samay
07-15 05:18 PM
Hi there,
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
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txh1b
08-18 03:53 PM
This thread is a drag and a waste of IV resources. I hope the admins lock this thread.
samay
07-23 08:18 AM
Dear Attorney,
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
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gceverywhere
09-23 12:57 PM
This initiative has my full support. Thanks Nixstor for coming up with a very innovative idea. While it is OK to expect for the system to not have this problem in the first place, the reality is that we have a HUGE problem in front of us.
We should all be very very concerned with what's going on in the financial market. If the bailout doesn't work then we will have a deep recession in front of ut. Do you REALLY think the govt. (Dem/Rep) will care about your green cards then?
Win-win strategy always works. To me, this idea presents a great win-win approach.
Nixstor,
I like the idea but I have one question. Have our lobbyists reviewed it and do they approve it?
We should all be very very concerned with what's going on in the financial market. If the bailout doesn't work then we will have a deep recession in front of ut. Do you REALLY think the govt. (Dem/Rep) will care about your green cards then?
Win-win strategy always works. To me, this idea presents a great win-win approach.
Nixstor,
I like the idea but I have one question. Have our lobbyists reviewed it and do they approve it?
more...
chanduv23
06-26 12:36 PM
What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D
Isn't it??? ;)
Mid month retrogression is possible acc to Murthy but that may not happen in July
Everything is a speculation here. USCIS is the winner - always keeps us guessing.
Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.
Isn't it??? ;)
Mid month retrogression is possible acc to Murthy but that may not happen in July
Everything is a speculation here. USCIS is the winner - always keeps us guessing.
Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.
kumarc123
07-29 11:08 AM
The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way
Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.
I agree with you, and believe me, all the white lawyers, none of them go the extra mile to calculate numbers. All they are concerned with is their fees.
I have a white lawyer and being a member in IV, I know more than she does. Her lack of knowledge does not undermine her credibility, but it is not her job to know the numbers, she presents her client's case to INS, from there its guess work.
I think Vldrao and other members are not too optimistic or blindly optimistic, they calculated numbers and analyzed the results.
Thanks
Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.
I agree with you, and believe me, all the white lawyers, none of them go the extra mile to calculate numbers. All they are concerned with is their fees.
I have a white lawyer and being a member in IV, I know more than she does. Her lack of knowledge does not undermine her credibility, but it is not her job to know the numbers, she presents her client's case to INS, from there its guess work.
I think Vldrao and other members are not too optimistic or blindly optimistic, they calculated numbers and analyzed the results.
Thanks
more...
gcisadawg
03-28 12:54 AM
Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.
Looks like Modi has given LS tickets to four criminals whom he put in jail during his first term in office.....
Looks like Modi has given LS tickets to four criminals whom he put in jail during his first term in office.....
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mirage
07-04 08:48 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I sent this email to around 500 media contacts
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several .....Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
I sent this email to around 500 media contacts
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several .....Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
more...
beautifulMind
07-16 02:47 PM
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
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sumitpendharkar
06-28 06:08 PM
Visa Bulletin April 2007
PD for Other workers category was 01 Oct 2001
E. VISA AVAILABILITY DURING THE COMING MONTHS
Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.
Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.
Visa Bulletin for May 2007
PD for Other workers category was U (unavailable)
E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY
The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.
Visa Bulletin for June 2007
PD for Other workers category was 01 Oct 2001
D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE
A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.
So the VB does in fact indicate that there is only a "small June allocation" possible.
PD for Other workers category was 01 Oct 2001
E. VISA AVAILABILITY DURING THE COMING MONTHS
Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.
Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.
Visa Bulletin for May 2007
PD for Other workers category was U (unavailable)
E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY
The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.
Visa Bulletin for June 2007
PD for Other workers category was 01 Oct 2001
D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE
A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.
So the VB does in fact indicate that there is only a "small June allocation" possible.
more...
timberlake
09-04 04:17 AM
What you have mentioned is the only good thing Mr. Backstabbing Naidu did. rest of AP is like Hell except Hyd... Govt employees pensions on the edge to be removed... Power charges increased 600% .. He is a next to dictator... one has to bow to his party men the villages or cities ... even a simple activity needs his partymen's approval... This is what makes difference... any politician is a politician... just a diff how one interacts with ppl makes one like YSR. undoubtedly there are poor ppl who got benefited from him. land sale was intially started by Mr. Naidu...
Btw he just had 2 acres of land now he is king of 2000+ Crores... think about it also... AP media has yellow fever...
Btw I am from AP and i take side and i went through it...
on part of Corruption... there is corruption with any party and in all stages of govt... But he is far far far better than dictator naidu ... no one bothered for him when he was almost attacked during once by naxals... think about it...
btw _TrueFacts_ you also look into these facts before commenting... may be you just have TDP/eenadu _YellowFacts_...
Btw he just had 2 acres of land now he is king of 2000+ Crores... think about it also... AP media has yellow fever...
Btw I am from AP and i take side and i went through it...
on part of Corruption... there is corruption with any party and in all stages of govt... But he is far far far better than dictator naidu ... no one bothered for him when he was almost attacked during once by naxals... think about it...
btw _TrueFacts_ you also look into these facts before commenting... may be you just have TDP/eenadu _YellowFacts_...
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gc28262
06-12 12:40 AM
People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.
.................................................. .................................................. ..............
.................................................. ...................
dilipcr,
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
You are just trying to close the door behind you.
You think Grassley bill is good for everyone. Yeah sure it is good for you !
You have begun to think like loosers guild( aka programmers guild)
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Did you ever worry about depressing citizen's wages when you were on H1B ?
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
.................................................. .................................................. ..............
.................................................. ...................
dilipcr,
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
You are just trying to close the door behind you.
You think Grassley bill is good for everyone. Yeah sure it is good for you !
You have begun to think like loosers guild( aka programmers guild)
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Did you ever worry about depressing citizen's wages when you were on H1B ?
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
more...
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phenyle
07-28 06:23 PM
Hi,
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.
Please advice what i could do to find out why my processing has been delayed.
Thanks,
ashish
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.
Please advice what i could do to find out why my processing has been delayed.
Thanks,
ashish
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minimalist
05-12 12:12 AM
I wonder what is causing people to say this water is for Kanndiga's. This state is only for Marathas.
Water issues always arise when the stae above tries to have as much as it can with no regard to the sates below. Instead of politicians in Karnataka thinking we should play fair, they stoke the regional sentiments saying we will give our lives to protect Kannadiga interests. Same story with every state where there are enough gullible people to assume that they are fighting for their right. As long as they have fish to bite the race/ethnicity/language/caste cards, they will do it.
If you can't find anything to be proud of about India, then I don't know what to say.
I am following the discussion. The reason I mentioned about Maratha issue is to bring attention to the fact that I have issue with the segregation on basis of regional/ethnicity and not against Tamilians specifically.
Remember this is 2009. If that doesn't answer your question on why shouldn't compare Bangladesh with Srilanka, nothing ever will. (You can wake up the person who is sleeping , but you can't wake up some one who is pretending to be sleeping.)
I am an Indian and my native tongue is not Tamil. I donot consider the issue in Srilanka as Tamil issue. I don't consider it as Indian issue either. I consider it as Srilankan issue.
Hope this addresses some of your questions.
Originally Posted by minimalist
---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.
...
-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.
----May we know why one should not compare India's role in Bangladesh with SL?.
The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.
Water issues always arise when the stae above tries to have as much as it can with no regard to the sates below. Instead of politicians in Karnataka thinking we should play fair, they stoke the regional sentiments saying we will give our lives to protect Kannadiga interests. Same story with every state where there are enough gullible people to assume that they are fighting for their right. As long as they have fish to bite the race/ethnicity/language/caste cards, they will do it.
If you can't find anything to be proud of about India, then I don't know what to say.
I am following the discussion. The reason I mentioned about Maratha issue is to bring attention to the fact that I have issue with the segregation on basis of regional/ethnicity and not against Tamilians specifically.
Remember this is 2009. If that doesn't answer your question on why shouldn't compare Bangladesh with Srilanka, nothing ever will. (You can wake up the person who is sleeping , but you can't wake up some one who is pretending to be sleeping.)
I am an Indian and my native tongue is not Tamil. I donot consider the issue in Srilanka as Tamil issue. I don't consider it as Indian issue either. I consider it as Srilankan issue.
Hope this addresses some of your questions.
Originally Posted by minimalist
---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.
...
-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.
----May we know why one should not compare India's role in Bangladesh with SL?.
The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.
more...
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sri1309
10-30 06:52 AM
instead of dividing those who have house and those who will buy if they get gc ..we should focus on more visas and faster approvals (maybe temporary green cards !!) ..no need for more divisions ..there will be congress session for second stimulus bill ..IS THERE any chance that we can push for recapture by telling the congress that 200K highly skilled immigrants are waiting for GC and after that most likely they will buy a house ???? (give a rough figure ..no one will verify the exact number) please think about this !!! lets have another campaign as soon as possible
-------------
WASHINGTON (Reuters) - U.S. state leaders, trade groups and economists descended on the House of Representatives on Wednesday to help work out a second economic stimulus bill that one influential Congressional member said would be introduced on November 17.
Representative Jim Oberstar, the Minnesota Democrat who chairs the House Transportation and Infrastructure Committee, told a hearing on jump-starting the stalled economy that Congressional staff would be meeting throughout the month and a stimulus bill would be introduced when Congress reconvenes next month.
Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
-------------
WASHINGTON (Reuters) - U.S. state leaders, trade groups and economists descended on the House of Representatives on Wednesday to help work out a second economic stimulus bill that one influential Congressional member said would be introduced on November 17.
Representative Jim Oberstar, the Minnesota Democrat who chairs the House Transportation and Infrastructure Committee, told a hearing on jump-starting the stalled economy that Congressional staff would be meeting throughout the month and a stimulus bill would be introduced when Congress reconvenes next month.
Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
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chintanop
07-03 04:21 PM
Hi all,
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
more...
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return_to_india
05-19 10:23 PM
http://timesofindia.indiatimes.com/India-set-to-counter-Chinas-influence-in-Lanka/articleshow/4553638.cms
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sweet_jungle
02-12 11:39 AM
huge move for EB3 ROw. it was expected I think.
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reddy77
09-23 02:10 PM
Yes, mine was approved a month back without any hassles and bought the home ....
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
supers789
07-03 05:20 PM
I am an Indian citizen working in USA as a Software Engineer since June 2003. I have an approved i140 (EB2, PD - Nov 2005) from my previous employer. My 2nd H1B is getting over in June 2009. My current employer has not yet filed PERM application for me. I was wondering, if I will be able to get 3 year extension based on i140 from previous employer once 6 years of H1B are over in June next year? I know that my old employer has not revoked my i140 neither anyone else used it.
Also what happens if Nov 2005 date becomes current before I filed for H1B extension using i140 ie can I still get extension using this i140?
Thanks.
Also what happens if Nov 2005 date becomes current before I filed for H1B extension using i140 ie can I still get extension using this i140?
Thanks.
ragz4u
02-06 09:38 AM
This is a step in the right direction. A lot of people wanted to get ahead of the queue by using pre-approved labors. The arrest of Nick Mandalapa, who was infamous for selling these labors openly on Sulekha, and now this are signs of good things to come :)
Do not be surprised if you read Murthy.com's response as being against a ban on labor substitution! After all, labor subsitution is good business for immigration lawyers.
As per www.immigration-law.com
DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006
This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned
Do not be surprised if you read Murthy.com's response as being against a ban on labor substitution! After all, labor subsitution is good business for immigration lawyers.
As per www.immigration-law.com
DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006
This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned
