend more than four years in labor. Many big corporations are not ready to retest the market when there was bad economic condition and at war time. I can understand and agree with DOL for delaying approval when employment is very bad. But I don’t understand how they could allow labor substitutions when there is a bad labor conditions. Unfair world.
I am very sorry if this posting hurt any reader.
 
you are making a good point emotionally but there is one clear thing - labor cert. considers the climate when the recruitment happens...that is/was the law and we have to deal with it. it doesn't mater what the name of the person is. if the person has 10 yrs of java then he/she is just as good as another who has 10 yrs of java exp. if that is not true then it is called discrimination...

if you know a labor was sold - then report it. we can't just bitch and moan abt it but do nothing. i may be guilty of it too - blaming the system. others live and work in it and succeed.

raghu2002 said:
Some people were waiting for four years to get labor approval and others just use lab substitute and get GC in 6 months. What a fair world.
Their might be some genuine cases but it is misused in many places. This misuse starts from big corporations to consulting companies. Most of us know that there are many consulting firms are trying to sell substitute labor. This is a big scam. Just think those who applied labor after 05/2001. SWA took more than 10 months to approve and forward to DOL and DOL stop approving cases for one year. Then they had asked employer to retest the market for first set of causes and other set of causes just auto remanded to state. Finally they come up with a policy on 11/21/2003 and recalled only auto remanded cases. At lease some of our friend got benefited from this ruling. Just think about employee remanded cases. They are still with SWA (transferred to central processing center as NON RIR cases). I am very sorry about them. They spend more than four years in labor. Many big corporations are not ready to retest the market when there was bad economic condition and at war time. I can understand and agree with DOL for delaying approval when employment is very bad. But I don’t understand how they could allow labor substitutions when there is a bad labor conditions. Unfair world.
I am very sorry if this posting hurt any reader.
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MadeOneMistake said:
Well, Company Comp applied for a person A's labor Sub. Ofcourse the person was important. Company had person B who was a fit in a big team but not so once the thing started running and team does not not need B any more. Now person B is laid off. A leaves(Gets a better job somewhere -- because he is good and Good ones are neede everywhere). Now person X fits A's position and is important as A. X uses A's Labor after approval. How does it go against the rules. And company laid of people in 2002.. Not in 2005.
Get it?
Click to expand...


MadeoneMistake...

I am not disputing your qualifications that match an earlier approved labor. When you use a 2002 labor, that LC was issued by DOL based on Labor conditions/wage survey in 2002. Whereas, when you substitute that labor in 2005 the company is clearly playing traunt without testing the Labor market in 2005. Your opinion is narrow in that you are only talking about H1 employees within the company. What if there is indeed a qualified American citizen candidate that fits that LC profile job in 2005 ??? By using the substitution LC, the company circumvents the true spirit of labor conditions in 2005...When these anomalies are corrected by Labor substitution ban, believe me, the market will correct itself...and you and I would be benefited based on our true abilities...

Also, GC is for a prospective future job...which is why DOL questions how can a company have a position open for 4 to 5 years...
 
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First thing first.. Rules are rules.. Some rules are good today and bad tomorrow.. Some rules have right intentions and bad application..

Well if we go into details of this whole GC process, there are hundreds of flaws which can be detailed upon.. This is so randon that I cant really think of a point to begin with..

But at the first place, if you are doing a job for 3 years for a particular position then you gain some very job specific experience. At the very least, this experience is hard to replace one fine day.. People can be trained but that take time and money.. So the whole thing of counting experice before you join the comapny itself is farce.. while in reality, a company hires you, tests you then decide whether you are good resource.. so the LC process has flaws to begin with.. Even if companies lays off incompetent people, some people still remains very important(I am not saying here that I am).. so why not a company be given ways to keep such people.. And in general some of the companies have policies like they will always layoff a certain % of people who are not competent.. so it may not just be the economy always..

Like this at every step, there are loop holes.. Some you use, some you hate..

And we all know, all these desi companies(consulting), the job is never there after the green card.. cause the person runs(more often than not) any way once he/she gets the stamp..So as such the peocess is there very much to keep the person on board and exploit to the core.. Hence all those who gets GC from buying labor, or even filing labor from these companies dont deserve that GC anyway..

But as per me, I know most/may be all of these, deserve GCs. Only matter is some of us are at the right place at the right time, some are not..
 
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