ItIsNotFunny
06-05 02:56 PM
Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.
Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.
There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.
Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.
There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.
wallpaper 2010 2010 ashton kutcher demi
iviviv
10-09 01:14 PM
Been contemplating Australian or Canadian migration to get around the retrogresion issue. Are there any former H-1Bs out there who got Canadian citizenship and then applied for US green cards? Please describe your experiences.
How about any Australan nationals who obtained Australian nationality and then
obtained US green cards?
Please describe your experiences- both good and bad.
How about any Australan nationals who obtained Australian nationality and then
obtained US green cards?
Please describe your experiences- both good and bad.
rb_248
08-15 09:21 AM
All this seems like racial profiling to me. Albeit, such episodes are coming down after Obama took office......in my opinion.
2011 Demi Moore amp; Ashton Kutcher
vikki76
01-13 05:38 PM
IV Core and Administrators
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
more...
hiralal
07-27 06:31 AM
I personally think it is the worst thing that a person can do - I have done some research on the money that you can make on such pyramid businesses and it is pitiful ..maybe a beggar makes more. it comes to around 2 -3 percent cash and when you add the time you lose standing in walmarts, temples etc, the loss of your time, loss of friends, loss of time towards your kids and you can make out that it is a BIG WASTE. in the end it is a pyramid and ponzi scheme ...those who join late will always be the LOSER's. you can make more money by working part-time even in some super mart's.
miami75
07-04 11:24 AM
John Harwood at john.harwood@wsj.com
Here are media contacts:
60m@cbsnews.com
HDNet: Dan Rather reports
mcuban@hd.net, wnelson@hd.net
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com
AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
Drmanny@foxnews.com ;
Lisonlaw2@foxnews.com ;
YourComments@foxnews.com ;
Beltway@foxnews.com ;
Myword@foxnews.com ;
Bigstory-weekend@foxnews.com ; Bigstoryweekend@foxnews.com ;
Bullsandbears@foxnews.com ;
Cash@foxnews.com ;
Cavuto@foxnews.com ;
Fncimag@foxnews.com ;
Forbes@foxnews.com ;
Friends@foxnews.com ;
Feedback@foxnews.com ;
Jamie@foxnews.com ;
Fncspecials@foxnews.com ;
FNS@foxnews.com ;
Newswatch@foxnews.com ;
Foxreport@foxnews.com ;
Atlarge@foxnews.com ;
Heartland@foxnews.com ;
JER@foxnews.com ;
Lineup@foxnews.com ;
Ontherecord@foxnews.com ;
Oreilly@foxnews.com ;
Redeye@foxnews.com ;
Special@foxnews.com ;
Studiob@foxnews.com ;
Hemmer@foxnews.com ;
Colonelscorner@foxnews.com ;
Housecall@foxnews.com ;
Hannity@foxnews.com ;
Colmes@foxnews.com
Here are media contacts:
60m@cbsnews.com
HDNet: Dan Rather reports
mcuban@hd.net, wnelson@hd.net
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com
AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
Drmanny@foxnews.com ;
Lisonlaw2@foxnews.com ;
YourComments@foxnews.com ;
Beltway@foxnews.com ;
Myword@foxnews.com ;
Bigstory-weekend@foxnews.com ; Bigstoryweekend@foxnews.com ;
Bullsandbears@foxnews.com ;
Cash@foxnews.com ;
Cavuto@foxnews.com ;
Fncimag@foxnews.com ;
Forbes@foxnews.com ;
Friends@foxnews.com ;
Feedback@foxnews.com ;
Jamie@foxnews.com ;
Fncspecials@foxnews.com ;
FNS@foxnews.com ;
Newswatch@foxnews.com ;
Foxreport@foxnews.com ;
Atlarge@foxnews.com ;
Heartland@foxnews.com ;
JER@foxnews.com ;
Lineup@foxnews.com ;
Ontherecord@foxnews.com ;
Oreilly@foxnews.com ;
Redeye@foxnews.com ;
Special@foxnews.com ;
Studiob@foxnews.com ;
Hemmer@foxnews.com ;
Colonelscorner@foxnews.com ;
Housecall@foxnews.com ;
Hannity@foxnews.com ;
Colmes@foxnews.com
more...
Keeme
07-29 10:59 AM
Hi,
Here is the case : I'm working for company A since long and has an H1B valid till Mid 2010.
Company B has sponsored a GC for me. Its EB3 - India with PD Mid 2003 and I485 was filed on June 11 2007. Waiting for PD to be current.
EAD was applied on 06/27/08 and was approved yesterday for 2 years.
In this case,
1. Will be advisable to start working with sponsoring company B on EAD or continue with company A which is holding my H1 and where I'm right now ? Since there is no direct employment relation between applicant with company B, I think its better to join GC sponsoring company sooner than later. I was on Company B's payroll for 2 years in 2002-03
2. Will it be considered under AC21 ? Should USCIS be informed on that change ?
3. What will happen to my H1B status which is good and valid till mid 2010 ?
5 About dependants, my wife has applied EAD few months back and already started working with her approved EAD. My son is having H4 status.
Any issue for them if I use EAD and move to company B ?
4. In case I want to join some other company or start own business in near future, What will be the best step today in order to avoid any problems in GC process or after having GC ?
Let me know If I may not be that clear in explaining my situation.
Here is the case : I'm working for company A since long and has an H1B valid till Mid 2010.
Company B has sponsored a GC for me. Its EB3 - India with PD Mid 2003 and I485 was filed on June 11 2007. Waiting for PD to be current.
EAD was applied on 06/27/08 and was approved yesterday for 2 years.
In this case,
1. Will be advisable to start working with sponsoring company B on EAD or continue with company A which is holding my H1 and where I'm right now ? Since there is no direct employment relation between applicant with company B, I think its better to join GC sponsoring company sooner than later. I was on Company B's payroll for 2 years in 2002-03
2. Will it be considered under AC21 ? Should USCIS be informed on that change ?
3. What will happen to my H1B status which is good and valid till mid 2010 ?
5 About dependants, my wife has applied EAD few months back and already started working with her approved EAD. My son is having H4 status.
Any issue for them if I use EAD and move to company B ?
4. In case I want to join some other company or start own business in near future, What will be the best step today in order to avoid any problems in GC process or after having GC ?
Let me know If I may not be that clear in explaining my situation.
2010 Ashton Kutcher and Demi Moore
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.....
more...
pnara2
01-05 06:05 PM
Yes, this discussion is not needed on here! Let us focus on immigration related persistent issues!
hair Ashton Kutcher Demi Moore
poorslumdog
08-15 09:44 PM
I think we should take the SRK-the-global-icon factor out of the equation and just focus on the ridiculous system that is in place. There were other immigration officers attesting SRK's identity, he showed the officer his event invitation -- what else do you need? Does the whole Muslim world have to pay a price for 9/11? Should the airports around the world put in a 2 hour interrogation for anyone with last name as Bush?
I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
more...
nixstor
07-03 05:23 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
hot Ashton Kutcher amp; Demi Moore
softcrowd
05-29 10:31 AM
So, based on this prediction - Eb2 may not even cross year 2004 by end of FY2010 quota...Is my understanding correct?
more...
house Ashton Kutcher and Demi Moore
engineer
09-24 01:17 PM
great idea, totally support it. I already sent message and asking all my contacts to do so asap.
For all nay-sayers, chronic pessimist, I am ROW and I know Removal of Country Quota may hurt me but does not matter.
This is the only forum which can help Immigrants so I believe in it's leadership and I know they will continue to tackle issues faced by all of us.
regards,
For all nay-sayers, chronic pessimist, I am ROW and I know Removal of Country Quota may hurt me but does not matter.
This is the only forum which can help Immigrants so I believe in it's leadership and I know they will continue to tackle issues faced by all of us.
regards,
tattoo Ashton Kutcher and Demi Moore
alterego
12-14 05:26 PM
An additional thing I want to point out is that the US cannot make itself diverse by restricting immigration to a diverse population mix. It is a well known fact that Hispanic american women bear many more children than Caucasian american women. How does america fix that, and if it does not then why talk about diversity in immigration?
more...
pictures Ashton Kutcher Alessandra
gjoe
02-14 03:27 PM
How many of us who contributed to IV mentioned that in the AOS application form I485. I guess you are supposed to disclose your affiliation to IV, atleast when you are a contributing member. If this is true most of us will automatically disqualify for a GC because we failed to disclose information truthfully
.
also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.
just my 2c.
BTW I will contribute upto $1000 for this lawsuit initially. I think Law suit is the rightway to go. We should not be afraid to file a lawsuit. We have come halfway around this world to make our careers and life in the USA knowing well that the bodyshoppers will exploit us until we get our GC. We are in a situation were we never even dreamed before that a govt agency like USCIS will also keep our lifes in limbo like the bloodsucking bodyshoppers. Now it is our turn to step up and take the fight. We will not lose anything even if we fail, afterall our lives on this earth is nothing but a fight for our survival and what we believe in.
LET US RISE UP AND MARCH FORWARD.
.
also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.
just my 2c.
BTW I will contribute upto $1000 for this lawsuit initially. I think Law suit is the rightway to go. We should not be afraid to file a lawsuit. We have come halfway around this world to make our careers and life in the USA knowing well that the bodyshoppers will exploit us until we get our GC. We are in a situation were we never even dreamed before that a govt agency like USCIS will also keep our lifes in limbo like the bloodsucking bodyshoppers. Now it is our turn to step up and take the fight. We will not lose anything even if we fail, afterall our lives on this earth is nothing but a fight for our survival and what we believe in.
LET US RISE UP AND MARCH FORWARD.
dresses Demi Moore Ashton Kutcher
hopefulgc
02-12 08:40 PM
Poll results thus far: 201Yes 36No
Wow.. guess who is unpopular around these parts :)
As suggested by many, its time to find out what we can get together as far as commitment goes.
I am a lowly member. While I have raised this issue, I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help
We may have different school of thoughts, but we are all still IV. No matter what we do, it is more important for us to be united and not let an issue like this cleave us. It would be nice to hear where the IV leadership stands on this and what kind of support can be expected.
Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.
Q) Do you commit to participate in a class action lawsuit against USCIS
Options:
1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
2) Yes. I am willing to commit $500
3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
4) Yes. I'm willing to commit $500 and become a plaintiff as well
5) No. I don't think it will work
More info:
----------------------------------------------
What: Lawsuit against USCIS
Why: Possibly the only near term solution to retrogression. 218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check). The terms of settlement would include RECAPTURE OF LOST VISAS along with recovery of cost of litigation. Apparently, about 50 asylees have filed a similar lawsuit to challenge the retrogression in their category.
Who: All thos who are willing to make this change. You indicate your willingness and support by saying 'Yes' in the poll above. The poll above is just a headcount. We are hoping we can count on you for support.
How: We can kick this off with an initial consultation with an attorney. A $$ collection will soon be organized depending on the support expressed in the poll.
Can we do it? Yes... If we can come to this great country with just 2 bags in our hands and create a life for us here... we can totally do this.
NOTE: IV core forever rocks in our books for what they did relating to July 2nd. IV's agenda cannot be discounted. We are all part of IV and it would be very nice to get direction from them on how can take this further correctly. We will see members who do not agree with our point of view. The least we can do is attempt to understand their point of view.
Great info posted by member lazycis related to this:
http://immigrationvoice.org/forum/showthread.php?p=222939#post222939
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
Original Post follows:
----------------------------------------------
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Wow.. guess who is unpopular around these parts :)
As suggested by many, its time to find out what we can get together as far as commitment goes.
I am a lowly member. While I have raised this issue, I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help
We may have different school of thoughts, but we are all still IV. No matter what we do, it is more important for us to be united and not let an issue like this cleave us. It would be nice to hear where the IV leadership stands on this and what kind of support can be expected.
Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.
Q) Do you commit to participate in a class action lawsuit against USCIS
Options:
1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
2) Yes. I am willing to commit $500
3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
4) Yes. I'm willing to commit $500 and become a plaintiff as well
5) No. I don't think it will work
More info:
----------------------------------------------
What: Lawsuit against USCIS
Why: Possibly the only near term solution to retrogression. 218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check). The terms of settlement would include RECAPTURE OF LOST VISAS along with recovery of cost of litigation. Apparently, about 50 asylees have filed a similar lawsuit to challenge the retrogression in their category.
Who: All thos who are willing to make this change. You indicate your willingness and support by saying 'Yes' in the poll above. The poll above is just a headcount. We are hoping we can count on you for support.
How: We can kick this off with an initial consultation with an attorney. A $$ collection will soon be organized depending on the support expressed in the poll.
Can we do it? Yes... If we can come to this great country with just 2 bags in our hands and create a life for us here... we can totally do this.
NOTE: IV core forever rocks in our books for what they did relating to July 2nd. IV's agenda cannot be discounted. We are all part of IV and it would be very nice to get direction from them on how can take this further correctly. We will see members who do not agree with our point of view. The least we can do is attempt to understand their point of view.
Great info posted by member lazycis related to this:
http://immigrationvoice.org/forum/showthread.php?p=222939#post222939
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
Original Post follows:
----------------------------------------------
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
more...
makeup 2011 Ashton Kutcher Marriage.
grimreaper
07-21 05:10 PM
I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.
But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).
So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.
How does this sound to others?
Sounds like a good approach. I am going to use this line as a greeter in the future.
But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).
So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.
How does this sound to others?
Sounds like a good approach. I am going to use this line as a greeter in the future.
girlfriend Ashton Kutcher, Demi Moore
praveenuppaluri
04-01 03:32 PM
Mirage, thanks for the correction..
wondering what he is going to promise to people of Moradabad !?!
Litte correction dude, Hyderabad people know this man from top to bottom, so he's contesting from Moradabad.
wondering what he is going to promise to people of Moradabad !?!
Litte correction dude, Hyderabad people know this man from top to bottom, so he's contesting from Moradabad.
hairstyles 2011 Ashton Kutcher, Demi
apnair2002
04-29 09:23 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
ramaonline
06-01 03:09 PM
Thanks for the post
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work.
Per the current grey SS Rules, you cannot claim SS benefits on retirement if you are an Indian citizen residing in India at the time of filing the claim. (Even if you have accumulated 40 credits)
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work.
Per the current grey SS Rules, you cannot claim SS benefits on retirement if you are an Indian citizen residing in India at the time of filing the claim. (Even if you have accumulated 40 credits)
like_watching_paint_dry
07-25 10:35 AM
And what reason might that be? To be born in an insanely ridiculously pathetically gutterish country like India you need to have been a sinner in your previous life.
Have some respect for your motherland. The country may have its problems and it may be heading for the worse - thanks to our politicians. You can point it out and take actions like emigrate elsewhere. But you dont have to get insultive and abusive of the soil you grew up on. In doing so, you only show the meekness of your character.
Have some respect for your motherland. The country may have its problems and it may be heading for the worse - thanks to our politicians. You can point it out and take actions like emigrate elsewhere. But you dont have to get insultive and abusive of the soil you grew up on. In doing so, you only show the meekness of your character.
No comments:
Post a Comment