GCSOON-Ihope
06-01 05:15 PM
DOL PROMULGATES NEW LABOR CERTIFICATION RULES
Posted on:5/31/2007
By Attorneys Robert L. Reeves and Elsie H. Arias
Addressing concerns about fraud and abuse of the labor certification system, the Department of Labor (DOL) recently announced new regulations regarding labor certifications, including ending employers' ability to substitute alien beneficiaries, imposing a 180-day validity period of labor certifications, and regulating the payment of attorney fees associated with the filing of labor certifications. These rules will take effect on July 16, 2007.
As we have previously discussed in this column, the labor certification process is necessary for alien workers to gain lawful permanent residence through an employer for most occupations. Before the Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS) may approve employment-based immigrant visa petitions, the DOL must first certify to the USCIS that: (1) there are not sufficient U.S. workers, who are able, willing, qualified, and available at the time of the application for a visa and admission into the U.S. and at the place where the alien is to perform the work; and (2) the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.
One major change in the adjudication of labor certifications is the substitution of a beneficiary. Although not codified in law or regulation, the USCIS and DOL permits the substitution of new beneficiaries for pending or approved labor certifications to accommodate employers and their labor needs. Unfortunately, the DOL claimed that some unscrupulous lawyers and employers sold labor certifications to foreign nationals not originally identified as the beneficiary and where a bona fide job opportunity did not exist. To prevent this type of abuse in the labor certification system, the DOL will prohibit the substitution of alien beneficiaries on the rule's effective date. Previously-approved substitutions and requests for substitution! s made p rior to July 16, 2007, will remain valid.
In its new rule, the DOL will also impose a 180-day validity period for approved labor certifications. Labor certifications are presently valid for an indefinite time, but after July 16, 2007, employers must file the I-140 immigrant visa petitions with the USCIS within 180 days of the labor certification approval. Immigrant visa petitions filed after 180 days of a labor certification's approval will be denied because the labor certification will no longer be considered valid. Labor certifications approved before the rule's effective date of July 16, 2007, will also be subject to the 180-day deadline, i.e., employers will need to file I-140 visa petitions based on these prior labor certifications prior to January 12, 2008.
The DOL also clarifies in its impending rule that the barter, purchase, and sale of labor certifications is prohibited, and sets forth the ramifications for employers or attorneys engaged in this unlawful conduct, including suspension, criminal indictment, and disbarment.
The most controversial part of the DOL's new rule concerns the payment of costs and attorney fees associated with filing labor certifications. The regulations are presently silent as to whether employer or employee should bear these costs, but the new rule clearly delineates each party's financial obligations. Effective July 16, 2007, attorneys representing both the employer and alien worker in a labor certification must be paid directly by the employer for legal fees associated with preparing the application and representation before the DOL. Employers will also be responsible for paying for advertisements and related costs, which the DOL believes will help safeguard the integrity of the labor certification process. These costs cannot be transferred to or shared with the alien worker. Should the foreign national retain an attorney to represent him in the labor certification process, and this attorney will not also be representing the employer, ! the fore ign national will be allowed to pay fees directly to the attorney. This particular rule may be challenged by various immigration attorneys through litigation for interfering with contractual relationships between an attorney and a client.
Obtaining a labor certification from the DOL entails complex issues legally and procedurally for both the employer and foreign national seeking resident status. Employers and individuals seeking legal representation in these matters should consult experienced immigration counsel.
For further information CLICK HERE - WWW.RREEVES.COM
Posted on:5/31/2007
By Attorneys Robert L. Reeves and Elsie H. Arias
Addressing concerns about fraud and abuse of the labor certification system, the Department of Labor (DOL) recently announced new regulations regarding labor certifications, including ending employers' ability to substitute alien beneficiaries, imposing a 180-day validity period of labor certifications, and regulating the payment of attorney fees associated with the filing of labor certifications. These rules will take effect on July 16, 2007.
As we have previously discussed in this column, the labor certification process is necessary for alien workers to gain lawful permanent residence through an employer for most occupations. Before the Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS) may approve employment-based immigrant visa petitions, the DOL must first certify to the USCIS that: (1) there are not sufficient U.S. workers, who are able, willing, qualified, and available at the time of the application for a visa and admission into the U.S. and at the place where the alien is to perform the work; and (2) the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.
One major change in the adjudication of labor certifications is the substitution of a beneficiary. Although not codified in law or regulation, the USCIS and DOL permits the substitution of new beneficiaries for pending or approved labor certifications to accommodate employers and their labor needs. Unfortunately, the DOL claimed that some unscrupulous lawyers and employers sold labor certifications to foreign nationals not originally identified as the beneficiary and where a bona fide job opportunity did not exist. To prevent this type of abuse in the labor certification system, the DOL will prohibit the substitution of alien beneficiaries on the rule's effective date. Previously-approved substitutions and requests for substitution! s made p rior to July 16, 2007, will remain valid.
In its new rule, the DOL will also impose a 180-day validity period for approved labor certifications. Labor certifications are presently valid for an indefinite time, but after July 16, 2007, employers must file the I-140 immigrant visa petitions with the USCIS within 180 days of the labor certification approval. Immigrant visa petitions filed after 180 days of a labor certification's approval will be denied because the labor certification will no longer be considered valid. Labor certifications approved before the rule's effective date of July 16, 2007, will also be subject to the 180-day deadline, i.e., employers will need to file I-140 visa petitions based on these prior labor certifications prior to January 12, 2008.
The DOL also clarifies in its impending rule that the barter, purchase, and sale of labor certifications is prohibited, and sets forth the ramifications for employers or attorneys engaged in this unlawful conduct, including suspension, criminal indictment, and disbarment.
The most controversial part of the DOL's new rule concerns the payment of costs and attorney fees associated with filing labor certifications. The regulations are presently silent as to whether employer or employee should bear these costs, but the new rule clearly delineates each party's financial obligations. Effective July 16, 2007, attorneys representing both the employer and alien worker in a labor certification must be paid directly by the employer for legal fees associated with preparing the application and representation before the DOL. Employers will also be responsible for paying for advertisements and related costs, which the DOL believes will help safeguard the integrity of the labor certification process. These costs cannot be transferred to or shared with the alien worker. Should the foreign national retain an attorney to represent him in the labor certification process, and this attorney will not also be representing the employer, ! the fore ign national will be allowed to pay fees directly to the attorney. This particular rule may be challenged by various immigration attorneys through litigation for interfering with contractual relationships between an attorney and a client.
Obtaining a labor certification from the DOL entails complex issues legally and procedurally for both the employer and foreign national seeking resident status. Employers and individuals seeking legal representation in these matters should consult experienced immigration counsel.
For further information CLICK HERE - WWW.RREEVES.COM
wallpaper Bastian Van Shield - King Of
PlainSpeak
01-12 08:36 PM
I understand your frustration since I am in the same boat but I feel it is wrong to say that the IV efforts are hurting EB3 folks. Not sure if there is basis to support that. Several IV proposals helped all EB categories and failed mainly due to anti-immigrant lobby.
EB3 situation is completely hopeless and only piecemeal reform can help EB3. I am sorry but I do not understand this discussion since this bill (if it ever comes to debate) impacts across all EB (advanced degrees).
Hear that you EB2 bigoted persons. Here is An EB3 person who is supporting IV inspite of what ever is happening. Will this open your eyes to the fact that EB3 folks are not against EB2 folks,but all that they want is that they should get some measure ofjustice.
Mr gc_dream2009. I feel a respect for you which i do NOT feel for EB2 folks who have tried to denigrate whatever i talked about (Must be their superiority complex)
I would now like to comment on some facts which are result of my observation over a period of 3 years starting from 2007 till current date
The only proposal which helped EB3 is July 2007 fiasco with EAD and AP benefit and before we give thanks to IV please remember that back peddeling by USCIS was not just because of just IV but also because of strong pressure from AILA. If EB3 benefited from July 2007 fiasco it is only because EB3 was part of all the EB categories and not because IV was aware of EB3 plight.
Now after July 2007 nothing has been ever done to relieve pressure on EB3. All the benefit have been provided to EB2 and all EB3 is told is after EB2 gets current EB3 wil get benefit but nobady talks about EB2 never getting current and the fact is EB2 will never get current and till that time EB2 will get all spill over visa and EB3 will get 0 (Zero) spil over visas
EB3 situation is completely hopeless and only piecemeal reform can help EB3. I am sorry but I do not understand this discussion since this bill (if it ever comes to debate) impacts across all EB (advanced degrees).
Hear that you EB2 bigoted persons. Here is An EB3 person who is supporting IV inspite of what ever is happening. Will this open your eyes to the fact that EB3 folks are not against EB2 folks,but all that they want is that they should get some measure ofjustice.
Mr gc_dream2009. I feel a respect for you which i do NOT feel for EB2 folks who have tried to denigrate whatever i talked about (Must be their superiority complex)
I would now like to comment on some facts which are result of my observation over a period of 3 years starting from 2007 till current date
The only proposal which helped EB3 is July 2007 fiasco with EAD and AP benefit and before we give thanks to IV please remember that back peddeling by USCIS was not just because of just IV but also because of strong pressure from AILA. If EB3 benefited from July 2007 fiasco it is only because EB3 was part of all the EB categories and not because IV was aware of EB3 plight.
Now after July 2007 nothing has been ever done to relieve pressure on EB3. All the benefit have been provided to EB2 and all EB3 is told is after EB2 gets current EB3 wil get benefit but nobady talks about EB2 never getting current and the fact is EB2 will never get current and till that time EB2 will get all spill over visa and EB3 will get 0 (Zero) spil over visas
kshitijnt
07-11 05:53 PM
I will write a thank you note to her, at the very least :)
2011 Bastian Van Shield – Mundo
senthil1
04-09 05:33 PM
If this kind of restriction is not done what will be best way to resolve H1b issue? If H1b increase is done and similar increase is not done on GC then also problem to all IV members(retrogession will continue). If there is cap then certainly it will be reached every year within April.
If they restrict consulting then Most of the H1b persons will get permanent job. Because of less number of H1 most of them will get gc within 2 or 3 years. GC holders and US citizens will do consulting. System will adjust iteself within a few months
There are people who have done Masters in computer science in USA, graduated in 2002 and 2003 from top 50 universities and ended up getting training from desi bodyshops who we all love to hate. That training made them capable of gettting H1 and paycheck, not the books they read in US masters courses.
If US universities were up to the job of teaching people what was demanded by market, these folks wouldnt have had to go to desi bodyshops do get training.
I dont have US masters. I had enrolled in US masters degree in fall 2000. I left after 1 semester. During my brief stint as a student of Masters in Computer Science, I did get an opportunity to see what the courses are and what they really teach.
The reason I am lashing at some folks here is that some people are thinking that the Durbin-Grassley bill will benefit them because it will end consulting. Some people dont realize that most US masters degree holders, both MBA and MS (Computer science) find out that in order to get an H1, consulting is THE ONLY OPTION, especially when INTEL, Oracle and Cisco arent recruiting, they do go and stand in queue in front of consutling companies (Desi or otherwise). Also, people doing full-time jobs in silicon valley (what some people call "real jobs") also do fall back to consulting when they are laid off.
When employees of chipmaking and software development companies are laid off en masse, (and many of whom have masters degree from USA) where do they do to fall back and file H1 before the grace period expires?
CONSULTING.
To say that US masters degree holders dont need "Consulting" is the most stupid comment I have ever heard. Also, how important you are to this country or tech industry is to be decided by your boss and your employer. Not by what degrees you have in your resume. So by saying that "We have masters, we deserve better" isnt really going to jive with reality. People get masters degree mostly because its a stepping stone to H1B, just like H1B is the stepping stone to GC. Very few people do masters because they want to learn hi-tech stuff or to get better education.
My comment that you are criticizing was response to such post that said "Durbin Grassley bill is good for US degree holders because we really dont need consulting". Well, you very much do need consulting.
Also, I am seeing lots of grad students and masters degree holders happy about Durbin-Grassley bill. Some of them are under the impression that since they dont do consulting, its good for them since people doing consulting will be out of the queue and that loss will be their gain.
Its really pathetic. This elitist attitude gets organizations in trouble.
This whole attitude of "I dont care as long as its the other guy taking the hit" will cause failure.
If they restrict consulting then Most of the H1b persons will get permanent job. Because of less number of H1 most of them will get gc within 2 or 3 years. GC holders and US citizens will do consulting. System will adjust iteself within a few months
There are people who have done Masters in computer science in USA, graduated in 2002 and 2003 from top 50 universities and ended up getting training from desi bodyshops who we all love to hate. That training made them capable of gettting H1 and paycheck, not the books they read in US masters courses.
If US universities were up to the job of teaching people what was demanded by market, these folks wouldnt have had to go to desi bodyshops do get training.
I dont have US masters. I had enrolled in US masters degree in fall 2000. I left after 1 semester. During my brief stint as a student of Masters in Computer Science, I did get an opportunity to see what the courses are and what they really teach.
The reason I am lashing at some folks here is that some people are thinking that the Durbin-Grassley bill will benefit them because it will end consulting. Some people dont realize that most US masters degree holders, both MBA and MS (Computer science) find out that in order to get an H1, consulting is THE ONLY OPTION, especially when INTEL, Oracle and Cisco arent recruiting, they do go and stand in queue in front of consutling companies (Desi or otherwise). Also, people doing full-time jobs in silicon valley (what some people call "real jobs") also do fall back to consulting when they are laid off.
When employees of chipmaking and software development companies are laid off en masse, (and many of whom have masters degree from USA) where do they do to fall back and file H1 before the grace period expires?
CONSULTING.
To say that US masters degree holders dont need "Consulting" is the most stupid comment I have ever heard. Also, how important you are to this country or tech industry is to be decided by your boss and your employer. Not by what degrees you have in your resume. So by saying that "We have masters, we deserve better" isnt really going to jive with reality. People get masters degree mostly because its a stepping stone to H1B, just like H1B is the stepping stone to GC. Very few people do masters because they want to learn hi-tech stuff or to get better education.
My comment that you are criticizing was response to such post that said "Durbin Grassley bill is good for US degree holders because we really dont need consulting". Well, you very much do need consulting.
Also, I am seeing lots of grad students and masters degree holders happy about Durbin-Grassley bill. Some of them are under the impression that since they dont do consulting, its good for them since people doing consulting will be out of the queue and that loss will be their gain.
Its really pathetic. This elitist attitude gets organizations in trouble.
This whole attitude of "I dont care as long as its the other guy taking the hit" will cause failure.
more...
chanduv23
09-20 12:49 PM
PLEASE DO NOT POST ANY LAWMAKER MEETING STUFF OR SENSITIVE INFORMATION ON THIS THREAD
THIS THREAD IS JUST FOR SHARING SOME NICE MOMENTS SOME MEMORIES AND FOR "OH WAS THAT YOU??" AND "DID WE REALLY MEET?" KIND OF MESSAGES
THIS THREAD IS JUST FOR SHARING SOME NICE MOMENTS SOME MEMORIES AND FOR "OH WAS THAT YOU??" AND "DID WE REALLY MEET?" KIND OF MESSAGES
guyfromsg
11-13 10:01 PM
Saw this letter to editor in Khabar. Hope this helps
Good Work, Houston Consulate!
Recently I�ve read letters from Khabar readers complaining about the service and performance at the Indian Consulate in Houston, Texas. So, when I found out that the Consulate had cancelled (on a whim, it appeared!) publicly announced visa camps in the Atlanta area, I feared the worst. Canceling publicly announced visa camps and not even informing the Indian media in the area or the very organizations that help administer them seemed like the height of disregard by the Consulate for their clients.
The next day I learnt that the Consulate had outsourced the visa processing service to a professional company. Not knowing what to make of it, I was still nervous as I had less than a month to go (I was counting on the visa camp that got cancelled). Thankfully, my experience turned 180 degrees when I began my application process from the link provided on the Consulate�s website for their visa services contractor.
After filling out the form online, the system gave me an ID #. I sent my form and documents by overnight delivery and kept my UPS tracking number handy?just in case! To my surprise, the very next day I received an email acknowledging receipt of the application and an assurance that it�d be processed right away. I was still not convinced that it could be going so smoothly, so the next day I went to the link they sent me to track the progress of my application, and sure enough there were fresh updates on it informing me the status of the application. Exactly a week from the day I mailed the application, I received another email saying my passport/visa had been dispatched back to me, along with the shipping company�s tracking number.
I was thrilled with the speed and professionalism of the whole process and would like to compliment the Consulate in taking this most effective step of partnering with a quality visa service provider.
Satisfied Applicant
Suwanee, Ga.
Good Work, Houston Consulate!
Recently I�ve read letters from Khabar readers complaining about the service and performance at the Indian Consulate in Houston, Texas. So, when I found out that the Consulate had cancelled (on a whim, it appeared!) publicly announced visa camps in the Atlanta area, I feared the worst. Canceling publicly announced visa camps and not even informing the Indian media in the area or the very organizations that help administer them seemed like the height of disregard by the Consulate for their clients.
The next day I learnt that the Consulate had outsourced the visa processing service to a professional company. Not knowing what to make of it, I was still nervous as I had less than a month to go (I was counting on the visa camp that got cancelled). Thankfully, my experience turned 180 degrees when I began my application process from the link provided on the Consulate�s website for their visa services contractor.
After filling out the form online, the system gave me an ID #. I sent my form and documents by overnight delivery and kept my UPS tracking number handy?just in case! To my surprise, the very next day I received an email acknowledging receipt of the application and an assurance that it�d be processed right away. I was still not convinced that it could be going so smoothly, so the next day I went to the link they sent me to track the progress of my application, and sure enough there were fresh updates on it informing me the status of the application. Exactly a week from the day I mailed the application, I received another email saying my passport/visa had been dispatched back to me, along with the shipping company�s tracking number.
I was thrilled with the speed and professionalism of the whole process and would like to compliment the Consulate in taking this most effective step of partnering with a quality visa service provider.
Satisfied Applicant
Suwanee, Ga.
more...
doknek
05-06 09:46 AM
How many more do we need to start acting on the issue?
2010 Spencer amp; Hill amp; Bastian Van
akhilmahajan
09-20 02:26 PM
add to that aman's lost bags and cell phone and constant attempts to call akhil to retrieve his wallet...poor akhil arrived back huffing and puffing and in mortal panic...later we discovered we had his home phone number and had been leaving messages on it for 2 days...and wondering why in the world he would not pick his phone up!
It was a unique situation.........
me and my wife were coming back from a lawmakers meeting and found that Aman was waiting for his wallet as the luggage was in my car...........
while walking fast she scratched her ankle badly and was not able to walk properly............ so i made her sit at an intersection and ran towards the hotel............ then had to rush back to get her, as i had asked to her wait at an intersection....
was fun and by the time i reached back i was like all huffed/puffed up and she was laughing at me...........
It was a unique situation.........
me and my wife were coming back from a lawmakers meeting and found that Aman was waiting for his wallet as the luggage was in my car...........
while walking fast she scratched her ankle badly and was not able to walk properly............ so i made her sit at an intersection and ran towards the hotel............ then had to rush back to get her, as i had asked to her wait at an intersection....
was fun and by the time i reached back i was like all huffed/puffed up and she was laughing at me...........
more...
Winner
09-02 02:47 PM
Friends,
Yesterday, it was our turn too to get the approval notice. It was a long wait like many of you. Checking into IV forums has helped me cope up with the delay. It is more than 8 years since entering US, 6 years since signing up with employer for GC, and five years since filing for labor. BEC and 485 were the biggest unpredictables in the journey. There were times when I thought if it was all that worth. Anyway, now we have completed this arduous journey (being an Indian).
As a token of appreciation for IV and good will for my fellow countrymen continuing the journey, I am also making a contribution of $100/-. I saw someone already made such comment here. Needless to say, my contribution is along the way.
Good luck to all in waiting.
Ramesh
PD - Oct 29, 04
I485 - RD - July 26, 07
I485 - AD - Sep 01, 09
Congrats and Thanks for supporting us with your contribution.
Yesterday, it was our turn too to get the approval notice. It was a long wait like many of you. Checking into IV forums has helped me cope up with the delay. It is more than 8 years since entering US, 6 years since signing up with employer for GC, and five years since filing for labor. BEC and 485 were the biggest unpredictables in the journey. There were times when I thought if it was all that worth. Anyway, now we have completed this arduous journey (being an Indian).
As a token of appreciation for IV and good will for my fellow countrymen continuing the journey, I am also making a contribution of $100/-. I saw someone already made such comment here. Needless to say, my contribution is along the way.
Good luck to all in waiting.
Ramesh
PD - Oct 29, 04
I485 - RD - July 26, 07
I485 - AD - Sep 01, 09
Congrats and Thanks for supporting us with your contribution.
hair Bastian Van Shield
chintu25
01-26 11:16 AM
Next Seminar 7.30 PM EST WEDNESDAY 28TH JANUARY 2009
It will be in IV CHAT ROOM ...No special room this time we will conduct in the main IV chat room . Any questions , please post here
MAJOR TOPICS
Compare brokerages to see which gives best value for the buck
Pattern Matching -- Trading without worrying about any complex charts or even filters or scans....
What are ETFs and how to squeeze them for Money in Volatile markets
REQUEST YOU TO BE ON TIME AND PLEASE RSVP at the SOCIAL NETWORKING PAGE "STOCK MARKET GURUS "
It will be in IV CHAT ROOM ...No special room this time we will conduct in the main IV chat room . Any questions , please post here
MAJOR TOPICS
Compare brokerages to see which gives best value for the buck
Pattern Matching -- Trading without worrying about any complex charts or even filters or scans....
What are ETFs and how to squeeze them for Money in Volatile markets
REQUEST YOU TO BE ON TIME AND PLEASE RSVP at the SOCIAL NETWORKING PAGE "STOCK MARKET GURUS "
more...
rustum
03-10 06:33 PM
You can send 2 x 2 photo.. they will cut and make it like a 3.5cm x 3.5cm Or you can use epassportphoto dot com to get yourself a 3.5cm x 3.5cm passport photos for less.
Can i have both the address to be a India permanent address? Is there any way to avoid US address in passport? Presently i am on H1 visa. I have entered with L1 visa which is expired. Later my company transferred me to H1 visa which is not stamped. What are the documents i need to submit for visa proof?
Can i have both the address to be a India permanent address? Is there any way to avoid US address in passport? Presently i am on H1 visa. I have entered with L1 visa which is expired. Later my company transferred me to H1 visa which is not stamped. What are the documents i need to submit for visa proof?
hot Bastian Van Shield Vs Spencer
gettinthere
04-11 10:30 AM
Hi
Sorry about my lack of knowledge, but what is EB3/ROW? Is "ROW" a short form? Can someone explain or guide me to a link?
Sorry about my lack of knowledge, but what is EB3/ROW? Is "ROW" a short form? Can someone explain or guide me to a link?
more...
house Bastian Van Shield: The Empire
krishnam70
07-11 09:07 PM
http://www.usimmlaw.com/current_information.htm
Posted July 11, 2007
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
Posted July 9, 2007
Is this because of the strong condemnation from the US congress women Ms Lof that prompted it to do this to cover their tracks? Did some people miss their chance because of this?
Posted July 11, 2007
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
Posted July 9, 2007
Is this because of the strong condemnation from the US congress women Ms Lof that prompted it to do this to cover their tracks? Did some people miss their chance because of this?
tattoo Bastian Van Shield - With Dust
cshen
02-22 06:59 PM
There is new data available regarding the PERM LC data, like how many PERM has been approved so far, I have tried to copy and and paste, but could not make it work. To sum it up, it is very bad for indian born applicants, while China Mainland is not too bad, since they have far few people in line comaring to Indians.
I can find the link for you guys. It is seems with any policies changes, it will be decades for Indian priority date to be surrent.
I can find the link for you guys. It is seems with any policies changes, it will be decades for Indian priority date to be surrent.
more...
pictures Bastian Van Shield Vs Spencer
RandyK
03-17 01:43 PM
I took a poll on this website like a year ago.
The results were very similar to the trackkit poll.
In summary, about
50% are with PDs of Year 2000 - 2004 and 50% 2005 - 2007.
I was surprised to find EB3 PDs in 2000 and 2001 but there were few.
So far this poll is also showing similar results.
The results were very similar to the trackkit poll.
In summary, about
50% are with PDs of Year 2000 - 2004 and 50% 2005 - 2007.
I was surprised to find EB3 PDs in 2000 and 2001 but there were few.
So far this poll is also showing similar results.
dresses Bastian Van Shield
vasa
09-20 02:43 PM
i had pleasuer to meet with aman/logic life/paskal/pappu. it made some good sense to put a face with the IV handle and it does helps a lot.
over all my experience was that all members (core and non core) worked earnestly to make anything and everything possible. i know it as i was outside the room where all the action was... and could see honesty in every action.
this will go down as long lasting memories with me...
thanks
vasa
over all my experience was that all members (core and non core) worked earnestly to make anything and everything possible. i know it as i was outside the room where all the action was... and could see honesty in every action.
this will go down as long lasting memories with me...
thanks
vasa
more...
makeup Bastian Van Shield - Mundo
sandy_anand
05-03 03:53 PM
i got an approval email for me and my wife last night.
PD: June 29, 2006
Texas Service Center
Congratulations!
PD: June 29, 2006
Texas Service Center
Congratulations!
girlfriend comin soon Bastian Van Shield
akred
04-14 12:56 AM
Old thread on the same subject.
http://immigrationvoice.org/forum/showthread.php?t=1454
http://immigrationvoice.org/forum/showthread.php?t=1454
hairstyles Bastian Van Shield - With Dust
no_more_anger
05-04 12:30 PM
> On the same note guys..Nothing changes after GC.
Actually, it does. If you get a GC, you have the option to get citizenship in 5 yrs. If
you get citizenship, you can get Social security.....irrespective of whether you live in
US or in Timbaktu. So IMO, the biggest advantage of GC is getting back the money
you've been paying as part of Social security taxes.
And for those of you who think Social Security will run bankrupt....that will never happen,
or the US president will lose his job. The Govt will always fund SS even if it means
increasing a ballooning deficit.
Actually, it does. If you get a GC, you have the option to get citizenship in 5 yrs. If
you get citizenship, you can get Social security.....irrespective of whether you live in
US or in Timbaktu. So IMO, the biggest advantage of GC is getting back the money
you've been paying as part of Social security taxes.
And for those of you who think Social Security will run bankrupt....that will never happen,
or the US president will lose his job. The Govt will always fund SS even if it means
increasing a ballooning deficit.
krishnam70
08-14 05:16 PM
I've heard one successful case who's CSPA age was 3 days over, but eventually his lawyer helped him got the visa. I'm hoping I can get some feedback or information on more similar cases. If anyone has ever heard about a similar situation (petition filed before Sep. 11, 2001, aged-out by CSPA, but benefited from Patriot Act 45-days extension), please let me know. Thanks!
This is one group where lot of advocacy happens for Family based GC.
http://www.unitefamilies.org/
you may also want to get some advise/action points from there
- good luck
This is one group where lot of advocacy happens for Family based GC.
http://www.unitefamilies.org/
you may also want to get some advise/action points from there
- good luck
Lalitha
04-27 01:50 PM
thanks for the reply.
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