butterchicken
04-28 02:10 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
amitjoey
05-16 01:02 PM
IV NEEDS MONEY to pay for all the resources. IV Core has spent thousands of dollars from their own pockets to fly back and forth from DC and other activities to lobby for all of us. Please keep in mind that apart from paying the lobbyist (top $$$$). IV has other expenses like maintaining this website, paying for related expenses. CONSIDER CONTRIBUTING ATLEAST A LITTLE AMOUNT.
suryamnb
12-03 09:41 AM
Friends,
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
IndianIII
07-10 12:11 AM
Answer inline in different color
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
more...
Wish_Good
06-30 04:07 PM
My Sincere Thanks to Mr. Ari for responding to my post.
Here Iam posting additional details about my case:
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 denied on June 26th 2008. So, First applied MTR for I-140 which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice) and now today I saw above mentioned status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B. And now Iam with Company B.
Thanks a lot in Advance.
Here Iam posting additional details about my case:
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 denied on June 26th 2008. So, First applied MTR for I-140 which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice) and now today I saw above mentioned status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B. And now Iam with Company B.
Thanks a lot in Advance.
gcdreamer05
02-16 10:43 AM
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
more...
ujjwal_p
06-05 11:23 PM
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.
Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.
pani_6
07-06 11:44 PM
If I have to apply for a new PERM Lc and then I-140 in EB2..how long would the entire process take
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
more...
rajeshalex
08-14 02:58 PM
Send the photo to USCIS and also sent the RFE copy to ombudsman
kaisersose
05-29 11:17 AM
Gurus,
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
more...
simple1
06-03 02:00 PM
fool's post. yes you are.
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
IAspire
02-21 11:53 AM
Thanks snathan. Can you please point me to a link that lists down the conditions needed to satisfy EB1/EB2/EB3. The link provide by samuel5028 is not working.
Thanks
IAspire
Thanks
IAspire
more...
BharatPremi
11-30 06:16 PM
You need to invoke IV-21 :D
Good One...:D.. Then I will have to wait for 6 months from today...:D
Good One...:D.. Then I will have to wait for 6 months from today...:D
sanju_dba
02-13 12:14 PM
You guys mean "ONLY" when your PD is current? right? :rolleyes:
more...
singhsa3
08-22 06:52 PM
Msg deleted
BUMP
Anybody else knows any contact number other than 800 375 5283 to find out what document was mailed by USCIS????
BUMP
Anybody else knows any contact number other than 800 375 5283 to find out what document was mailed by USCIS????
spicensour
06-17 01:26 PM
PD - august 2002
140 AP - august 2005
485/EA/AP - sent it out today
Have you recd. any communication from the processing center yet. I sent the forms on June 5 and have not heard anything yet.
Does anybody on the forum know how many days does it take for the processing center to acknowledge?
PD aug 2003.
I140 March 2006
I485/AP/ sent on June 05,2007.
140 AP - august 2005
485/EA/AP - sent it out today
Have you recd. any communication from the processing center yet. I sent the forms on June 5 and have not heard anything yet.
Does anybody on the forum know how many days does it take for the processing center to acknowledge?
PD aug 2003.
I140 March 2006
I485/AP/ sent on June 05,2007.
more...
pthoko
07-05 03:18 PM
Yes I got an I-94 with the transfer(Same I-94 number as the L1 one). I didn't go out of US after that.
Please note that I joined the H1 employer and later got an H1 transfer approved also.
Thanks.
Please note that I joined the H1 employer and later got an H1 transfer approved also.
Thanks.
NKR
09-07 08:52 PM
Transferring cases saying that it is to speed up processing which essentially delays processing maing us wonder if it is a time buying tactic to cover inefficiecy.
An application filed in August if not transferred to NSC would have had ND and RD as August, but now it has Oct. Rubbing salt on the wound NSC is processing 2006 and 2007 cases and not picking 2004 cases.
An application filed in August if not transferred to NSC would have had ND and RD as August, but now it has Oct. Rubbing salt on the wound NSC is processing 2006 and 2007 cases and not picking 2004 cases.
shreekhand
08-20 01:55 PM
I didn't quiet get from your message whether the "08xxxxxxx" has an "A" preceding it. In all probabilty it should.
If it indeed has an "A". It is a A# so you might as well forget about deducing on a visa # being assigned based on the A# on the FP :)
An according the website you referred to, nowhere does he mention about a visa #. The A# being assigned for life has nothing to do with a visa # !
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with 08xxxxxxx. I wonder if it is the actual visa number since according to http://www.kkeane.com/general-faq.shtml my number is the visa number:
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
If it indeed has an "A". It is a A# so you might as well forget about deducing on a visa # being assigned based on the A# on the FP :)
An according the website you referred to, nowhere does he mention about a visa #. The A# being assigned for life has nothing to do with a visa # !
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with 08xxxxxxx. I wonder if it is the actual visa number since according to http://www.kkeane.com/general-faq.shtml my number is the visa number:
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
babu123
04-11 07:42 PM
If you got your labor approved and if you apply I-140 before December, you are eligible to get extension for 1 year.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
sprash
03-08 11:49 AM
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
