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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The7zen
04-16 03:50 PM
1. Sell all my stuff.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
seekerofpeace
09-04 02:23 PM
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
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thesparky007
05-24 10:19 PM
Sheesh someone is in a hurry :|!hurry?
i posted that on the 16th
it has been about 8 days
@kirupa:ok,thanks
i posted that on the 16th
it has been about 8 days
@kirupa:ok,thanks
more...
Jonas73
04-22 10:03 PM
Hi, Yes I have a EB3 (even that I have a Masters degree and 6 years of experience) as my job only required a BS degree etc when I started working. So my understanding is now that what ever I do I need to get a new Labor/PERM and a new position within my company that requires MS degree etc that would qualify for EB2. Even if my I-140 gets approved within reasonable time I still have to wait in eternity for my date to be current under EB3? (the last time I looked back on the previous visa bulletins it looked like it was 2 years ago the EB3 was current (or PD 05 or something). That means that I will have to wait maybe 3-5 years before I can even apply for the I-485? Even that I do have the requirements for a EB2 and my company would have no issues qualifying my job to require a MS degree.
pthoko
08-04 04:27 PM
The thing is that re-entry using AP does not wipe out previous out-of-status issue as per the 245(k) memo
more...
imh1b
04-21 03:12 PM
They are accepting Funds Now ....
Thanks
Where is accountability of money.
How much have they got till now?
What will they do if they get more ?
Who is managing the money?
Thanks
Where is accountability of money.
How much have they got till now?
What will they do if they get more ?
Who is managing the money?
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Googler
02-08 02:40 PM
All,
I did not contact the Ombudsmans Office or Aytes or AILA or DOS in order to discuss my personal case. It was just a part of my now years long efforts to bring attention to certain issues -- I've been speaking with staff at the Ombudsmans office for several years now, some issues and recommendations that have appeared in his report over the years were the result of these conversations.
I did not contact the Ombudsmans Office or Aytes or AILA or DOS in order to discuss my personal case. It was just a part of my now years long efforts to bring attention to certain issues -- I've been speaking with staff at the Ombudsmans office for several years now, some issues and recommendations that have appeared in his report over the years were the result of these conversations.
more...
rustum
07-15 04:47 PM
It should be new procedure for each person.
Thanks for your information. I have filled out my information and added spouse and child pending cases after adding my case. When i tried to start new procedure for spouse and child, it is giving me error that i have already notified the address change. Asked me to contact back after 45days.
I guess, it should be ok.
Thanks for your information. I have filled out my information and added spouse and child pending cases after adding my case. When i tried to start new procedure for spouse and child, it is giving me error that i have already notified the address change. Asked me to contact back after 45days.
I guess, it should be ok.
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colors
09-23 12:26 PM
We will watch and see ... soft LUDs on my case too.
thanks
thanks
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jsb
09-24 09:43 AM
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
I am a July 2 filer, still waiting for an action !!!
I am a July 2 filer, still waiting for an action !!!
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walking_dude
11-21 12:04 PM
Nooooooooo. That Turkey was "Amnestied". Some Anti-immigrant will be roasting it soon :)
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
more...
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webslinger
08-26 11:32 AM
Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:
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drona
07-09 08:43 PM
Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.
more...
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eb2dec2005
09-26 07:29 AM
I used AP to enter US in June this year.The IO stamp on my I94 and the AP document says 'Paroled unitl Sept 2009'. Should i consider the validity of AP until this date?
However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'
Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?
However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'
Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?
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samrat_bhargava_vihari
02-08 09:06 AM
What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.
L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.
Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.
L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.
Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.
more...
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Devils_Advocate
03-20 05:29 PM
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
This actually clears alot of doubts people had regarding the whole extension/COS question.
This actually clears alot of doubts people had regarding the whole extension/COS question.
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bigtiger
07-11 12:25 PM
just talked to Sarah...she already has indian representation..if anyone else say from China, Poland etc can contact her would be great.....anyone listening ?
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sys_manus
01-28 09:52 AM
Congratulations...
asiandude2
02-06 03:57 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
pasupuleti
06-20 12:49 PM
I live in bayarea. If we have't found enough people from LA, i can drive to LA.
If more people wants to join documentary efforts from bay area , we all can car pool together.
If more people wants to join documentary efforts from bay area , we all can car pool together.
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