What is this? Breaking News

[bigbang2001]

Even though they can not substitute labor for someone else, they can revoke your I140 anytime so that risk is not that different.

To the best of my knowledge what you state is not correct.

After I-140 is approved, employee owns the PD.

There is no way an employer can revoke an approved I-140.

I have friends who came in to my company with approved I-140. Their labor was refiled and another I-140 was filed but they retained their old priority date.

 

[Jackolantern]

There is no way an employer can revoke an approved I-140.

Of course they can. It's just that it doesn't make a difference if they revoke it after your I-485 has been pending for 180 days. But if you haven't got the chance to even file I-485 due to retrogression, your neck is on a leash being pulled by your employer as you wait for your priority date to become current and your I-140 can be revoked while you wait.

 

[Jackolantern]

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.

And Finance to approve the filing fees and lawyer fees, and the legal department to review it and send it around back to HR and finance before sending it to the law firm, and somebody in HR makes a mistake so it circles all around again, ad nauseum.

45 hours is sufficient for a company that is efficient in its legal/HR/finance departments when it comes to immigration. 45 days means some employees in large bureaucratic companies will get screwed and have to start all over again.

 

[can_card]

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

My advise is once DOL publishes the rule in the federal register for public comments, we should write them strongly to support the elimination of LC by explaining how fradulant employers abuse it. Therefore this time DOL/CIS will not buckle under the pressure from fradulant employers and their lawyers.

 

[sobers]

45 days too less

It is hypocritical for DOL to limit to 45 days the filing of I-140. They've take years and years to process labors, and have absolutely no transparanecy in processing. You labor may be approved one fine morning, or it may languish another year without rhyme or reason. And then they want folks to use this within 45 days.

What if people are abroad whent he labor cert comes abroad? It take times for folks to come back, compile paperwork and there are so many people within the company who need to sign off. What happens if one of them is on leave. I know many companies (incl. mine) take more time than that to process I-129's (H1B peititions).

This just doesn't make any sense.

Abolishment of labor substitution, on the other hand, is a welcome development. People should get approval based on where they are in line- First in, First Out. It's only fair.

 

[can_card]

Send your comments to support the elimination

E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line.

 

[catch_22_4_GC]

It is hypocritical for DOL to limit to 45 days the filing of I-140. They've take years and years to process labors, and have absolutely no transparanecy in processing. You labor may be approved one fine morning, or it may languish another year without rhyme or reason. And then they want folks to use this within 45 days.

What if people are abroad whent he labor cert comes abroad? It take times for folks to come back, compile paperwork and there are so many people within the company who need to sign off. What happens if one of them is on leave. I know many companies (incl. mine) take more time than that to process I-129's (H1B peititions).

This just doesn't make any sense.

Abolishment of labor substitution, on the other hand, is a welcome development. People should get approval based on where they are in line- First in, First Out. It's only fair.

I agree. The 45- day period seems to be a bit too short from a logistics point. There maybe people who are out of the country or need more time in gathering the required documentation. Lest not we forget, that in many companies it is their attorneys who handle the paper work. And everyone knows how inefficient immigration lawyers are and in some cases its even hard to get them to communicate within a reasonable timeframe. Also, once Labor substitution is eliminated completely, the employer would be forced to use the LC only for intended beneficiary. So the 45 day rule becomes moot. However, just to make sure that the employer does not exploit the employee, DOL should set the I-140 filing limit to something like 180 days (6 months)after the labor is certified. I think that period would be reasonable enough.

 

[catch_22_4_GC]

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.

If you decide to do concurrent I-140/I-485 filing, you need more documents like Medicals, Marriage Certificates, Birth Certificates, Affidavit of support for dependents (remember not every I-140 is for $$$ minting Sofware techies). And also don't be short-sighted with current retrogression in priority dates or to specific country quotas.

45 days is way too short to get all these done. And I dont suppose your employer is paying for your Medicals and shots or show affidavit of support for your dependents.

 

[can_card]

If you decide to do concurrent I-140/I-485 filing, you need more documents like Medicals, Marriage Certificates, Birth Certificates, Affidavit of support for dependents (remember not every I-140 is for $$$ minting Sofware techies). And also don't be short-sighted with current retrogression in priority dates or to specific country quotas.

45 days is way too short to get all these done. And I dont suppose your employer is paying for your Medicals and shots or show affidavit of support for your dependents.

I am just saying 45 days for only I-140. In fact, one can easily do concurrently 140/485 with in 45 days very comfortably. Medicals only take about 10-15 days. One suppose to have ready all the bith certificate, marriage certificate, all other documents required for filling 485. All are pre existing documents. There is no need to wait for LC approval, as there is no connection between collecting these documnets and LC approval. If one does not have, they can easily collect during LC process.

In my case, when I filed LC, I was not having birth certificate of mine and my wife and all the experience certifiate from my previous employers in India and USA (3 employers). I had a plenty of time between LC filing and approval. I collected all those documents in that period. It took only 12 days for me file I-140/with 485s for 3 peoples after I was informed by lawyer that my LC was approved. Only employer documents, (ability to pay, offer letter, and EVL)consumed 12 days. In that period I have completed my medicals.

If any one wants to file with in 45 days, it is easy. I have seen so many peoples rushed to file140/485 concurently (some filed with in 5 days after their PERM approval of course, without medicals) to file before sep 30, 2005, when retorgrssion kicked in EB1/2 catagories for India and China on Oct 1, 2005.

 

[Jackolantern]

I am just saying 45 days for only I-140. In fact, one can easily do concurrently 140/485 with in 45 days very comfortably. Medicals only take about 10-15 days.

You are equating your situation with everybody else's. Not everybody has a straightforward scenario like yours.

I know a guy whose medical took over a month because his initial tests indicated that he had a certain disease. He then had to see a specialist for follow-up tests (which ultimately showed he didn't have the disease). It took weeks to get the specialist appointment, then another week or two to get the results. Other people's medicals take long because they have to get a series of vaccinations over several weeks.

 

[newbies]

You are equating your situation with everybody else's. Not everybody has a straightforward scenario like yours.

I know a guy whose medical took over a month because his initial tests indicated that he had a certain disease. He then had to see a specialist for follow-up tests (which ultimately showed he didn't have the disease). It took weeks to get the specialist appointment, then another week or two to get the results. Other people's medicals take long because they have to get a series of vaccinations over several weeks.

LOL, Vaccination can take in the same day if you pay out of pocket (Just $100-$120 for all adult shots per person : Average CA price ). Of course those people who want to save money by going through their insurance companies and their doctors will take several weeks.

For the part of medical took over a month due to some certain disease is agreeable. If you are worried about that, why not check now or just file I140 first then I485 later. There is no limited time to file I485.

 

[Jackolantern]

LOL, Vaccination can take in the same day if you pay out of pocket (Just $100-$120 for all adult shots per person : Average CA price ). Of course those people who want to save money by going through their insurance companies and their doctors will take several weeks.

Depending on your medical history and any medication you're already taking, some vaccinations are NOT SAFE or effective if you take multiple shots in the same day or even week. Especially if you need Hepatitis B shots.

For the part of medical took over a month due to some certain disease is agreeable. If you are worried about that, why not check now or just file I140 first then I485 later. There is no limited time to file I485.

To file I-140 first and then I-485 could cause retrogression to hit you when waiting for the I-140 receipt to come back.

I am not personally worried about anything because my I-140 and I-485 have been filed last year. But there will be a number of unfortunate folks who waited for 5+ years to have their labor approved who will lose it because of slow HR/legal/finance department in their company, or the labor approval letter got delayed or lost in the mail, or because some document takes too long to obtain.