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10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
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yodamom
January 4th, 2005, 05:03 PM
It's a bit dark and I feel like it dead-ends at the doorway. I probably would've either walked forward a bit to get some of the road that looks like it's headed uphill (which would draw the eye in that direction) or I would've moved a little to the left to get a bit more of the road into the shot and show the hanging plant a little better. Moving a bit to the left might also have brought a little more light into the shot.
indyanguy
08-17 03:05 PM
My 6 year H1 term expired in Jan 2010 (not applied for extension yet). I live in IL.
I took the motorcycle training class and passed. Now, I have to go to the DMV to get the license. My existing 4 wheeler license is valid upto 2011. Will I get my motorcyle license only till 2010 (end of H1)?
Anyone knows how this works?
I took the motorcycle training class and passed. Now, I have to go to the DMV to get the license. My existing 4 wheeler license is valid upto 2011. Will I get my motorcyle license only till 2010 (end of H1)?
Anyone knows how this works?
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ram_ram
01-28 10:50 PM
My friend SS moved to Detroit, recently from Singapore on a H1-B Visa valid until Sep 2009. He is a product owner in a multi national company there. SS moved here and could bag 2 offers based on his Vast experience and Extraordinary skills. One in Detroit, Michigan, the other in OKC. He wanted to take the offer in MI. He gave a driving skills test before Jan 22, got a TIP(Temporary Permit), joined in a driving school to learn/practise driving. As per his TIP, he is eligible to give a driving test on or after Jan 25 2008. He gave the road test succesfully. The SOS denied to give him a license since he does not have a Green Card. All his money and time for driving classes is waste. He could not drive to work if he lived in MI. Govt does not provide any good public transportation. He did not want to fight more and waste his time with SOS reps. He moved over to OKC to take his second job offer. There is no such foolish rule yet in OKC that denies Driving license to LEGAL NON-IMMIGRANT WORKERS & LEGAL STUDENTS. Michigan lost another job. This law is not good for a state already in recession and a state with unemployment rate much greater than the national average. We ask the Governor and SOS to focus on more important economic woes of the state than brain less interpretations of the laws.
more...
grupak
11-15 01:29 PM
North Carolinians join us. Lets work together.
We had our first meeting, there are plans to meet local lawmakers. We need member participation.
We had our first meeting, there are plans to meet local lawmakers. We need member participation.
vivache
09-18 07:45 PM
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
more...
agiridhar
04-02 12:51 AM
It is a well known fact that the h1-b bodyshoppers/IT consulting companies exploit the system(laws) and their employee's for their own ends.
When everyone knows that these body shoppers are filing all the 65k h1's in one day for the jobs that are non existant with them, why no one is questioning it ?
These companies are not only grabbing all the available quota of h1's for locking in the techies(employees) and exploiting them but at the same time depriving the actual real companies (where work is done) from hiring the h1b techies.
Am just amazed at this pesudo demand of h1b created by these cyotes, isnt there any law to prohibit such malpractise/ cheating of the system ?
Also how can Attorney's and Law firms help in filing these made-up h1's are not they under oath to not do such malpractise ?
When everyone knows that these body shoppers are filing all the 65k h1's in one day for the jobs that are non existant with them, why no one is questioning it ?
These companies are not only grabbing all the available quota of h1's for locking in the techies(employees) and exploiting them but at the same time depriving the actual real companies (where work is done) from hiring the h1b techies.
Am just amazed at this pesudo demand of h1b created by these cyotes, isnt there any law to prohibit such malpractise/ cheating of the system ?
Also how can Attorney's and Law firms help in filing these made-up h1's are not they under oath to not do such malpractise ?
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CADude
09-28 04:28 PM
If USCIS are not giving RN in 90 days. How they will give EAD in 90 days or they will give EAD with RN :) All these are to confuse the congress where we are complaining. :mad:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
more...
The7zen
11-11 11:22 AM
It would be nice if we get Subscription expiration notification.
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anura
04-28 01:26 PM
On the lighter side,
"Superman renounces his U.S. citizenship
I thought he died because Bush wouldn't authorize embryonic stem cell research. Anyway he is an intergalactic illegal immigrant from Krypton.
"Superman renounces his U.S. citizenship
I thought he died because Bush wouldn't authorize embryonic stem cell research. Anyway he is an intergalactic illegal immigrant from Krypton.
more...
webm
05-22 09:14 AM
i have to travel outside the country next month, what do i need to get back? --- AP
thanks.
Congrats!! on your GC approval..
thanks.
Congrats!! on your GC approval..
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Leo07
06-08 08:12 PM
Hello There,
The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)
I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.
In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?
Please all your suggestions are welcome.
Best Regards,
Leo07
The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)
I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.
In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?
Please all your suggestions are welcome.
Best Regards,
Leo07
more...
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shimul99
07-31 05:10 PM
I applied my I-140 in february, 2007. In their system it's showing that it'd been received in FEb 8, 2007. and the case is still pending. As a EB3 from bangladesh when can i expect the approval. Lots of applications those were sent after mine have already been approved. I didn't receive any RFE or anything till now. Can anyone please help me with the update....
thanks ahead....
thanks ahead....
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uscisc
09-10 08:00 PM
I am not exactly in this scenario.
In my case I moved to a different company that already revalidated my H1B before moving to the new company.
So when they old company H1B is revoked, I say an LUD on the new company H1B. But there is no EVL RFE. And there is no soft LUD also on my I-485.
In my case I moved to a different company that already revalidated my H1B before moving to the new company.
So when they old company H1B is revoked, I say an LUD on the new company H1B. But there is no EVL RFE. And there is no soft LUD also on my I-485.
more...
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fromnaija
12-15 04:35 PM
Hi,
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
Getting a second H1 for part-time employment has no effect on your GC whatsoever.
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
Getting a second H1 for part-time employment has no effect on your GC whatsoever.
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upuaut8
08-15 03:38 AM
It's easy, I've been doing it all week long.
Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.
I'll be posting my first example of interesting uses for this effect, tomarrow some time.
Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.
I'll be posting my first example of interesting uses for this effect, tomarrow some time.
more...
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s416504
03-31 09:56 AM
Will be hard to give correct answer because we don't know what was his status since H1B approval & now (more than year period). If he went went out of country & returned to USA during this period, He is fine with his L1 Status.
As far his H1B approval has valid period, he should be OK to work with H1B sponcer employer as far as he maintained valid status. He might need to go out & get H1B visa stamping before he starts works.
But one thing is sure, He won't be part of H1B Quota limit for his next H1B.
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
As far his H1B approval has valid period, he should be OK to work with H1B sponcer employer as far as he maintained valid status. He might need to go out & get H1B visa stamping before he starts works.
But one thing is sure, He won't be part of H1B Quota limit for his next H1B.
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
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jangolouis
03-19 10:43 AM
I had to go through the same process last year. The day i went for the interview, there were 3 other PhDs with me to get their H1B stamped. It took me 7 weeks to get the passport back and for others it took longer. Calling embassy will not expedite the process. Call Department of State and ask for the update. I know its frustrating.
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gzpain
12-17 12:01 PM
I haven't contributed yet, but I would like to do. Can one of you please add my email address to WI state chapter.
msadiqali
08-08 02:44 PM
a fax from india or a letter from your local doctor will do.
take it to local uscis office and you should get it within hours.
take it to local uscis office and you should get it within hours.
nixstor
09-02 05:45 PM
Great! Thanks for updating every one.
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