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  • butterchicken
    04-28 02:10 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 Currently a labor certification application is valid without limitation unless it is revoked or withdrawn.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.





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  • pappu
    01-09 12:19 PM
    From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.

    Come on fellas, I need your input.


    The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.

    Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.

    Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?

    Let us know your thoughts.





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  • gcdreamer05
    08-20 10:09 AM
    overseas i waited for replies checked with some of my friends and finally decided to post it to TExas center based on my state that i live in Mass.

    Posted the app today morning so i would suggest you to post it to TX.





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  • GCmuddu_H1BVaddu
    05-02 06:16 AM
    Seriously???

    Ok, let us assume I am a manner less fellow. I am still far better than you who is feeeling resentment against someone because of that person's advantages.

    You are the first one who quickly posted saying 'Not Good'. Any one in the world will say, you were abusive to the OP. Practice Nirvana, it will be good for you.


    Gcmuddu , u r still eb3 coz u r so abusive,
    u must have abused to the lawyer also
    so she let you rot as eb3

    I hope all eb3 gets the card but you get to
    go back to the culture you belong, coz u certainly
    don't fit in USA

    Do yourself a favor , learn manners, card
    will not teach you that.

    Btw how does ur family tolerates you?
    Or are a big hypocrite to tell ur son/ daughter(if any)
    to be polite and here in public forum u bad mouth

    wish your mom should have taught you more

    I feel sad when you say "kutte"
    noone should loose their loved ones soon,
    else they try to find them in public forums,

    good luck



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  • sathyaraj
    10-15 10:23 AM
    EAD allows un-restricted employment so nothing to worry. Also take all the supporting documents then you should be fine. In your future employment letter, plz make sure that you have full time (in-definte) job offer. Do not talk about ur salary as per hr basis.

    Good luck..





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  • hrushi_j
    04-05 10:43 AM
    Has anyone on a EAD or H1 taken a FHA house loan?
    FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
    Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)

    Would be interested in hearing your experiences.

    - JK
    I closed on March 23 on an FHA loan with Bank of america. No questions asked on status at all.



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  • life99f
    05-25 09:23 AM
    Sorry, I read the one in Washington post and I DONT think it is against us. It points out some US people don't like legal immigrate but it also shows why US companies need foreign high-skilled workers.





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  • immm
    08-10 02:04 PM
    http://www.forbes.com/feeds/ap/2007/08/10/ap4009032.html

    Associated Press
    U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET

    WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.

    Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.

    The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.

    At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.

    "Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."

    The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.

    "Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.

    Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.

    Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."

    The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.

    "This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.

    Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.

    In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.

    The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.

    The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.

    Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
    ....
    ....
    ....
    He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.

    But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."

    The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
    ....
    ....
    ....
    Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.





    Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed



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  • arukala
    01-20 03:02 PM
    Admin ,

    NEW LOOK AFTER A LONG TIME... It is really Good





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  • manishs7
    06-11 07:19 PM
    This is causing confusion.......



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  • jackisback
    06-03 12:17 PM
    Anyone used this to inform CIS of their AC-21 case since it was announced?
    Any experiences??? I had sent this to my attorney for his inputs but got no response





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  • rajuram
    04-26 10:16 PM
    does anyone know when CIR will be discussed in the house and in the Senate?



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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?


    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.


    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.





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  • PD_Dec2002
    06-12 07:18 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them

    What is "evl"?

    Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?

    Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.

    Thanks,
    Jayant



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  • vbkris77
    12-27 02:25 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..





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  • maddipati1
    12-11 02:06 PM
    emmNemm,

    read page 3&4 in the instructions for I-131 in the link below

    http://www.uscis.gov/files/form/I-131instr.pdf

    it clearly says ur AP app. is considered abandoned if u leave US before approval of AP.

    options,
    > getting H4 VISA stamped
    > apply for a new AP ( not sure if its possible while u r outside, do some research, may be possible, read the instructions above thoroughly)

    better get a legal advice.


    leo,
    cool down man, show some compassion to the bro. i agree its a novice question. but not every one is as knowledgeable as you. dont need to be harsh. seems like u know so much, his question looks silly, pl. give him a better advice.




    Hi,
    We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
    She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?

    Thanks!



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  • tikka
    07-19 01:38 PM
    http://digg.com/world_news/How_Skilled_Immigrants_Found_a_Voice





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  • GCSOON-Ihope
    10-30 03:55 PM
    Same aberration here!

    My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
    Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
    Anyone has any idea of what this means or is it just another "glitch" of their crazy software?





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  • Aura M.
    03-24 03:40 PM
    My answer might be a little too pessimistic but I actually filed an appeal for a denied LC in Sep 2006. and as of today I still haven't heard from them. we tried calling and emailing them but they keep asking us to wait and they will get to it.

    sorry and good luck. please keep me updated if you hear something from them.
    Thanks

    Have you hear anything from your appeal? Please let me know.
    Thank you.





    yogeshmanohar
    09-14 11:56 PM
    A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.





    martinvisalaw
    06-26 05:18 PM
    My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...

    Even though you entered using AP, you might be able to extend your nonimmigrant status. As the prior answer says, this is not necessary but many employees like to have it in case the AOS is denied for any reason.

    It is also useful because if your EAD expires and you have not received a new one, you cannot work even if a new application is pending. On the other hand, if your H-1B (for example) has expired but the company timely filed an extension, you can keep working while the extension is pending.



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