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  • 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





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  • naidu2543
    05-15 01:37 PM
    I got an appointment with Mr.Gotcher tomorrow and will keep you posted. Please let me know if you have any specific questions. I will respresent the same with Mr.Gotcher.

    Thanks.

    Let me know if you need any help. I will share the expenses if you incur any for this consultation.





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  • Jaime
    01-30 12:09 PM
    Hopefully the new people at DOL will stop over-scrutinizing PERM filings and let the processing time go back to normal levels! Let's be optimistic!





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  • spicy_guy
    07-14 10:56 AM
    I dont have knowledge/experience in leading these efforts. I can give an 30-60 mins of time everyday and contribute. If someone has more experience, ready to help.

    Thats fine. I think GCPerm is fit for this. GCPerm?



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  • ujjvalkoul
    01-17 03:51 PM
    Can we get a count of people who sign up for Recurring payments....The rising numbers may encourage others to follow suit.





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  • pani_6
    05-16 01:22 PM
    Is this done before you apply for after you apply for I-485??..I called one of the doctor and they said that once you apply uscis will direct you to get the tests done...is this true??..



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  • StarSun
    03-18 09:49 AM
    Thank you Gustavo!
    Many thanks to all the volunteers working diligently in encouraging members to participate in the DC event.





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  • imh1b
    03-25 03:48 PM
    1. You stopped worrying because you got your EAD at least.

    2. USCIS is not asking to prove relationship with your great grandparents every time you go for H1B extension

    3. You don’t need to worry about the VO at POE or consulate and not postponing your India trip for 3-4 years now.

    4. Even though you are on project and pay roll is running, paying the tax...don’t lose your sleep over what memo comes next before the next H1B extension.

    Our people are not worrying until it strikes them. Till then they will ask all sorts of questions and have attitude of why should I donate. You can see now and then a thread on IV - Help urgent, I-485 denied, H4- denied.

    Why its urgent now for them...?

    Totally agree with ya.

    Unless crises strikes people and they are shatters they do not care.

    Just see the old threads of EAD delays. All these people with EADs were sobbing on those threads pleading to IV to help them. Most did not have a donor status or had contributed a dime. They were on the verge of losing their jobs when IV helped them get their EADs on time. Now where are all those hundreds of people. Are they contributing a dime for the lobby day? I bet after 2 years, they will come again to IV and sob about EADs delays and ask IV to help them.



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  • sobers
    06-07 01:40 PM
    House GOP threatens to �blue-slip� bill (The Hill)

    By Jonathan Allen

    Lawmakers are shrouding themselves in a thin slip of blue paper as deep divisions on immigration policy are again being laid bare.

    House Republicans have threatened to deliver a �blue slip� rejection of the Senate immigration bill, and Senate Democrats are blocking efforts to circumvent that maneuver.

    The result is a procedural paralysis that has prevented the two chambers from even naming conference negotiators, a clear sign of the difficulties facing proponents of an immigration overhaul.

    The Senate-written immigration bill contains tax provisions, violating the Constitution�s requirement that all revenue measures originate in the House. Any House member could object to the Senate bill on that basis, forcing debate and a vote on whether to reject the measure outright.

    Ways and Means Chairman Bill Thomas (R-Calif.) is considered the most likely to raise such an objection, but any number of House conservatives would be happy to kill the Senate bill. To avoid that fate, Senate Republican leaders want to bring up a separate House-passed tax bill, gut it and replace its provisions with the Senate immigration bill. But Senate Minority Leader Harry Reid (D-Nev.) has objected to that maneuver.

    Reid said he is concerned that using a House-passed tax vehicle could invite the introduction of unrelated tax cuts into House-Senate conference negotiations. If President Bush wants progress on the bill, he should tell House Republicans, �Don�t raise the blue-slip issue,� Reid said.

    But Republicans say the problem is Reid, not the blue slip.

    �Unfortunately, the minority leader over there, Harry Reid, continues to stand in the way,� House Majority Leader John Boehner (R-Ohio) said yesterday. �I think he ought to quit playing politics.�

    As lawmakers engaged a new round of finger-pointing yesterday, one thing remained clear: The immigration bill is stuck.

    Conservative Republicans are dead-set against the Senate bill, which would beef up border security, establish a temporary-worker program and allow many of the 11 million to 12 million illegal immigrants in the country now to become citizens eventually.

    The House version focuses solely on border security, and many House Republicans say the Senate bill would grant amnesty to millions of immigrants who broke the law to get here.

    But proponents of the Senate bill say the blue-slip threat is merely a distraction, one of a number of tools the bill�s critics could use to thwart its progress if they chose to do so. If the will exists to strike a deal, they say, procedural roadblocks will not be a problem.

    �Some technical blue slip is not going to stop any resolution that we come to,� Sen. John McCain (R-Ariz.), a chief proponent of the Senate bill, said yesterday. �Let�s not get caught up in the minutiae and the weeds.�

    McCain was among the leaders of a bipartisan core of senators who struck a deal on the immigration bill and then shepherded it through the Senate last month. Sixty-two senators, most of them Democrats, voted for the final bill.

    The legislation drew harsh criticism from Senate conservatives, many of whom voted against it. Even if Reid were to allow GOP leaders to move forward, there is no guarantee that Republican senators would not use procedural weapons to stop action.

    Sen. Jeff Sessions (R-Ala.) tried to kill the bill on its first trip through the Senate.

    Sessions sent a �Dear Colleague� letter yesterday in which he urged colleagues to study the details of the immigration bill, particularly the number of legal immigrants it would allow into the country in future years.

    �It remains deeply flawed,� he wrote.

    Republicans hinted yesterday that they have other options for getting around the blue-slip problem.

    �There�s always a Plan B,� said Eric Ueland, chief of staff to Senate Majority Leader Bill Frist (R-Tenn.).

    In 2000, House and Senate leaders circumvented a similar problem by appointing �shadow� conferees to a bankruptcy bill and attaching their work product to the conference report on a separate bill, according to Walter J. Oleszek�s Congressional Procedures and the Policy Process.

    But alternatives and timelines were in short supply yesterday.

    �Things can break loose at any time,� Ueland said.





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  • SGP
    04-09 06:37 PM
    $$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$

    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.

    As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.

    Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
    Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative

    As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.

    The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
    -------------------------------------------------------------------------------------------------
    What can you do to participate?
    1) Vote on the poll/survey created by Pappu.

    http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html

    Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated

    2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.

    I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)

    3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.

    Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.

    Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)

    (Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)

    Immigration Wiki -
    I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)

    ------------------------------------------------------------------------------------------------
    PM these members for additional info:
    nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
    Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
    ------------------------------------------------------------------------------------------------



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  • new_horizon
    05-16 06:23 PM
    I called the offices of all the congressman/women listed here. I could speak to the office staff of only one congressman. I left a voicemail for the rest of them.





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  • slammer
    03-27 09:50 AM
    Any body from EB3 ROW consular pr.????
    -----------------------------------------
    EB3 ROW PD July 2006/I-140 still pending 380day

    Yupp, we have to go through CP in Montreal. Our PD is Feb/2006. We hope to be current this year ! There seems to be some hope ?????



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  • GC_Applicant
    09-24 05:51 PM
    I'm not aiming for the stars., but just the lamp post :D

    How about flexibility in changing jobs after I-485 filing

    Three year EAD+AP

    Counting the qualifying year for Citizenship from I-485 filing date.

    Granting in-state status for students where their parents have I-485 pending for five years or more

    Visa validation or stamping within US



    [QUOTE=Chris Rock;961251]

    If you are a CEO what would you do to solve the EB3 India issue.

    Please present your ideas here. Just the ideas.

    QUOTE]





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  • supplychainwalla
    04-08 09:34 PM
    Can you stop your f*** mouth?. Are you educated and have ethics?. If you do not like this idea get out of this thread. There are people who give good suggestions and welcome this idea. I am seeing all your posts in this forum. You are a bullshit guy by nature. Get lost.
    IV admin, please ban this guy (supplychainwalla) from all the forums. we do not need such perverted broots in the high skilled forum.

    Watch your language pal.FYI I am highly educated,and that is reflected in my thoughts and my words,not to mention my motive to discredit ideas that will not fly.Also,you need to work on your language construction skills and English, and then may be you can come up with ideas benefit a community such as IV.



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  • X-Wing
    08-03 09:07 AM
    Today I received 'Card Production' ordered emails for both my spouse and me...
    Transpass, congratulations!

    You give me hope amidst my fear :)





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  • santa123
    01-24 08:57 AM
    good point ..I do invest in stocks / ETF's and funds ...but I would definitely say ..stay away from day trading !!! be diversified, invest in good companies (invest only pocket money/minor amount in very risky assets) and for the long term ..i.e. you should not need that money during emergencies ..STAY AWAY from all day trading softwares !!! and if you cannot take losses (or are happy with normal returns) ...stay away from stocks (except for a small portfolio/ 401 etc) completely

    Hi Albertopinto,
    Can you pls elaborate on why your are suggesting to stay away from day trading? wht kind of exp hv you had with day trading? I want to know the pros and cons and hear the experience from ppl with hands on / who hv tried day trading in the US and found it too risky. Thanks!



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  • GC_Optimist
    01-18 08:57 AM
    Good Luck to all of us.





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  • santb1975
    04-17 04:15 PM
    We gotto





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  • Caliber
    02-01 07:35 PM
    you seem to be correct ....

    i just looked at the amendments in detail and this provision was in SA 180.
    I am a bit unsure though of what happened to SA 180. Did it get amended by some other amendment. It does not appear to have been tabled. I apologize to everyone but I had stated right in the beginning that I may be totally wrong.
    TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION

    Sec..1601..Elimination of existing backlogs.

    Sec..1602..Country limits.

    Sec..1603..Allocation of immigrant visas.

    Sec..1604..Relief for children and widows.

    Sec..1605..Amending the affidavit of support requirements.

    Sec..1606..Discretionary authority.

    Sec..1607..Family unity.





    niklshah
    01-14 11:31 AM
    Please use proper language 'money helper'
    You think you can make people who are not even aware of 'day trading' the greatest financial experts, by your 'blogs' (where are they?)
    I don't want your 'cake', for that matter anybody's. You eat well (and have stomach problems). Why bother to educate this nonsense here.
    I asked because when you try people to this trap, you should have the basic decency to tell atleast how much you lost!
    if people are interested in financial investments and if they have enough knowledge, surely they won't come here to read your crap. Anyway those who become educated reading things here are destined to lose.

    i dont understand why people wants to contradict in every post, chintu is trying to share some knowledge if u dont want it thats fine u dont need to contradict it....even i dont do this stock stuff but that does not mean i should contradict it...





    Gravitation
    10-05 04:53 PM
    I am ROW-3, Applied for I-485 and EAD cards for my self and my family members. RD 06/19/07, ND 07/19/07. Received EAD cards, finished finger prints and waiting for name check.

    I have another family petition (theu my Dad) and my periorty date became current this month. I do not know what to do. To go ahead and apply for GC using may father's petition or to waite untile I hear from INS regarding the work petition.

    The cost will be about 4,000 $ and I am afraid that I will be stuck in the name check againe. I was told that I can only have one pending GC petition at all times. The advantage of the family based petition is to be able to work for any employer, no restrictions at all.

    Any ideas, please advise.
    Can you replace the underlying I-140 with I-130? I know it's possible to replace an I-140 with another.



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