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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #46 (permalink)  
Old 10-03-2006, 08:34 AM
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Quote:
Originally Posted by knowDOL
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.

Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
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  #47 (permalink)  
Old 10-03-2006, 11:41 AM
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Default Currently Master's is NOT exempt from the cap

Dear Friends,

As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.

Hope this helps.

Quote:
Originally Posted by cr52401
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
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  #48 (permalink)  
Old 10-03-2006, 12:41 PM
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Quote:
Originally Posted by onemoredesi
Hello Friends and my fellow GC awaiters..
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.

I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
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  #49 (permalink)  
Old 10-03-2006, 12:42 PM
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Quote:
Originally Posted by newtogc
Hi All,

One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.

I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?

Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.

Please need experts advice in this regard.

Thanks,
BNR.

there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.
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  #50 (permalink)  
Old 10-04-2006, 02:48 AM
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Is there any last date for LC substitutions.
Has DOL/USCIS come up with any regulations after taking public comments regarding elimination of LC subs.
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  #51 (permalink)  
Old 10-04-2006, 09:12 AM
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Desi companies are to blame but not always.

This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:

1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.


Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
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  #52 (permalink)  
Old 10-04-2006, 10:24 AM
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as far as I don't agree about the system where people who come in after us get their GC through labor substitution, and the system is being abused. I wish they would count years of stay in America, rather than anything else
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  #53 (permalink)  
Old 10-04-2006, 10:37 AM
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Default All over again?

I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again?
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  #54 (permalink)  
Old 10-04-2006, 11:37 AM
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Default Not necessarily

Quote:
Originally Posted by dks
Desi companies are to blame but not always.

This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:

1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.


Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.

A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.

Last edited by qplearn; 10-04-2006 at 12:00 PM.
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  #55 (permalink)  
Old 10-04-2006, 03:39 PM
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Well.. may be because we don't have any legislative issues to talk about until congress comes back from recess in November. By the way, how do you know that this practice might be ending soon. I know DOL was considering this and was receiving inputs back in April but nothing came out of that. They have thought about this before and they are thinking about it again. DOL knows that this system is being misused to the fullest extent and want to put a stop to it but they never do due to the pressure from companies misusing them. Why do you think DOL will act now? I have my doubts that anything will be done.

Quote:
Originally Posted by Jimi_Hendrix
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again?

Last edited by GCard_Dream; 10-04-2006 at 03:41 PM.
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  #56 (permalink)  
Old 10-04-2006, 05:30 PM
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Default If you read...

my post carefully, you would notice that I used the words 'might be'.

Cheers,

Jimi
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  #57 (permalink)  
Old 10-04-2006, 06:50 PM
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Default Labour Subs.

I have seen all sorts of posting on both this forum as well as others supporting the process of labour substitution.
This issue needs careful analysis. Just as a knife can be used for a useful purpose of slicing bread, but also for the criminal purpose of committing homicide, so can the LC be used by the employer to truly get a desperately needed skilled employee or to sell it to the highest bidder.
In the former case it is appropriate whoever the beneficiary and however recently he has arrived. In the latter scenario it is neither fair nor appropriate.
Much of the problem as I see it here is on the basis of the basic abuse in the system. In my view this provision in the immigration law leads to more abuse on the part of employers, lawyers and opportunist immigrants. All this to the detriment of fair minded law abiding immigrants.
I have wrestled with this issue a lot. In my situation, I am in a situation of relative comfort. I have an approved 140 in a very stable job with pending 485s for me and my wife albeit with very recent PDs which I am not about to see become current for years in the current scenario.
My wife is in an area of quite good demand where there are all sorts of substitute labours floating about. Technically, I could have her take the gamble with the security and back up my situation provides.
Yet I have not done so (to date). Yet I am not foolish enough to make any long term bets either. I am an idealist but also a realist. I have much to gain or potentially lose by the scrapping of this provision. Hence I consider myself neutral and able to take a neutral view on this issue.
My feeling is this thing is wrong as it currently stands. Yet I will not promise not to use it if the powers that be are stupid enough to let is stand as it is currently stated.

That is my best asssessment of this situation.

Last edited by alterego; 10-04-2006 at 06:57 PM.
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  #58 (permalink)  
Old 10-04-2006, 07:44 PM
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Default Again..Come On.....

Quote:
Originally Posted by neocor
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

Following reforms are needed in Labor Substitution.

- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

neocor

i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...
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  #59 (permalink)  
Old 10-23-2006, 12:34 PM
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Default All Labor substitution questions here

Hello everyone.

I was wondering if someone could point me to how exactly labor substitution works.

Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

If someone has any article on labor substitution and how it works please post it on here.
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  #60 (permalink)  
Old 10-23-2006, 01:08 PM
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