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06-12 09:10 AM
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GCard_Dream
01-30 06:35 PM
- from immigration-law.com
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
rangaswamy
07-11 02:04 AM
I have forwarded this within my company and also have made arrangements to send it to Cisco.
i hope we make this a silent no-slogan protest.
banners will convey our point.
i hope we make this a silent no-slogan protest.
banners will convey our point.
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pdakwala
04-11 01:23 PM
Thanks Know_DOL AND lOST_IN_Migration for your support. Please keep up the good work. It is DO or DIE situation for all of us stuck in retrogression. Miracle happens when we do something. By not going anything we are accepting the defeat.
People, please come forward and contribute.
People, please come forward and contribute.
more...
Rajeev
01-31 05:02 PM
The questions are at numbers 3 and 8 at this moment, under most popular.
santb1975
05-23 10:19 PM
congresswoman Lucille Roybal-Allard from the list as she is now the co sponsor of all three bills
what was the decision though?
what was the decision though?
more...
anzerraja
07-20 09:35 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
People, since Aman and lets not forget other core members also who I am sure have racked up a lot of out of pocket cost we as a community should gather funds for administrative cost also. GC is not just Aman's/ pappu/logiclife and others core member's dream...its OUR dream, and its not fair that in spite of knowing the time and money spent by the core members we donot share the burden.
So here is what I am thinking, there are 21000+ members of which I think 10,000 can be considered the real people (I am sure there are more..but a real conservative estimate) if we all pitch in $10 for administrative cost I think it would not put any dent in our pockets and this collective effort would not create a financial burden on any of the core members.
Even though IV is not for profit, there is no rule which says that you cannot have funds for administrative cost. In fact one rule of thumb to give to any NOP charitable organization like united way etc is to look at their admin cost. Why not IV have that.
Any thoughts!
Lets not make this a core team fight only...people are jumping in the boat and asking all and any question they can..and when it comes to giving money they will say that..oh I cant no money...I am not a rich guy my self but managed to give $200 and now signed up for $50 yesterday...looking at what a lot of people are doing I think I might have to go to $100.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
People, since Aman and lets not forget other core members also who I am sure have racked up a lot of out of pocket cost we as a community should gather funds for administrative cost also. GC is not just Aman's/ pappu/logiclife and others core member's dream...its OUR dream, and its not fair that in spite of knowing the time and money spent by the core members we donot share the burden.
So here is what I am thinking, there are 21000+ members of which I think 10,000 can be considered the real people (I am sure there are more..but a real conservative estimate) if we all pitch in $10 for administrative cost I think it would not put any dent in our pockets and this collective effort would not create a financial burden on any of the core members.
Even though IV is not for profit, there is no rule which says that you cannot have funds for administrative cost. In fact one rule of thumb to give to any NOP charitable organization like united way etc is to look at their admin cost. Why not IV have that.
Any thoughts!
Lets not make this a core team fight only...people are jumping in the boat and asking all and any question they can..and when it comes to giving money they will say that..oh I cant no money...I am not a rich guy my self but managed to give $200 and now signed up for $50 yesterday...looking at what a lot of people are doing I think I might have to go to $100.
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bigboy007
07-23 12:00 AM
any developments guys ?
more...
abhijitp
12-03 05:39 PM
IMO Volunteering and contribution are not separate. It's member buy-in. Either you agree to a principle or you don't. If you agree, you'll contribute as well as volunteer (when you can). If you don't agree, you don't.
Very well said!
Very well said!
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sc3
09-24 01:55 AM
You are right, it is very hard to digest, even for you, who seems to support it. And, if I may add, your example it too "complicated" for me. Try giving easy example for me, I am kind a slow, maybe I should get some "preferential treatment". Yes, that's the word, "preferential".
Country quota is NOT affirmative action, nowhere even close. If you are socio-politically dominated by Indian or Chinese, yes, then it is affirmative action. But if you do not come from a place there Indian and Chinese imperial powers have taken over the country, then how are you socio-politically dominated by Indian or Chinese. And if you are not dominated by Indian or Chinese in the country where you came from, then how could it be "like" affarmative action.
Maybe you yet don't know, but Indian and Chinese EB applications cannot vote and they do not have any representation in the US government. So its not that you are "not properly represented" and Indian and Chinese have all the representation. WE ALL HAVE NO REPRESENTATION. Just so that its clear.
Your next argument is that you are "overwhelmed" by Indian and Chinese so there should be country-limits. Well, I can understand that, we are very overwhelming people. You see 40% of the world population gets 14% green card, we tend to become "overwhelming" for other.
Observation: Each time, I reply to each and every part of your post. But you totally ignore what I write. You did not answer whether you think you are equal? inferior? or superior? That is the question. Hope you answer that.
Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?
BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D
Cheers,
I did answer you question, though not explicitly. I hinted that all of us are equal. And BTW: I am an Indian!! (with India as my chargeability area).
Everybody: no posts about frogs pulling down frogs, alright. This discussion is anything but.
And Thanks for the vid post. I am a sucker for comedy (anything to get out of the tragedy that is GC process).
Country quota is NOT affirmative action, nowhere even close. If you are socio-politically dominated by Indian or Chinese, yes, then it is affirmative action. But if you do not come from a place there Indian and Chinese imperial powers have taken over the country, then how are you socio-politically dominated by Indian or Chinese. And if you are not dominated by Indian or Chinese in the country where you came from, then how could it be "like" affarmative action.
Maybe you yet don't know, but Indian and Chinese EB applications cannot vote and they do not have any representation in the US government. So its not that you are "not properly represented" and Indian and Chinese have all the representation. WE ALL HAVE NO REPRESENTATION. Just so that its clear.
Your next argument is that you are "overwhelmed" by Indian and Chinese so there should be country-limits. Well, I can understand that, we are very overwhelming people. You see 40% of the world population gets 14% green card, we tend to become "overwhelming" for other.
Observation: Each time, I reply to each and every part of your post. But you totally ignore what I write. You did not answer whether you think you are equal? inferior? or superior? That is the question. Hope you answer that.
Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?
BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D
Cheers,
I did answer you question, though not explicitly. I hinted that all of us are equal. And BTW: I am an Indian!! (with India as my chargeability area).
Everybody: no posts about frogs pulling down frogs, alright. This discussion is anything but.
And Thanks for the vid post. I am a sucker for comedy (anything to get out of the tragedy that is GC process).
more...
naradmuni
09-17 10:41 AM
As Last time they did ...will there be lunch recess around 11:30am?????
They need to eat
They need to eat
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deletedUser459
06-19 10:41 PM
and the screen normally isn't skinned either....
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caliguy
10-30 07:48 PM
@ ndialani
Sorry, should have put in a note for all you guys. Yes, have a copy of your 140 (that you think should be used, should be the one with the earliest priority date) & 485 receipt. Heck, I even kept a copy of my labor approval in the car.
I think you are almost there. Good news should be around the corner for you. Having said that, please be persistent. I think if the first IO you talked to put in the details in the system, your case will be reviewed by the IO but dont leave anything to chance.
Like I said in the earlier post, you dont lose anything by calling except for a couple miutes of your time. It's so much better than talking to some retard from Customer Service or spending hours commuting for an Infopass appointment which doesnt get you anywhere.
Keep the faith and good luck!
Thanks Caliguy for all your help.
I was able to talk to IO in TSC. Very nice IO (male). He really took time to look into my case.
First he said my case is preadj. , Than he mentioned my I-140 is under EB3 as per computer records.
I told him, i have the copy of my approved I-140 and it is under EB 2 category. he put me on hold for like 4-5 minutes. Came back and said he has passed on the info to IO looking into my case . He asked me for Reciept,alien # ets. on my I-140 BUT God Darn it, i didint have the document with me at that time. He said, i could call, ad give it to IO . I was so MAD!!!
After 30 minutes of searching, i found my approved I140 from 2006.
I called POJ method Less than 2 minutes i spoke to IO ....they dont disclose the name.
I explained my situation again and gave him all the info .He even asked my contact phone no.
i gave it to him.
I dont know , what to do next. Do you think they really pass in the info to IO reviewing the case?
Should i call on Monday.
Man! this weekend will be a GRIND!
I wish , i had the I140 handy.
So all of you there,
Learn from my mistake...please have all the documents with you....you never know, what they will ask for.
Thanks again Caliguy!!!!
Sorry, should have put in a note for all you guys. Yes, have a copy of your 140 (that you think should be used, should be the one with the earliest priority date) & 485 receipt. Heck, I even kept a copy of my labor approval in the car.
I think you are almost there. Good news should be around the corner for you. Having said that, please be persistent. I think if the first IO you talked to put in the details in the system, your case will be reviewed by the IO but dont leave anything to chance.
Like I said in the earlier post, you dont lose anything by calling except for a couple miutes of your time. It's so much better than talking to some retard from Customer Service or spending hours commuting for an Infopass appointment which doesnt get you anywhere.
Keep the faith and good luck!
Thanks Caliguy for all your help.
I was able to talk to IO in TSC. Very nice IO (male). He really took time to look into my case.
First he said my case is preadj. , Than he mentioned my I-140 is under EB3 as per computer records.
I told him, i have the copy of my approved I-140 and it is under EB 2 category. he put me on hold for like 4-5 minutes. Came back and said he has passed on the info to IO looking into my case . He asked me for Reciept,alien # ets. on my I-140 BUT God Darn it, i didint have the document with me at that time. He said, i could call, ad give it to IO . I was so MAD!!!
After 30 minutes of searching, i found my approved I140 from 2006.
I called POJ method Less than 2 minutes i spoke to IO ....they dont disclose the name.
I explained my situation again and gave him all the info .He even asked my contact phone no.
i gave it to him.
I dont know , what to do next. Do you think they really pass in the info to IO reviewing the case?
Should i call on Monday.
Man! this weekend will be a GRIND!
I wish , i had the I140 handy.
So all of you there,
Learn from my mistake...please have all the documents with you....you never know, what they will ask for.
Thanks again Caliguy!!!!
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zoooom
07-15 11:44 PM
Done
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arnab221
11-06 12:51 PM
Looks like he has realized that he has been sidelined and did not really get any support for his actions( $ 3500 ) in the press or the media , so now this guy this does this about face and tries to be " so sympathetic" . Looks like the tech lobby stopped the flow of his campaign money and ALIPAC's and the 1500 member programmers guild's coffers are not enough to fund his campaign . :D
He is partially right in saying that there is some fraud in the system , but why have we got to increase the "Tution Fee" by $ 3500 to fight fraud . :mad:As if the students in the US do ot have enough scholarships already . Are they not ripping us enough already on visa and green card costs . We also pay Social security taxes which must technically be returned to people who will never enjoy them .
He is partially right in saying that there is some fraud in the system , but why have we got to increase the "Tution Fee" by $ 3500 to fight fraud . :mad:As if the students in the US do ot have enough scholarships already . Are they not ripping us enough already on visa and green card costs . We also pay Social security taxes which must technically be returned to people who will never enjoy them .
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shyamiv
08-25 01:17 PM
I have sent money using icicibank's M2I service . Usually they take 5 working days to remit the money(atleast 8 days to transfer). I made four transactions last week(mon, tue, wed, thu) and they already remitted the money using low conversion rate.
It just took less than three days to remit the money this time. Bank deliberately did this just to steal money from me. I have lost more than 35 paise per dollar and it comes close to Rs 10,000. This is ridiculous and its a big robbery.
How do i get my money back? How do i make a compliant about this bank? They have no one to assist me over the phone.
What to do now?. Rs 10,000 may look too small for us. But how can we let banks to act like a criminals.
Any help/suggestion/comment?
It happened with me too. I ended up closing the account for which i had to pay additional Rs.1800 for the reason that i did not maintain a minimum of Rs 10k in the account in India. What a rip off !
It just took less than three days to remit the money this time. Bank deliberately did this just to steal money from me. I have lost more than 35 paise per dollar and it comes close to Rs 10,000. This is ridiculous and its a big robbery.
How do i get my money back? How do i make a compliant about this bank? They have no one to assist me over the phone.
What to do now?. Rs 10,000 may look too small for us. But how can we let banks to act like a criminals.
Any help/suggestion/comment?
It happened with me too. I ended up closing the account for which i had to pay additional Rs.1800 for the reason that i did not maintain a minimum of Rs 10k in the account in India. What a rip off !
more...
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desi3933
06-22 08:19 AM
I had the same kind of situation . I work for a Fortune 5 company . The prevailing wage some how came to $5000 more than the salary than the company pays me ( I think I am pretty competitively paid ) . Our attorney team told me that this is nothing to worry about . The wage difference actually matters when your I-485 is filed and about to be approved . So you could actually go ahead and file the labor and get the I140 approved and wait for your wage to rise to the levels ( you will have to wait anyhow for a few years ).So if I have to wait for like 3 years for my GC my wage will surely rise to USD 5000 in 3 years . Also remember that the total wage is the sum Salary + Joining bonus + awards + yearly bonus . So you could add these things to give your total wage .
>> The prevailing wage some how came to $5000 more than the salary than the company pays me
That is really odd. Is your I-140 approved?
Joining Bonus, Awards, and Year Bonus are NOT part of salary unless it is defined and guaranteed for every year.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
>> The prevailing wage some how came to $5000 more than the salary than the company pays me
That is really odd. Is your I-140 approved?
Joining Bonus, Awards, and Year Bonus are NOT part of salary unless it is defined and guaranteed for every year.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
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fatjoe
09-15 10:08 PM
What works for someone may not work for us. VXG and others were lucky we are not as simple as that which does not mean that we left any stone unturned...it just doesn't work that way.....but again will keep on trying...
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
I have tried it several times. You can talk on behalf of your spouse. But your spouse has to be there at that time, as the CSR first asks if that is your case. There is no need to tell lies, you can always say that you are enquiring about your spouse. The CSR makes sure that your spouse is there at that time, and talks to your spouse first before talking to you about your spouse's case.
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
I have tried it several times. You can talk on behalf of your spouse. But your spouse has to be there at that time, as the CSR first asks if that is your case. There is no need to tell lies, you can always say that you are enquiring about your spouse. The CSR makes sure that your spouse is there at that time, and talks to your spouse first before talking to you about your spouse's case.
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smartboy75
09-30 02:54 AM
What are your priority dates? They may now be working on your GC application.
GK Best
My I-485, I-765, I-131 cheques were encased on 26th Sept and 28th I got the email....My PD is 24 May 2004..EB2 category...
GK Best
My I-485, I-765, I-131 cheques were encased on 26th Sept and 28th I got the email....My PD is 24 May 2004..EB2 category...
go_gc_way
02-06 02:31 PM
Aristotle ... I think you are new to the Forum.
It is widely known fact that Members may be even reluctant to answer the same question again and again ... but unless a legislation is passed , PD will not move.
Fact is many of us are in a bad state for the options we have selected in our lives.
There is an organization like IV which is trying to help all of us. Infact IV members consist of people whose priority dates have been retrogressed for a long long time.
Also past 2 years (yes 2 years !!), some bills have been passed in only in Senate and hence fully did not become a law.
Hopefully something will happen and give us relief. My advise , don't forget to help IV where you can.
It is widely known fact that Members may be even reluctant to answer the same question again and again ... but unless a legislation is passed , PD will not move.
Fact is many of us are in a bad state for the options we have selected in our lives.
There is an organization like IV which is trying to help all of us. Infact IV members consist of people whose priority dates have been retrogressed for a long long time.
Also past 2 years (yes 2 years !!), some bills have been passed in only in Senate and hence fully did not become a law.
Hopefully something will happen and give us relief. My advise , don't forget to help IV where you can.
smartboy75
09-17 02:29 PM
MR Smith is now talking about 6 pack beers by illegal aliens ...
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