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09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
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solaris27
06-05 04:41 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
nshantha
08-31 12:10 PM
Thanks for your suggestion.
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memyselfandus
05-27 09:53 AM
Domestic adoption is perfectly legal and available. You can adopt through public and private agencies. You can find more information on Adoption Forums, Message Boards, Discussion Groups. Adopting, Foster, Baby Adoptions (http://forums.adoption.com/)
more...
rajaa100
06-18 04:43 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
nkappiah
07-19 10:58 PM
I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.
Check with a lawyer before you do anything.
Who or what is fragomen? Where can I read up more on this?
Check with a lawyer before you do anything.
Who or what is fragomen? Where can I read up more on this?
more...
Pagal
04-06 05:48 AM
Hello,
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
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giveme_gc
10-17 02:38 PM
I have got federal loan under this same situation. Wondering why you need a private loan ?
more...
gc_check
11-26 06:47 PM
Yes, the number will be the same.
Just want to confirm if both needs to be surrendered
Just want to confirm if both needs to be surrendered
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paystubissue
03-16 12:27 AM
Hi all,
Please help me with the following questions.
I am planning to apply for h1b transfer in the near future but with a paystub that is having salary lesser than the usual one. Is that advisable to do premium processing in this case?
I am looking for the premium processing option as I might have to travel outside USA before I could know about the result(approval or rejection) so I assumed that I can know the result through premium processing, travel without any problem and can get it stamped too.
Or is it fine to travel when I have applied for the transfer?I have my company A visa(which I got last year) stamped in my passport.
please let me know your thoughts
Regards
Please help me with the following questions.
I am planning to apply for h1b transfer in the near future but with a paystub that is having salary lesser than the usual one. Is that advisable to do premium processing in this case?
I am looking for the premium processing option as I might have to travel outside USA before I could know about the result(approval or rejection) so I assumed that I can know the result through premium processing, travel without any problem and can get it stamped too.
Or is it fine to travel when I have applied for the transfer?I have my company A visa(which I got last year) stamped in my passport.
please let me know your thoughts
Regards
more...
hyoungill
04-28 09:04 AM
Thank you very much, baba84!
Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.
Part 2 says
I am applying for an adjustment to permanent resident status because:
"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.
Thanks!!!
Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.
Part 2 says
I am applying for an adjustment to permanent resident status because:
"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.
Thanks!!!
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prasadn
02-04 05:10 PM
I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
Use the same application procedure as though applying for a new EAD, but make sure you check the box where it says "replacement of lost EAD". Also, write a cover letter explaining that you need a replacement EAD. I had to go thru this just a couple of months ago and USCIS reissued the EAD within a month.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
Use the same application procedure as though applying for a new EAD, but make sure you check the box where it says "replacement of lost EAD". Also, write a cover letter explaining that you need a replacement EAD. I had to go thru this just a couple of months ago and USCIS reissued the EAD within a month.
more...
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NH123
01-13 12:49 PM
EMC Corporation
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iheartindia79
09-08 02:02 AM
I think it would be better idea to call them and find out their hours of operation. The address is usually given on the FP notice letter.
All the best!
All the best!
more...
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bkshres
10-07 12:47 PM
thanks for your response. My lawyer said she mailed with Fedex and it was delivered 3 weeks back. She is saying these days it takes 3-4 weeks to get receipt notice. but I am not sure whether its true or its just my case getting lost somewhere.
How long should I wait and what should I do next?
How long should I wait and what should I do next?
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immilaw
09-13 01:08 PM
Starting April 1st, only two Service Center are responsible for all the I-140's, Nebraska & Texas. All I-140's are filed with Nebraska Service Center. Nebraska keeps some of the petitoins and transfers the others to Texas. The ones that NSC keeps has a receipt number starting with LIN whereas the ones that are transfered to TX has the receipt number starting with SRC. So even though the petition might be filed with NSC, chances are it might be approved sonner if it goes to TXSC. Nebraska is taking 4-5 months to approve a petition whereas TX approves it in 15-25 days.
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ashwaghoshk
07-27 10:00 PM
I am from health care industry and have a bachelors degree. My GC has been initiated under Eb3 category. We do not need the PERM process so an I 140 will be filed once the prevaling wage determination is cleared by the DOL. Recently I learnt that though I have the bachelors degree it is equivalent to the masters degree of my profession. I have a document stating the same from the board who is responsible for licensing.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
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breddy2000
07-12 10:48 PM
Hi,
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
I'm not sure what your problem is to join company B from Oct 1st.
PM me if you need more details. I did this conversion from L1 to H1 long time ago.
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
I'm not sure what your problem is to join company B from Oct 1st.
PM me if you need more details. I did this conversion from L1 to H1 long time ago.
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ChalapathiChitturi
07-22 02:51 PM
Thank You little_willy and lifesucksinUS.
I also have the same question as jambapamba.
I also have the same question as jambapamba.
milind70
07-25 10:00 AM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.
eastindia
01-29 10:02 AM
Please let me know how can i get information for Family Based GC Category 2B. I am trying to find out expected time frame for GC filled in 2B category in May 2005.
I would be very thankful for you immediate reply.
Please Reply
Thanks
You can try filing a FOIA request with USCIS and ask them to give yo information. It will take lot of time though. Immigrationvoice filed FOIA request last year and now USCIS shows all EB data to everyone.
I would be very thankful for you immediate reply.
Please Reply
Thanks
You can try filing a FOIA request with USCIS and ask them to give yo information. It will take lot of time though. Immigrationvoice filed FOIA request last year and now USCIS shows all EB data to everyone.
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