jamesbond007
11-04 10:14 AM
Admin: If you like you may please close this thread.
Final update on this issue.
Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.
In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.
Thank You and Good Bye!
Happy Porting !
I think multiple labors has multiple faces:
1. Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
2. Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
3. Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.
If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.
But I do not think a government agency can risk getting caught doing that. Their motive has to be to build standards that can be applied equally to all applicants across the board. They should be able to catch issues with any application, not just of those who are doing multiple LCAs.
Final update on this issue.
Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.
In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.
Thank You and Good Bye!
Happy Porting !
I think multiple labors has multiple faces:
1. Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
2. Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
3. Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.
If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.
But I do not think a government agency can risk getting caught doing that. Their motive has to be to build standards that can be applied equally to all applicants across the board. They should be able to catch issues with any application, not just of those who are doing multiple LCAs.
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Pagal
02-06 05:03 AM
Congratulations! :)
If this forum has proved useful, please donate and become an ImmigrationVoice member.
As you saw, there are very few avenues to address the issues of future immigrants and IV is the strongest and most active of them.
If this forum has proved useful, please donate and become an ImmigrationVoice member.
As you saw, there are very few avenues to address the issues of future immigrants and IV is the strongest and most active of them.
ourgcapproved
08-17 01:59 PM
PD Feb 2006
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jsb
09-22 04:49 PM
When calling USCIS did anybody question, if they have not yet entered even July 2 filings, why do their weekly updates indicate otherwise. It is very pertinent question and a very valid point to be taken to a congressman.
more...
CADude
10-12 03:20 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
suriajay12
03-13 07:41 AM
Could not find the link..Which page do I need to go on to vote.. I have searched about 500 pages.. Pls. advise..
RV
www.change.gov. You will see "Agenda" as one tab. In that you can post it under immigration. There is a button called "Send or submit your ideas".
The letter to send is in page 10 in this forum.
RV
www.change.gov. You will see "Agenda" as one tab. In that you can post it under immigration. There is a button called "Send or submit your ideas".
The letter to send is in page 10 in this forum.
more...
tempy
09-23 02:15 PM
I had the same issue...
Here is the short version of how it unfolded. I've seen some quick responses from USCIS.
9/15/2010 - USCIS email indicating that cards mailed for both me and spouse
9/16/2010 - Spouse received card
9/21/2010 - Got email (LUD) that my card returned undelivered.
9/22/2010 - Called customer service updated the address
9/23/2010 - Got my card in mail (wrapped in an usps priority envelope) with tracking number
I was pleasantly surprised with the fastness of USCIS.
Thanks,
Now my status changed to 'Initial Review' because post office returned my mail :confused: Within 12 hrs status changed from 'Card Production' (05.03 PM) to 'Initial Review' (06.33 AM).
I had updated my new address 3 yrs before and was confirmed by infopass appointment.
Here is the short version of how it unfolded. I've seen some quick responses from USCIS.
9/15/2010 - USCIS email indicating that cards mailed for both me and spouse
9/16/2010 - Spouse received card
9/21/2010 - Got email (LUD) that my card returned undelivered.
9/22/2010 - Called customer service updated the address
9/23/2010 - Got my card in mail (wrapped in an usps priority envelope) with tracking number
I was pleasantly surprised with the fastness of USCIS.
Thanks,
Now my status changed to 'Initial Review' because post office returned my mail :confused: Within 12 hrs status changed from 'Card Production' (05.03 PM) to 'Initial Review' (06.33 AM).
I had updated my new address 3 yrs before and was confirmed by infopass appointment.
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rogerdepena
07-18 10:11 PM
It is very important that we have all Lou Dobbs resources handy in one thread. I blog his LIES and need this info very quickly before the blog closes. Please contribute to this effort. Thanks!
Please note that we need to collect facts (with URL) rather then IV member opinions!
im blogging too. i suggest we share articles. i just made mine today. here's the link:
http://thetruthandthetail.blogspot.com/
i'll try to update as often as possible.
Please note that we need to collect facts (with URL) rather then IV member opinions!
im blogging too. i suggest we share articles. i just made mine today. here's the link:
http://thetruthandthetail.blogspot.com/
i'll try to update as often as possible.
more...
Sri_1975
06-18 03:35 PM
Thinking about it instead of everyone filing individual complaints with ICE is there a way we can collectively file a lawsuit against companies ( atleast 2 to 3) on L1 misuse? Would this get some attention?
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admin
01-25 08:33 AM
AILA has created this document. We will have to make sure that our clauses are not removed from these bills like what happened at S1932.
http://www.shusterman.com/pdf/immreform106.pdf
http://www.shusterman.com/pdf/immreform106.pdf
more...
vikki76
10-06 04:40 PM
Did anyone else get soft LUD on their 485 today?
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Milind123
01-25 01:22 PM
The real message in this thread is that you should check what is required by the countries you intend to transit BEFORE you buy your ticket.
It seems to me that an individual should take responsibility for his own actions rather than trying to blame a particular country for a long established requirement for a transit visa.
Maybe you can help the Brits to add more questions to their Transit Visa form from 111 to 1011.
It seems to me that an individual should take responsibility for his own actions rather than trying to blame a particular country for a long established requirement for a transit visa.
Maybe you can help the Brits to add more questions to their Transit Visa form from 111 to 1011.
more...
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MeraNaamJoker
08-18 09:17 AM
All,
Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
Does this mean I am greened?
EB2 - India PD DEC 22 2005. NSC
I-485 receipt date: Aug 21 2007.
Opened SR on 08/11/2010
Yes, you are. The decision status happens when your wlecome notice gets mailed out. You will get that either today and within next couple of days. Mine also got changed like that, but only after 6 days.
Interesting part is even after I got my GREEN CARD to my hand, it is still saying the status as DECISION.
Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
Does this mean I am greened?
EB2 - India PD DEC 22 2005. NSC
I-485 receipt date: Aug 21 2007.
Opened SR on 08/11/2010
Yes, you are. The decision status happens when your wlecome notice gets mailed out. You will get that either today and within next couple of days. Mine also got changed like that, but only after 6 days.
Interesting part is even after I got my GREEN CARD to my hand, it is still saying the status as DECISION.
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PDOCT05
10-11 03:22 PM
I called up to find that my application is still not in the system. Surprisingly, the IO would not put the phone down and keeps on chatting to enlighten me. Seem to have lot of time on hand.
1. My application is most likely transfered to texas since my I-140 was approved there
2. FIFO is valid only if the application is not transfered. Once it is transfered, the receiving center will take the date 'they' received to put in queue for data entry. If your application took continental US tour, more delay.
3. He is asnwering 5-6 calls every day from July 2 filers. There are several of them. So plenty of July 2 apps still waiting to be entered.
4. The application is not rejected for sure, since even a rejection would be entered into the system.
5. he cannot raise a service request without receipt number.
I sent mail to USCIS withe fedex scanned signature, wrote to Senator. Its frustrating.
The bottom line is there is no bottomline, except to wait.
For me also similar reply...From an IO.
1. My application is most likely transfered to texas since my I-140 was approved there
2. FIFO is valid only if the application is not transfered. Once it is transfered, the receiving center will take the date 'they' received to put in queue for data entry. If your application took continental US tour, more delay.
3. He is asnwering 5-6 calls every day from July 2 filers. There are several of them. So plenty of July 2 apps still waiting to be entered.
4. The application is not rejected for sure, since even a rejection would be entered into the system.
5. he cannot raise a service request without receipt number.
I sent mail to USCIS withe fedex scanned signature, wrote to Senator. Its frustrating.
The bottom line is there is no bottomline, except to wait.
For me also similar reply...From an IO.
more...
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chanduv23
03-24 10:47 AM
Your response would depend on how badly you want this job.
Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.
If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.
Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.
In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.
Do we have direct online link to this information?
Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.
If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.
Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.
In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.
Do we have direct online link to this information?
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yabadaba
07-11 01:38 PM
lol@glus
more...
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chanduv23
09-15 01:59 PM
Did any one get their GCs WITHOUT getting the CPO email? I got PDA emails Sep 11 (saying that they have approved the I485 applications), followed by SLUDs Sep 13. I didn't get any CPO email or other notification. Should I expect the CPO emails and THEN the GCs, or just simply the GCs?
As I read through forums, I understand that there is no consistency in those sequence of online updates.
You may receive your cards without getting the CPO.
There is a chance that, your fingerprints might not be refreshed so you may be requested for FP - if such a thing happens, you will be notified.
I am under the impression that it is just a system glitch.
As I read through forums, I understand that there is no consistency in those sequence of online updates.
You may receive your cards without getting the CPO.
There is a chance that, your fingerprints might not be refreshed so you may be requested for FP - if such a thing happens, you will be notified.
I am under the impression that it is just a system glitch.
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gvenkat
09-23 08:08 PM
All we need is just 233,816(page 2) visas(forget about country limit, EB category etc). In that case in 2 years we will have 280,000(140,000 * 2) visas. So should we all get GC in two years with that logic.
If only USCIS can think along those lines. :confused:
If only USCIS can think along those lines. :confused:
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GCSOON-Ihope
04-20 12:26 PM
A friend of mine forgot (!!) :confused: to renew his EAD when it expired last September. He then applied for renewal 60 days after the expiration date and got his new EAD without any problem, no questions asked!
I filed for my own renewal about 90 days before the expiration date and when about 85 days had passed and I was getting worried, I called USCIS and was told: " Do you need the card to show your employer that you are legal? No? Then, don't worry about it. As long as you applied on-time, you are fine." I actually received the EAD five days after the expiration date...
These two experiences are from California Center.
I filed for my own renewal about 90 days before the expiration date and when about 85 days had passed and I was getting worried, I called USCIS and was told: " Do you need the card to show your employer that you are legal? No? Then, don't worry about it. As long as you applied on-time, you are fine." I actually received the EAD five days after the expiration date...
These two experiences are from California Center.
logiclife
07-09 06:38 PM
Good thing: Walter Reed.
Something happening at Walter Reed Hospital has more value in newsworthiness than something happening at headquarters of USCIS offices. Coz Walter Reed means veterans means military means extra media attention.
Something happening at Walter Reed Hospital has more value in newsworthiness than something happening at headquarters of USCIS offices. Coz Walter Reed means veterans means military means extra media attention.
gccovet
08-07 02:43 PM
Dude,
Sunnysurya is busy trying to get people for the lawsuit. He will not reply to you.
According to IV Tracker, his EB2 PD is Nov 2005. He has filed in Nebraska.
Thanks
Calling all EB3-I with PD before Nov 2005. Please get 3 desi firm names from Sunny_Surya and start EB2 filing. Then port your PD's.
GCCovet
Sunnysurya is busy trying to get people for the lawsuit. He will not reply to you.
According to IV Tracker, his EB2 PD is Nov 2005. He has filed in Nebraska.
Thanks
Calling all EB3-I with PD before Nov 2005. Please get 3 desi firm names from Sunny_Surya and start EB2 filing. Then port your PD's.
GCCovet
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