kopra
09-08 07:08 PM
Dear valuablehurdle,
You need to understand why your company is paying only 85K. Your base compensation is 85K, then you have another 10% on top of that as bonus. Also your Health/Dental/vision Insurance will be close to 15K payed by the employer. Also they pay Social Security at 8% base pay + Your H1B and other legal Expense for you and family. This will put your total rewards/compensation well above 100K.
I am not trying to say that your present company is perfect, but these are the common expenses for a company , Thats the reason even if you get hired by the direct client your salary will not increase very much. Companies pay 180$ to the consulting companies for the following reason
1) You are not their employee, so $180 per hour is all they pay ( No benefits, No H1b Legal hassles etc)
2) They Hire consultants for a particular project for a set period of time. After the project is over, they can have the consultant "released" from the project.
3) They dont want to hire independent contractors, cos, if the guy leaves in between the project, its the responsibility of the consulting company to replace your position with another qualified person.In your case, they need to find another candidate with your technical expertise, which is not very easy.Very few Companies wants to take that risk.
You need to look at the total compensation rather than your base pay
It was Hard-Hitting, Sanju !!!
Anyway, I feel there are bad apples......but not all take commissions.
Still, I am at a loss to understand the same company that pays $180 per hour to the American Consulting company will pay me only as much as $50/hr.
What would be their logic?
I would appreciate your replies...
You need to understand why your company is paying only 85K. Your base compensation is 85K, then you have another 10% on top of that as bonus. Also your Health/Dental/vision Insurance will be close to 15K payed by the employer. Also they pay Social Security at 8% base pay + Your H1B and other legal Expense for you and family. This will put your total rewards/compensation well above 100K.
I am not trying to say that your present company is perfect, but these are the common expenses for a company , Thats the reason even if you get hired by the direct client your salary will not increase very much. Companies pay 180$ to the consulting companies for the following reason
1) You are not their employee, so $180 per hour is all they pay ( No benefits, No H1b Legal hassles etc)
2) They Hire consultants for a particular project for a set period of time. After the project is over, they can have the consultant "released" from the project.
3) They dont want to hire independent contractors, cos, if the guy leaves in between the project, its the responsibility of the consulting company to replace your position with another qualified person.In your case, they need to find another candidate with your technical expertise, which is not very easy.Very few Companies wants to take that risk.
You need to look at the total compensation rather than your base pay
It was Hard-Hitting, Sanju !!!
Anyway, I feel there are bad apples......but not all take commissions.
Still, I am at a loss to understand the same company that pays $180 per hour to the American Consulting company will pay me only as much as $50/hr.
What would be their logic?
I would appreciate your replies...
wallpaper I love u baby forever and ever
gsc999
09-22 10:26 PM
Why don't we mail copies of our degree certificates, diplomas and other credentials? They will know who is more educated..Lou Dobbs or us !!!
---
Thanks for your message.
The issue at hand is not to "prove" if you are educationally qualified rather long delays in legal employment based immigration. So sending copies of degree certificates may not convey our message. Also, if we wrap the stoppers in the photo copies of the degrees that might show subtle disrespect to American learning institutions that gave you those degrees. On the contrary, these degrees are to be framed, if you want to. We want positive message e.g. stop reverse brain drain.
Stopper is a good idea because it weaves two ideas very effectively:
- Stop American jobs from off-shoring : use a stopper
- Stop reverse brain "drain" from America to keep America competitive : use stopper
This concept of reverse brain drain is well documented by the recent Kauffman foundation study http://www.kauffman.org/items.cfm?itemID=906
where they mention that 100K high skilled immigrants have left US to go back to India, China and other countries.
---
Thanks for your message.
The issue at hand is not to "prove" if you are educationally qualified rather long delays in legal employment based immigration. So sending copies of degree certificates may not convey our message. Also, if we wrap the stoppers in the photo copies of the degrees that might show subtle disrespect to American learning institutions that gave you those degrees. On the contrary, these degrees are to be framed, if you want to. We want positive message e.g. stop reverse brain drain.
Stopper is a good idea because it weaves two ideas very effectively:
- Stop American jobs from off-shoring : use a stopper
- Stop reverse brain "drain" from America to keep America competitive : use stopper
This concept of reverse brain drain is well documented by the recent Kauffman foundation study http://www.kauffman.org/items.cfm?itemID=906
where they mention that 100K high skilled immigrants have left US to go back to India, China and other countries.
gc101
07-19 01:57 PM
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
2011 tattoo Baby I will love you
rimzhim
05-24 03:46 PM
How bad it can be for those with approved I-140?
Earlier it was 140K times 7% = 9800 with everybody and now it is 90K times 10% = 9000 with most of them gone into new merit based system.
I still don't get it?
what do you mean? Who are these rest who will go into a new merit-based system? Even if you count only the number of people here who have approved I-140, that alone is enough to delay us for a very long time even with the current quota (140K). Otherwise we would not have had retrogression.
Earlier it was 140K times 7% = 9800 with everybody and now it is 90K times 10% = 9000 with most of them gone into new merit based system.
I still don't get it?
what do you mean? Who are these rest who will go into a new merit-based system? Even if you count only the number of people here who have approved I-140, that alone is enough to delay us for a very long time even with the current quota (140K). Otherwise we would not have had retrogression.
more...
meridiani.planum
06-10 05:23 AM
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.
If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.
Ironically the first Indian to get US citizenship also had it revoked:
http://en.wikipedia.org/wiki/A.K._Mozumdar
In 1913 Mozumdar became the first Indian-born person to earn U.S. citizenship, having convinced the Spokane district judge that he was in fact Caucasian and thereby met the requirements of naturalization law then restricting citizenship to "free white persons." Ten years later, as a result of the U.S. Supreme Court decision in United States v. Bhagat Singh Thind, stipulating that no person of East Indian origin could become a naturalized American, Mozumdar’s citizenship was revoked.
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.
If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.
Ironically the first Indian to get US citizenship also had it revoked:
http://en.wikipedia.org/wiki/A.K._Mozumdar
In 1913 Mozumdar became the first Indian-born person to earn U.S. citizenship, having convinced the Spokane district judge that he was in fact Caucasian and thereby met the requirements of naturalization law then restricting citizenship to "free white persons." Ten years later, as a result of the U.S. Supreme Court decision in United States v. Bhagat Singh Thind, stipulating that no person of East Indian origin could become a naturalized American, Mozumdar’s citizenship was revoked.
chanduv23
02-23 02:09 PM
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
As far as I know, if you filed for 485 and crossed 180 days after that with the same employer - it basically means that you have satisfied AC21 minimum requirement and you must look for a new job under same or similar category. If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues with transfer because you may not have paystubs, but technically, you are legally allowed to stay because a decision on your 485 has not yet been made and before a decision is made look for a new job in same or similar criteria.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
As far as I know, if you filed for 485 and crossed 180 days after that with the same employer - it basically means that you have satisfied AC21 minimum requirement and you must look for a new job under same or similar category. If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues with transfer because you may not have paystubs, but technically, you are legally allowed to stay because a decision on your 485 has not yet been made and before a decision is made look for a new job in same or similar criteria.
more...
NoMoreSilence
01-18 07:35 AM
:confused: I donated $101 thru Paypal yesterday to move the number 14386 up fast. But it did not change at all!!:confused:
2010 I+love+you+aby+forever
alterego
08-18 06:46 PM
This is pure propaganda and the height of protectionist folly. It is the type of retrograde ideology and manipulative language that feeds the worst fears of struggling blue collar workers.
There was a piece on CBS this weekend, espousing the benefits of skilled immigration and Fareed Zakharia taking about the imperative of America having a wiser immigration and education policy if it wishes to maintain its leadership position in the world.
The fact is we are not anchor immigrants. We are JOB ANCHORS. We anchor jobs for others in America or wherever we end up. Our skills are in demand globally and those skills draw capital and investment, additionally the service sector jobs then get built around them. When Microsoft sets up a development center in Vancouver instead of Seattle, the other jobs to serve those employees are anchored in Canada not the USA. Skilled immigrants are net job creators. For most Americans our presence adds vibrancy to the economy, more jobs, more investments, more skills and more taxes and is an overall plus to competitiveness. This country has never been short of opportunity, it has been short of people to take advantage of these opportunities. None of this is refutable, and so they take the weakest, vaguest link they have to our homelands, to make a dismal case against our presence here. They are such losers, words do not begin to describe them. They are mostly offshoots of old race based organisations, now reduced to shadow tactics such as this, spreading misinformation, propaganda and vitriol. The irony is they may be Americans but they do not represent the American spirit, we on the other hand may not be American but represent the American spirit.
There was a piece on CBS this weekend, espousing the benefits of skilled immigration and Fareed Zakharia taking about the imperative of America having a wiser immigration and education policy if it wishes to maintain its leadership position in the world.
The fact is we are not anchor immigrants. We are JOB ANCHORS. We anchor jobs for others in America or wherever we end up. Our skills are in demand globally and those skills draw capital and investment, additionally the service sector jobs then get built around them. When Microsoft sets up a development center in Vancouver instead of Seattle, the other jobs to serve those employees are anchored in Canada not the USA. Skilled immigrants are net job creators. For most Americans our presence adds vibrancy to the economy, more jobs, more investments, more skills and more taxes and is an overall plus to competitiveness. This country has never been short of opportunity, it has been short of people to take advantage of these opportunities. None of this is refutable, and so they take the weakest, vaguest link they have to our homelands, to make a dismal case against our presence here. They are such losers, words do not begin to describe them. They are mostly offshoots of old race based organisations, now reduced to shadow tactics such as this, spreading misinformation, propaganda and vitriol. The irony is they may be Americans but they do not represent the American spirit, we on the other hand may not be American but represent the American spirit.
more...
h1techSlave
01-15 11:11 AM
so the thugs are after gold, not after desis per say. If whites or blacks had gold in their homes, the thugs would have attacked them also.
I agree - these are things that have to be taken very seriously.
I am also hearing that desi houses are being targeted in New Jersey as ZDesis have jewelery in houses.
I agree - these are things that have to be taken very seriously.
I am also hearing that desi houses are being targeted in New Jersey as ZDesis have jewelery in houses.
hair i love you baby forever
Libra
07-19 12:54 PM
EB2/Mar 2005/I-485 delivered on july 2nd 9:01am
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Madhuri
09-15 12:02 PM
I agree with Mihir. It is your life and you have to be always plan for the worst case scenarios, especially when we (legal immigrants) do not have any god father.
First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.
I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.
If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
...
First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.
I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.
If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
...
hot I+love+you+aby+forever+
chanduv23
10-09 06:05 PM
^^^^^^^^^^^^
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house I LOVE U HEATH NOW
anu_t
06-18 11:47 AM
:( :( Another important question is: Will USCIS allow AC21 without an approved EAD?
Why wouldn't they?:confused:
Why wouldn't they?:confused:
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vgayalu
03-02 07:38 PM
After my contribution I asked two more friends to contribute at least for small amounts.One contributed $200- 00. The other one also promised .
Please encourage others. It is our own work. Let us gear up in contributions and spirit.
vgayulu
Please encourage others. It is our own work. Let us gear up in contributions and spirit.
vgayulu
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pictures i love you baby forever and
paskal
12-16 12:26 PM
not personal, addressing many issues.
1. if your company pays for everything, why such reluctance to put up a few more dollars for your own cause? think of those that pay for everything themselves and still contribute.
2. each contribution to paypal costs, they take a chunk off it. making small 10 buck contribution is really not the intelligent way to go.
3. there used to be a 20/mnth recurring contribution. now it does no exist. what do you want? should we throw out the original 20 buck guys? of course they can continue doing it. i can't imagine why it would put you off? btw we did not really lose any money by going to a minimum of 50- you know why? those who were serious still contributed. others who were whining at that time (why is there not a 10/mnth option) were in many (though not all) cases not going to contribute anyway. this is just fyi.
4. what is 50 bucks a month? step back and think sometime. a family meal/movie? do you indulge yourself occasionally worth 50 bucks?
i think in many cases the answer is yes. the money we need for lobbying ie very large....it's hard to make it form 20 bucks at a time when barely 5% of the membership contributes.
you have the choice hereof donating 100 now and considering it as two 50 buck donations, so your next one will be delayed. there are various ways of looking at this.
there are various ways to contribute, money is just one of them- although very important. if you have not done this, join a state chapter and start meeting lawmakers in your area. get friends to join iv. put up fliers and posters in local grocery stores/fairs and festivals etc. there are many good examples of these activities being done successfully. in the end it's going to matter is whether we put enough effort to push over the line- whether it's today or in 2 years.
we all have a choice. please make a wise one.
1. if your company pays for everything, why such reluctance to put up a few more dollars for your own cause? think of those that pay for everything themselves and still contribute.
2. each contribution to paypal costs, they take a chunk off it. making small 10 buck contribution is really not the intelligent way to go.
3. there used to be a 20/mnth recurring contribution. now it does no exist. what do you want? should we throw out the original 20 buck guys? of course they can continue doing it. i can't imagine why it would put you off? btw we did not really lose any money by going to a minimum of 50- you know why? those who were serious still contributed. others who were whining at that time (why is there not a 10/mnth option) were in many (though not all) cases not going to contribute anyway. this is just fyi.
4. what is 50 bucks a month? step back and think sometime. a family meal/movie? do you indulge yourself occasionally worth 50 bucks?
i think in many cases the answer is yes. the money we need for lobbying ie very large....it's hard to make it form 20 bucks at a time when barely 5% of the membership contributes.
you have the choice hereof donating 100 now and considering it as two 50 buck donations, so your next one will be delayed. there are various ways of looking at this.
there are various ways to contribute, money is just one of them- although very important. if you have not done this, join a state chapter and start meeting lawmakers in your area. get friends to join iv. put up fliers and posters in local grocery stores/fairs and festivals etc. there are many good examples of these activities being done successfully. in the end it's going to matter is whether we put enough effort to push over the line- whether it's today or in 2 years.
we all have a choice. please make a wise one.
dresses i Love u Baby Forever Slideshow
coolvigo
11-05 01:21 AM
I have read lot of articles on money transfer.....and all said money can come from India only if it is for education or medical reasons. ....... we need to show proof for the same too....
Anyway, whoever was able to do it.....good for him :-)
I found a guy here who is giving me his dollars in US in exchange of rate of Rs40=$1. I am losing some money in this transaction.....but I guess....I will have to take it :(
:o:o:o
Anyway, whoever was able to do it.....good for him :-)
I found a guy here who is giving me his dollars in US in exchange of rate of Rs40=$1. I am losing some money in this transaction.....but I guess....I will have to take it :(
:o:o:o
more...
makeup i Love u Baby Forever Slideshow
jonty_11
10-25 01:54 PM
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
one correction PERM started in March 2005 or even 2004 cannot be sure....defintely not 2006
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
one correction PERM started in March 2005 or even 2004 cannot be sure....defintely not 2006
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GCNirvana007
08-25 01:34 PM
I went thru TSC-EAC-TSC cycle. I did quite a bit of research online :) and found they did approve those cases, if PD is current. So, that shouldnt be a hurdle. Key is make sure you have all the checks are passed and current.
Well, there you go. Good news to sdrblr.
Well, there you go. Good news to sdrblr.
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frostrated
08-03 03:22 PM
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
rangeela
02-07 09:18 AM
I have master's degree from US and 6 years of experience
vik_tx
05-16 11:56 AM
now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)
------------
Ok. This comes from a very reliable source.. but need some clarification from the experts out here...
1) No LC Substitutions
2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..
any ideas?
text from the ammendment-
In order to protect the integrity of the permanent labor certification
program, deter fraud, and comply with the Department's statutory obligation
to protect the wages and working conditions of U.S. workers, the Department
has determined a number of amendments are appropriate. The first amendment
would prohibit the substitution of alien beneficiaries on pending
applications for permanent labor certification and on approved permanent
labor certifications not yet filed with DHS. This amendment could, at least
to some degree, affect DHS's current practice of allowing U.S. employers to
substitute an alien through the filing of a new Form I-140 petition,
supported by a labor certification in the name of the original beneficiary.
The second amendment would require a permanent labor certification be filed
with DHS within 45 calendar days of the date it is certified by DOL. The
third amendment would prohibit the sale, barter, and purchase of
applications and approved labor certifications, as well as other related
payments. Finally, the Department is proposing enforcement mechanisms,
including debarment with appeal rights, to protect the integrity of the
permanent labor certification program and deter individuals or entities from
engaging in prohibited transactions or abusing the labor certification
process. The Department invites public comment regarding all aspects of each
of these proposed changes.
------------
Ok. This comes from a very reliable source.. but need some clarification from the experts out here...
1) No LC Substitutions
2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..
any ideas?
text from the ammendment-
In order to protect the integrity of the permanent labor certification
program, deter fraud, and comply with the Department's statutory obligation
to protect the wages and working conditions of U.S. workers, the Department
has determined a number of amendments are appropriate. The first amendment
would prohibit the substitution of alien beneficiaries on pending
applications for permanent labor certification and on approved permanent
labor certifications not yet filed with DHS. This amendment could, at least
to some degree, affect DHS's current practice of allowing U.S. employers to
substitute an alien through the filing of a new Form I-140 petition,
supported by a labor certification in the name of the original beneficiary.
The second amendment would require a permanent labor certification be filed
with DHS within 45 calendar days of the date it is certified by DOL. The
third amendment would prohibit the sale, barter, and purchase of
applications and approved labor certifications, as well as other related
payments. Finally, the Department is proposing enforcement mechanisms,
including debarment with appeal rights, to protect the integrity of the
permanent labor certification program and deter individuals or entities from
engaging in prohibited transactions or abusing the labor certification
process. The Department invites public comment regarding all aspects of each
of these proposed changes.
