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  • knnmbd
    04-28 02:45 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.

    I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.





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  • print0104
    08-28 05:01 AM
    Hello,

    I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~


    Sonia





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  • PresidentO
    02-07 01:19 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.

    She cannot get a H1 filed on Mar 31st and start working.

    She has to do

    Long term plan

    (1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate (http://www.fccpt.org/forapplicants.html#typeII) for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.

    Short term plan

    (2) File for Type 1 Certificate. (http://www.fccpt.org/forapplicants.html#typeI)

    I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.

    Both these will take alteast 3+ months to be processed and issued

    Official transcripts/marksheets sent directly from the institution for ALL higher education.

    If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly

    Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.

    Hope the information overload is enough!





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  • pointlesswait
    04-28 01:10 PM
    my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

    1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

    2.) Am i wrong is even asking for that information?



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  • gumpena
    08-03 10:16 PM
    USCIS press release states that it has issued I-485 receipts upto July 11 2007
    and for Texas upto June 26, 2007





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  • rocky17105
    07-28 10:32 AM
    Is there a way I can have my 485 reopened sooner than waiting for AAO decision which is 25 months right now for denied 140 for EB2?



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  • gbof
    05-10 08:58 PM
    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.

    That is a good thing... Anyway, this evening i got mail (n txt msg too) for my approval/card production. It took exact4-wks. I hope to get it by weekend and really wish this to be the last one and GC to come my way by this fall.





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  • johnamit
    12-31 10:10 AM
    I was working once for small company as only employee. I remember attorney mentioned not to go to Canada and said best would be Delhi. I went to India during that period but I already had valid H1 stamped from previous company so I didn't get stamping of new visa. But that was in 2001, I am sure lot of rules and practices have changed since then, check with someone who went recently.



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  • FredG
    December 31st, 2004, 07:13 AM
    You don't go for easy subjects, do you? Glass is tough, and you did well. But if you keep this up, it will cost you $3,000 to replace your wife's wardrobe!

    Just a few thoughts coming from very limited experience. Aqua reflectors might disguise or mute the specular highlights, which is always the toughest part on glass. If you want the rims lit less (personal preference - I think these look fine), you could bounce off one of the cards rather than the ceiling. Another interesting way to shoot glass is to put it on a glass surface, and have the light source coming from below with a black background. But then you couldn't have staggered height arrangement like you have here.





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  • dontcareaboutGC
    03-25 01:53 PM
    If you have all the PERM case numbers with you then you should be able to find your PD in this link

    http://www.flcdatacenter.com/CasePerm.aspx and



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  • laborfd
    05-22 09:21 AM
    Katrina, How did you know that DBEC is processing 2005 case?

    I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.





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  • jhaalaa
    03-28 12:31 AM
    1. If you go to the DMV please ensure you carry the complete papers. The folks are good but would not approve just on the basis of a receipt notice or letter from the attorney or employer..... You need a presently valid visa(H1/H4/whatever is your present status) approval notice.
    2. The DL would be granted only upto the last date of the visa approval period.
    3. OK Folks are very nice and cooperative. (NJ folks were not bad either but OKies are nicer ;-)

    Stating above based upon personal experience as I had to stay at home for 10 days because the H1 renewal did not arrive on time.



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  • add78
    03-20 10:01 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    Frankly, I am surprised to see such a question from someone with so many posts.
    If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
    Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).





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  • vkmm
    08-07 02:58 PM
    You should be able to do your landing and H1 stamping with no problem.

    I have done the same last year. Process is very smooth and of course not dependent on each other.



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  • freedom_fighter
    03-08 02:38 PM
    another one bites the card.





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  • gcdreamer05
    09-22 12:58 PM
    I got my AP approved on 09/13 and got the documents on 09/20


    could you please share when you applied for AP so that we can know how long it took for approval after RFE...



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  • clockwork
    07-18 05:16 PM
    Follow up of previous file attachment.





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  • ragz4u
    01-25 11:53 AM
    What is lobbying and is it legal?
    As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying

    It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about

    What has lobbying got to do with the Immigration Bill?

    As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.

    The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others

    This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.

    This markup already seems to contain the provisions we need, what are we still worried about?

    If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.

    1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time

    2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!

    3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history

    4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here

    5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture

    So as can be seen, there are various stumbling blocks towards achieving a favorable bill.

    The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.

    A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital

    Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?

    We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.

    During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.

    It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.

    Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.

    A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.

    We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.

    All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams

    And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm





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  • gc_lover
    07-02 09:52 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    Door opens both ways in and OUT!





    makino_a55
    01-29 10:06 PM
    Cases filed in the so called 245 -i
    do they have to go the same procedure like any other employement category???
    i mean , 1. get labour approved by state and fed ,
    2. get 140 approval ,
    3.file I-485 get approval and then do they get their GC.

    My question is if they have to go through all this process and if their labours are still stuck at Back log centers then there is no point in stopping the PD's
    at all , no one knows for sure when the labours will get cleared , I-140's cleared etc., for the 245-i cases.

    if they have to go through all the above i feel that the pD's will move ahead for some time and move back again.

    a big mistake in the justification /estimation BY DOL to stop pds , if the 245-i cases have to go through the same procedure as employement cases.

    Any thougths /opnions???????





    zimmyneuro
    06-23 07:13 AM
    Thank you for all support.
    best, zimmyneuro



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