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.
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billu
05-10 12:29 PM
I see your way of viewing this; but I have to disagree with you on this.
We have to do something for ourselves and for the future high skilled immigrants; it is now or never.
It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.
Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.
I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.
No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
We have to do something for ourselves and for the future high skilled immigrants; it is now or never.
It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.
Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.
I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.
No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
spgtopper
02-12 09:52 AM
Good find. Thanks for posting it here. Pl. continue to update all readers.
Thank you,
S.
Thank you,
S.
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maverick_joe
05-23 12:31 PM
go through the AR 11 form online and after you complete the same you would see options to put in your receipt numbers , do the same for yourself and your secondary
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
more...
belmontboy
09-21 07:09 PM
Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
Are there any cash rewards for catching you? :D
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
Are there any cash rewards for catching you? :D
wizpal
02-26 09:55 AM
She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.
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anilvt
08-11 11:10 PM
I had infopass appt today and asked the IO abt the namecheck
she said 180 rules hold and don't worrry abt it
she said 180 rules hold and don't worrry abt it
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deepakbh
05-05 10:19 PM
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
more...
blondhenge
05-22 11:54 AM
Are you EB-3 or Eb-2?
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
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seeking_GC
02-23 01:29 PM
Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
-a
Yes I am using IE7 and I have the same issue. Even for the 2nd last topic I have to really scroll my mouse all over so I can find the hyperlink.
-a
Yes I am using IE7 and I have the same issue. Even for the 2nd last topic I have to really scroll my mouse all over so I can find the hyperlink.
more...
paskal
02-21 01:26 AM
Option 5 is true for J1, since H1 is not a training visa however I do not think you can get an extension. For J1 it is a simple matter of getting a new sponsorship (used to be called IAP 66) from ECFMG.
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JEESEE
05-11 12:06 PM
My Wife wanted to join a school for some course. We decided to apply for FAFSA to pay for School fees. I am not sure whether she is eligible to apply for FAFSA or not.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
more...
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ashkam
12-07 07:52 AM
I applied for my 485 in August and then applied for my H1B extension in november. Obviously your lawyer is incompetent.
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Pagal
12-17 12:36 PM
Hello,
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
more...
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pappu
07-14 04:55 PM
Thanks for the update paskal.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
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dealsnet
02-07 09:34 AM
Visit visa is only for the max. 6 months. No guarenty they will give that. I know many people got 1-3 months only. My mother used to come here for 6 months and go back to India for 1 months and again come back and stay 6 months. The 3rd time at the JFK, they told her this is your last entry in visit visa and give her 3 months. They told her if you come next time, she will send back as blacklisted. Because she abused the visit visa and stayed most of the time here in US for the couple of years. My sister is a US citizen by then and she filed AOS and I-130 for her and my mother got her GC in 6 months. My friend bring his father here and his father was hospitalized due to a heart attack. He got a bill for 90K. Now he is paying it by installments, because be sponser him. He is liable to pay it. He hired a lawyer, but finally he agreed to pay. So don't bring any one here without taking medical insurance. Parents are not come into H4 catagory.
From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.
From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.
more...
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bluez25
07-26 10:20 PM
Hi Rick,
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
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Leo07
07-07 08:23 PM
I don't agree with what mbawa2574 has to say,but I certainly disagree banning mbawa for expressing views. I think, mbawa2574 is well within limits of posting anything that could hurt IV image/goals. ( On this thread, I mean).
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
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snathan
07-20 08:01 PM
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
Dont give misleading information. If you are in H1B for three years without pay stub, its a serious issue.
Dont give misleading information. If you are in H1B for three years without pay stub, its a serious issue.
chanduv23
07-09 07:24 AM
Lets forward this link to DOL ??? How do we do that? Anyone?????????
natrajs
08-14 10:24 PM
I have been advocating IV to many of my friends, Most of them are shown interest on the Information only, but when it comes to the contribution they show least interest on it and expect some one else to take part in it. It�s very hard to convince them, but I am not tired and I will keep on pursuing them.
So please create awareness
So please create awareness
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