What is this? Breaking News

I believe this is a step in the right direction. Lot of people have abused the system for monetary gains which was not the original purpose of this rule. No complains here. I wish it was done earlier.
 
So say if my labor and I-140 is cleared and I switch my job , no one else can use them ? Is that what it means ?

This would also mean I will keep my priority date ?
 
hurricane345 said:
Proposed Substitution Elimination Rule Due Published Monday 02/13/06

http://www.immigration-law.com/
Click to expand...


Really good news. They should have done this long time back.

Shouldn't they apply this rule retrospectively and invalidate all the green-card that were obtained using Labor substitution and recapture all the unused quota thus freed :) . Then priority-date will become current in no time.
 
BrainDrain said:
So say if my labor and I-140 is cleared and I switch my job , no one else can use them ? Is that what it means ?

This would also mean I will keep my priority date ?
Click to expand...

If your employer withdraw the I140 , your LC will automatically become invalid. Of course you can keep the PD , but need to do GC from beginning.

It is the same rule like right now
 
Good news. The only problem is with the 45-day rule. Some people may need more than that to obtain the supporting documents for the I-140. As long as substitution is not allowed, there's no reason to limit to such a tight time frame other than trying to screw honest people. Something like 90 or 120 days would be more reasonable.
 
Finally

Long Long overdue. It is one step away from the Employer owning the Employee during green card processing. If one does not fear losing his PD and the employer cannot unabashedly sell the approved labour, even if one has to restart the green card processing all over it is to our benefit.
So many people abused this trick. I wonder what some of the lawyers who "specialised" in this trickery will do now!
The 45 day rule is a bit harsh, but i guess it will just lead to us being more alert to have all the paperwork prepared before labour is approved, I don't see a huge problem in it.
The whole process needs to be fairer to the employee and more streamlined, and this is a good step in that direction. Atleast those coming after us will benefit.
If as many say, a lot of those BEC Labour applications are now empty application with the employee long gone, many of us may also benefit. How unfair that would have been. large part of 300K labours for sale!
 
Last edited by a moderator:
Remember that the I-140 has to be filed by the company not the employee, so those whose companies are big and bureaucratic could be in trouble with the 45 day rule. I work for a company with over 10,000 employees. Everything immigration-related went through HR, the legal department, and the law firm they were using, with delays at each side of that triangle. It took them FIVE MONTHS to file the I-140 after my labor was approved, and they didn't file my 7th year H-1B extension until my visa was about two weeks from expiring.

45 days will make concurrent filing problematic for some. Depending on your circumstances, the added documentation requirements for the I-485 may not be feasible to obtain within 45 days or in advance of the labor approval, so they'll have to file the I-140 right away and then wait for the I-140 receipt and additional documents for the I-485. During that wait, their priority date could retrogress and they can't file I-485 for a long time.
 
Jackolantern said:
Good news. The only problem is with the 45-day rule. Some people may need more than that to obtain the supporting documents for the I-140. As long as substitution is not allowed, there's no reason to limit to such a tight time frame other than trying to screw honest people. Something like 90 or 120 days would be more reasonable.
Click to expand...

45 days are more than sufficient. What supporting document one should prepare? Educational cerificate, Experience certificate and docu,for employer abilty to pay. These are already pre existing documents. One should keep it ready when they file PERM LC. Ofcourse, these document required in LC stage it self, to write all the details in LC.
 
Awesome

Hi,
Good news, immigration should be based on employee not the employer just like canadian immigration. These shitty companies specially indian companies have exploited us too much. This is the right kick on their a........
 
Hello All

45 days is more than enoguh. No need to worry.This will restrict employer exploitation. Please do not comment on 45 days. This time is more than enough.
 
45 days are more than sufficient

I think law firms should collect all the supporting documents at the time of starting LC it self. If they have it ready, it is a matter of one day job. Filling I-140 may not take more than 1 hour.

Per current practice lawyers are asking all the documents after they recive LC. If they have all the documents ready or collected during PERM process, it is a matter of a day job. Only in the subsitution case, they have to "search" for the education evaluation and "experience letters" to match the LC.

In my case it took only 12 days to apply 140/485 concurrantly after the LC approval. The entire 12 days required just for getting a letter from my employer to get evidence for ability to pay salary. Apart from that, all other documents were ready.
 
can_card said:
45 days are more than sufficient. What supporting document one should prepare? Educational cerificate, Experience certificate and docu,for employer abilty to pay. These are already pre existing documents. One should keep it ready when they file PERM LC. Ofcourse, these document required in LC stage it self, to write all the details in LC.
Click to expand...
It's not so much a problem for those filing PERM as it is for those waiting in the BEC for years. They won't accept a 3-year-old financial statement as evidence of ability to pay, for example. Others have less straightforward situations that require more carefully prepared documentation, such as working for a company that has been acquired and changed its name and tax ID, or supporting documents in foreign languages from foreign sources which could be too expensive to obtain in advance without knowing if or when the LC will be approved.

Ultimately it's not an insurmountable problem for companies who really want to get it done in 45 days. If they want to, they can gather their own documentation fast enough and help you fly home to get yours if they really want to make the deadline. However, not everybody works for companies with that level of efficiency. Given my employer's record I would be very nervous about them meeting a 45 day deadline. I don't think they've delayed things to exploit me; they've paid me and treated me just as well as their American staff, it's just that their HR/legal/finance bureacracy needs some serious fine-tuning. Luckily I personally don't have to worry about that anymore, as my I-140 and I-485 have long been filed.
 
Last edited by a moderator:
This is what I like :)

"No Payment of Labor Certification Expenses Other Than Employer: Alien beneficiary or other party is not permitted to pay any expenses including attorney fees.
Debarment from Filing Labor Certification for Upto 3 Years for Violators. "

I can't wait to see those people who pay for their PERM themselves to do. Those are kind of fraud cases since PERM is belong to the company not individual, so individual should not involve in any stages.

About 45 days : it is long enough. My company just cost 1 day to prepare for the I140. Most companies should have all their financial ready and just need to have employement letter from HR to file for I140. Of course, your experience letters should be always ready (There is no rule for how old the letters are :)
 
Last edited by a moderator:
GUYS CAN SOMEONE CLARIFY MY VIEW OF THIS :

Does this mean that no more labor substitution will be allowed and that is applicable to labors already approved but not yet substituted ?

For instance, If my labor and I-140 are approved and I-485 is not filed because of retro. Say I change my job then no one else can use my approved labor with the first employer ? Is that right ? and my PD will remain current.
 
Even though this makes me feel really good, I will not celebrate until the day this become the law and implemented and Labor Substitution finally rests in peace.

INS has tried to do away with LS before and was unsuccesful because of the strong Lawyers lobby backed by the Consulting companies. They are going to fight against it and will try their best to stop its abolishing.
The same companies and lawyers who did not raise their voices in the last year or so against retrogression will fight tooth and nail against removing this rule. Suddenly we will see the kind of lobbying from them that we have been looking for (against retrogression).

I am just keeping mhy fingers crossed and the hope that better sense prevails at INS and they remove it once and for all.

neo
 
BrainDrain said:
For instance, If my labor and I-140 are approved and I-485 is not filed because of retro. Say I change my job then no one else can use my approved labor with the first employer ? I
Click to expand...

Even though they can not substitute labor for someone else, they can revoke your I140 anytime so that risk is not that different.
 
Last edited by a moderator:
You must log in or register to reply here.
Top