sledge_hammer
06-05 07:33 AM
This is unsettling...
Revocation of Approved Labor Certifications
The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State.
Revocation of Approved Labor Certifications
The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State.
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InTheMoment
07-31 08:50 PM
:) :) :p
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
guyfromsg
07-10 08:12 PM
Being a big company they may have their own IT dept. If we can find out if they either outsource their IT dept or hire H1-bs than he may not have much to argue..my 2cents.
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justAnotherFile
01-23 01:46 AM
Whats the POA?
Is the CA drive currently centered around any particular city? How many members from CA?
Is the CA drive currently centered around any particular city? How many members from CA?
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ramus
06-27 08:00 AM
I can't believe you are sticking with same idea.....
lawers can prepare at their own pace but fedex them to reach on Jul 30th.
lawers can prepare at their own pace but fedex them to reach on Jul 30th.
chanduv23
10-09 08:01 PM
Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.
more...
lazycis
12-28 10:54 AM
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.
2010 DragonBall
msyedy
05-22 03:16 PM
u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
more...
EkAurAaya
06-19 06:13 PM
I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.
Its a very good point... might as well take the hit now BUT make sure you give him the finger and a few words when you throw your resignation letter on his face after getting your ead or if you want to wait till you get your gc!
Sucker will rot in hell for sure!
Its a very good point... might as well take the hit now BUT make sure you give him the finger and a few words when you throw your resignation letter on his face after getting your ead or if you want to wait till you get your gc!
Sucker will rot in hell for sure!
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jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
more...
DoggyStyle
07-21 08:38 PM
The host would ask u to introduce yourself and ur phone
number. Ur accent and name expose yourself. They record ur info and deport u if u r on h1b. Antis know a lot of h1b get layoff lately.
Be careful, it would be a prank call.
number. Ur accent and name expose yourself. They record ur info and deport u if u r on h1b. Antis know a lot of h1b get layoff lately.
Be careful, it would be a prank call.
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Berkeleybee
04-10 08:51 PM
Bee:
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
more...
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milestogo
07-22 04:27 PM
-What is the minimum period that one need to work with the employer who has sponsered the GC after receiving the GC?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
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santa123
12-01 09:52 PM
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck
more...
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gk_2000
08-02 01:26 PM
well this is your time. with eb3 row 2009, you probably are in wait for at least 5 years. Anyway the point is, no country would be stupid enough to stop great talent from coming through to satisfy it's diversity policy. When you are talking about 0.14 million immigrants for a nation of 300 million, that's less than 0.05%. So please take your diversity argument with you and don't let the door hit you on your way out. For this miniscule percentage, the US will lose out on thousands of the best Indian and Chinese engineering/science talent. US's loss, India/China's gain. If this is not an example of an extremely stupid strategic policy then I'm not sure what is.
Oh and by the way, may not be me or you waiting for Indian/Chinese GC's but could be your kid and mine. Let's have this talk again in a decade or two given GDP growth,debt and deficits of US and GDP growths/deficits/market size of India/China.
tanu, do you realize that the above is nothing but a rant? isantem is not responsible for making the rules so why beat him up? What he said is nothing but the facts to the best of his knowledge
Yes, go ahead, give me reds. From your behavior I feel you may be one of those immature types who will red anyone who disagrees..
Oh and by the way, may not be me or you waiting for Indian/Chinese GC's but could be your kid and mine. Let's have this talk again in a decade or two given GDP growth,debt and deficits of US and GDP growths/deficits/market size of India/China.
tanu, do you realize that the above is nothing but a rant? isantem is not responsible for making the rules so why beat him up? What he said is nothing but the facts to the best of his knowledge
Yes, go ahead, give me reds. From your behavior I feel you may be one of those immature types who will red anyone who disagrees..
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nixstor
06-26 12:00 PM
I am not saying Thanks and Good bye, As you see even after my GC I am still responding to your message. I am fully supporting the VI initiative. but the problem is that USCIS will do only what they think it is right and not what is really right. Me being in the Q for so long , I will never forget the Horrors of waiting for GC, even after getting the GC.
We as indians are divided lots in every area, we are like CRABS. certainly I am not one of those CRABS, My friends will give a ample proof about that.
In matter of fact, As a community, we are not PROUD about OURSELVES and our HINDU CULTURE, we cannot make any DHARMIC efforts to come under ONE UMBRELLA and fight for our cause. IV is one initiative, which is good but not enough, because do we get any help from our Indian Embassy or any Indian Organisation in America to support us, NEVER. this is because we DONOT LOOK UPTO OUR INNER VOICE AS HINDUS. I am not saying this to you in particular, I am referencing this as an INDIAN COMMUNITY. SO PLEASE NOTHING PERSONAL.
every one of us is a GOOD PRACTISING HINDU BECAUSE WE LIVE LIFE WITH OUR DHARMIC VALUES AND PRINCIPLES. IT IS TIME TO COME TOGATHER AND IMPLEMENT THOSE VALUES AS A HINDU SOCIETY.
thanks for your suggestion i really appreciate that.
:)
Dont mean to flame you, but you say that you are not a crab and the next moment you bring up religion, faith, Indian etc and associate that to IV's
goal.
We as indians are divided lots in every area, we are like CRABS. certainly I am not one of those CRABS, My friends will give a ample proof about that.
In matter of fact, As a community, we are not PROUD about OURSELVES and our HINDU CULTURE, we cannot make any DHARMIC efforts to come under ONE UMBRELLA and fight for our cause. IV is one initiative, which is good but not enough, because do we get any help from our Indian Embassy or any Indian Organisation in America to support us, NEVER. this is because we DONOT LOOK UPTO OUR INNER VOICE AS HINDUS. I am not saying this to you in particular, I am referencing this as an INDIAN COMMUNITY. SO PLEASE NOTHING PERSONAL.
every one of us is a GOOD PRACTISING HINDU BECAUSE WE LIVE LIFE WITH OUR DHARMIC VALUES AND PRINCIPLES. IT IS TIME TO COME TOGATHER AND IMPLEMENT THOSE VALUES AS A HINDU SOCIETY.
thanks for your suggestion i really appreciate that.
:)
Dont mean to flame you, but you say that you are not a crab and the next moment you bring up religion, faith, Indian etc and associate that to IV's
goal.
more...
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Saikrishna
07-27 01:42 PM
I hope they will come and give us reciept notice on 1st week of Aug ....
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lazycis
12-28 06:44 PM
so is it the notice date or recipt date that counts.. If someone filed on July 2nd, but the notice date is August 15, where do I coutn 180 days from.
Look at the notice and find "Received Date". That's the start date.
Look at the notice and find "Received Date". That's the start date.
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lccleared
04-01 04:11 PM
Fax sent
johnamit
07-17 09:34 AM
Most of the July filers have 140 approved and working in a full time job.So I think there will be little impact.
thats not necessarily true, there are lots of people with consulting firms including myself, however these are big consulting firms with 1000+ employees. I see fewer applicant from smaller companies.
thats not necessarily true, there are lots of people with consulting firms including myself, however these are big consulting firms with 1000+ employees. I see fewer applicant from smaller companies.
burnt
05-31 10:35 AM
Done - For me and my spouse
