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11-11 09:30 AM
Dobbs joining Fox Business Channel.
More... (http://blogs.ilw.com/gregsiskind/2010/11/hes-baaaaaack.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/hes-baaaaaack.html)
snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
pmamp
02-26 09:24 AM
Can someone please throw some light on this? Thanks
FinalGC
09-16 12:57 PM
Good note hebbar77!! I concur...but I think I heard from some attorneys' some time back.....but these are attorney's...they change their mind constantly
more...
Student with no hopes
01-24 09:40 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
dandy
07-16 11:24 PM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
more...
tdasara
02-08 09:37 AM
L1A - qualifies for EB1 but Indian companies very rarely do it.
L1B - EB2/EB3 but again not many sponsor.
L1B - EB2/EB3 but again not many sponsor.
java06
03-09 11:23 AM
Is there a way to find out if the employer has revoked I-140? I have changed employers in Feb and my I1-40 was approved back in June. There was an update on my I-140 recently in Mar. I was wondering what could that be for?
Can anyone throw some light on this. Thanks
Can anyone throw some light on this. Thanks
more...
jthomas
03-24 07:05 PM
I have a website for past 5 years. I started this when i was a H1B holder. It has a shopping card from 2checkout.com
One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
Once you have a sellers permit and you are paying taxes there should not be any problem.
I am a sole properitor
One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
Once you have a sellers permit and you are paying taxes there should not be any problem.
I am a sole properitor
InTheMoment
02-15 11:48 AM
Yes, it does apply to nationals from India.
more...
chanduv23
09-17 02:21 PM
Numbers are changing
People are moving away from screens and coming to DC !!!
Thank You Everyone for acting
yes -- they act fast
TRAFFIC JAMS AROUND DC AREA -
TRAFFIC BUILDING ALL THE WAY UP I 95
YES - BEEAT THE TRAFFIC START NOW HEAD TOWARDS DC
People are moving away from screens and coming to DC !!!
Thank You Everyone for acting
yes -- they act fast
TRAFFIC JAMS AROUND DC AREA -
TRAFFIC BUILDING ALL THE WAY UP I 95
YES - BEEAT THE TRAFFIC START NOW HEAD TOWARDS DC
webm
02-27 02:40 PM
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
more...
thesparky007
04-16 10:10 AM
thanks for the comments guys and dean
i dont get waht your argument is about
i dont get waht your argument is about
Rune
May 31st, 2004, 03:41 PM
Fun series.
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
more...
drona
07-09 11:52 PM
Arun on behalf of all IV members, please join nixstor! Check out USCIS address in Google Maps. Please take any one else with you who is willing to go. Nixstor said he would be there 10am to 1pm.
Thank you!
Thank you!
resident1374
02-03 09:59 AM
Thank you for your help. I will definitely contact an attorney for my case. Hopefully, I will receive an approval without any hassle.
more...
srinivas72
02-03 09:31 AM
H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension denied after I94 extension..
H1B Extension Information
Regular Processing�
My Extension filed 07/21/2009
I94 Expired 09/29/2009
Received RFE 09/xx/2009
Answer RFE 10/27/2009 (Within time)
Denied 01/13/2010
Note: - I worked for same company from past 3 years.
H1B Transfer Information
I got fulltime offer in 12/2009 (I am working for this company last one year), my new employer filed H1B transfer. Here is H1B transfer detail
Premium Processing
H1B Transfer receipt date 12/31/2009
Got RFE, 01/08/2010
RFE answer date 01/26/2010
Waiting for decision�
Now I am working with new employer.
Please let me know, if need any information from my end. Maybe it will help others who are in my situation.
Thanks
Srinivas
H1B Extension Information
Regular Processing�
My Extension filed 07/21/2009
I94 Expired 09/29/2009
Received RFE 09/xx/2009
Answer RFE 10/27/2009 (Within time)
Denied 01/13/2010
Note: - I worked for same company from past 3 years.
H1B Transfer Information
I got fulltime offer in 12/2009 (I am working for this company last one year), my new employer filed H1B transfer. Here is H1B transfer detail
Premium Processing
H1B Transfer receipt date 12/31/2009
Got RFE, 01/08/2010
RFE answer date 01/26/2010
Waiting for decision�
Now I am working with new employer.
Please let me know, if need any information from my end. Maybe it will help others who are in my situation.
Thanks
Srinivas
ksircar
01-26 09:05 AM
Thanks ksircar;
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
AP remains valid for one year and you need to apply for AP in such a way so that for AP renewal your daughter will be in US during vacation etc. In the worst case, she has to fly from Caribbean to Miami (or any nearest US port) just to apply for AP and go back. These are the hassels you need to overcome if you want to send your daughter to MED school without a GC. I did the same with my daughter. You can PM me if you want to discuss in detail.
Good luck.
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
AP remains valid for one year and you need to apply for AP in such a way so that for AP renewal your daughter will be in US during vacation etc. In the worst case, she has to fly from Caribbean to Miami (or any nearest US port) just to apply for AP and go back. These are the hassels you need to overcome if you want to send your daughter to MED school without a GC. I did the same with my daughter. You can PM me if you want to discuss in detail.
Good luck.
seahawks
10-27 11:40 AM
Please make sure all WA state members attend this meeting. This is our first meeting. We want to meet all of the members so that we can better connect and share information that cannot be posted on public forums. We also want members to work together to build a strong local state chapter. We have lots of exciting tasks that we all need to take up, your participation is critical for meeting IV goals. Please act, join and meet with us!
sabbygirl99
07-07 08:22 PM
Anyone??
anilsal
12-19 10:29 AM
Are we going to continue calling Sen.Cornyn's office such that he will be motivated to get SKIL bill cleared at the beginning of next year?
If we are persistent, maybe he will want to get the bill cleared successfully.
If we are persistent, maybe he will want to get the bill cleared successfully.
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