Heard news, One Employer Can Only Sponser One LC/employee?

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Heard news, One Employer Can Only Sponser One LC/employee

I heard the news said that on 8/8/2005, DOL has announced new regulation says that is One employee can only hold one LC. For example, if the employee held one RIR, he/she can no longer apply for PERM unless he/she cancel the old one.
Is it true? Any link?
 
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sorry..it is clear

Atleast one certified copy will be given to us, before they cancel the others...like for instance you are in BEC and want to apply PERM, your BEC or PERM will not be cancelled unless one of them is approved....that is good.



rest_2004_free said:
If you want to apply one in software engineer, and the other in systems analyst...you can do so....in the future you would want to jump into that job...so technically it does not matter in those respects.

Let me know if that is not true...
 
Rest2004....I think what you said is not true..

Following is what they say :
-----------------------------
If an employer wishes to file a new application for a particular alien and there is currently an application on file for that alien, the employer may not file the new application until the employer formally withdraws the previously filed application or the employer has been notified, in writing, that the previous application is denied. (For withdrawal information, see the separate FAQ on procedures for withdrawing an application.)
------------------------------------

According to the above, before we file new application, they are asking us to withdraw the old one..

Let me know if i am not correct?
 
How can it be so?

Let us say I want to apply in Software Engineering as one, and the other as Systems Analyst, and the other as Business Analyst. All those positions are hypothetical though with the same employer, Can they still prevent it?

Currently I have not received a 45d letter for the BEC case, how would they know if my case is still active ateast I do not know.


raju755 said:
Rest2004....I think what you said is not true..

Following is what they say :
-----------------------------
If an employer wishes to file a new application for a particular alien and there is currently an application on file for that alien, the employer may not file the new application until the employer formally withdraws the previously filed application or the employer has been notified, in writing, that the previous application is denied. (For withdrawal information, see the separate FAQ on procedures for withdrawing an application.)
------------------------------------

According to the above, before we file new application, they are asking us to withdraw the old one..

Let me know if i am not correct?
 
If you filed your new PERM application before the regulation take effect then If one gets certified then other gets invalid.

But after this regulation takes effect then you can not file multiple LC with the same employer irrespective if Job title. How they enforce is totally a different issue.

rest_2004_free said:
Let us say I want to apply in Software Engineering as one, and the other as Systems Analyst, and the other as Business Analyst. All those positions are hypothetical though with the same employer, Can they still prevent it?

Currently I have not received a 45d letter for the BEC case, how would they know if my case is still active ateast I do not know.
 
Thanks looks clear to me...good for the whole community

It is good for the whole community in the long run. I like it...even though I could get screwed in the long run...but hey maybe in the future some joe like me can get a fair chance...and does not have to wait his whole life...

Anyway can somebody please tell me when this regulation is going to become active? Or is it already active?

Thanks
:)


GC_DJ said:
If you filed your new PERM application before the regulation take effect then If one gets certified then other gets invalid.

But after this regulation takes effect then you can not file multiple LC with the same employer irrespective if Job title. How they enforce is totally a different issue.
 
rest 2004 Free...ANS me....

///

It is good for the whole community in the long run. I like it...even though I could get screwed in the long run...but hey maybe in the future some joe like me can get a fair chance...and does not have to wait his whole life...

Anyway can somebody please tell me when this regulation is going to become active? Or is it already active?

Thanks

///

Dude, u wrote like it is good in the long run...i'm almost in the same boat reg RIR 2 PERM stuff...can u pen down ur thoughts abt the GOOD IN THE LONG RUN stuff......

looking fwd 2 hear from u...

Thanks
~TS
 
I could be wrong, but I think this paragraph is included in the question about multiple filings under PERM. This may not reflect on situations while one in BEC and one in NPC. I will double check with my attorney.

raju755 said:
Rest2004....I think what you said is not true..

Following is what they say :
-----------------------------
If an employer wishes to file a new application for a particular alien and there is currently an application on file for that alien, the employer may not file the new application until the employer formally withdraws the previously filed application or the employer has been notified, in writing, that the previous application is denied. (For withdrawal information, see the separate FAQ on procedures for withdrawing an application.)
------------------------------------

According to the above, before we file new application, they are asking us to withdraw the old one..

Let me know if i am not correct?
 
Dont get me wrong....

I did not intend to hurt anyone's feeling...as always people are too emotional on this portal...let me clarify...

I meant that by not allowing multiple filings in DOL(PERM & BEC), people who have currently single applications can get their chance of getting approved sooner. That being said, people like me can expect in BEC to get their application approved faster and similarly very few people will apply in PERM or very few cases might meet the criteria so DOL will not have the oppurtunity to later say that they were spending two years of their time clearing multiple filings...you know what I mean. Very few get to apply in PERM and those who apply PERM will not have to go into another backlog.

I also know that people like me may not be able to apply PERM since one case is already pending in BEC. Infact as you can see most of those who are getting approved in PERM never had a case in BEC, I believe that policy is already being enforced.

Note: I wish I had a chance to apply in PERM as well as keep the BEC case, but I am also happy that it does not allow anybody to do so in the future...atleast that is what people say/law says. If it means it is good for everyone, it is good enough for me.

:)

trendsetter said:
///

It is good for the whole community in the long run. I like it...even though I could get screwed in the long run...but hey maybe in the future some joe like me can get a fair chance...and does not have to wait his whole life...

Anyway can somebody please tell me when this regulation is going to become active? Or is it already active?

Thanks

///

Dude, u wrote like it is good in the long run...i'm almost in the same boat reg RIR 2 PERM stuff...can u pen down ur thoughts abt the GOOD IN THE LONG RUN stuff......

looking fwd 2 hear from u...

Thanks
~TS
 
Related to this question...Rajiv Khanna says...

I have found some information on immigration.com, it could be old...but neverthless it is related to this discussion

http://www.immigration.com/faq/perm.html

Q30 If I want to keep my EB3 RIR case in BRC (Backlog Reduction Center) when I file a brand new PERM EB2 case (a different position), do I have to disclose this case number in A 1-B of ETA9089?
A30 No you do not.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
(Posted on 15 March 2005 )


Q29 Can we file another Labor Cert application under PERM and still keep pending another application through RIR/NON RIR.
A29 Short answer: Yes. But do read on. If you want to transfer the priority dates, you will have to withdraw the old labor cert and re file within 210 days a PERM base labor cert. Both labor certs MUST be IDENTICAL (absolutely same). If you do NOT want to transfer the PD, you could file an identical OR a different application under PERM. As long as both applications are filed in good faith (not fraudulent), you can take advantage of both. USDOL does not like this practice, but so far they can do nothing about it.
[Index] [Compiled by Law Offices of Rajiv S Khanna]


rest_2004_free said:
I did not intend to hurt anyone's feeling...as always people are too emotional on this portal...let me clarify...

I meant that by not allowing multiple filings in DOL(PERM & BEC), people who have currently single applications can get their chance of getting approved sooner. That being said, people like me can expect in BEC to get their application approved faster and similarly very few people will apply in PERM or very few cases might meet the criteria so DOL will not have the oppurtunity to later say that they were spending two years of their time clearing multiple filings...you know what I mean. Very few get to apply in PERM and those who apply PERM will not have to go into another backlog.

I also know that people like me may not be able to apply PERM since one case is already pending in BEC. Infact as you can see most of those who are getting approved in PERM never had a case in BEC, I believe that policy is already being enforced.

Note: I wish I had a chance to apply in PERM as well as keep the BEC case, but I am also happy that it does not allow anybody to do so in the future...atleast that is what people say/law says. If it means it is good for everyone, it is good enough for me.

:)
 
I think it is related to mostly PERM applications

I read the faq, the question itself started off with "Under PERM" phrase, so the answer was mostly related to all PERM applications. In order for them to deny applications just because there is one pending already in BEC, it will be impossible, software has to access BEC database, even if they want to manually look into the BEC database, some cases might not have been entered completely. People who have not received 45 d letters, might have a chance to escape and get the PERM approval. Of course it is a neligible chance.

raju755 said:
Rest2004.. I think the FAQ is old one and is not valid answers now(according to me)...
 
***Read the Attached Memo****

Share it with everyone please. Let us see what we can do. This is unfair and I think, illegal.
 
Operations..

I read the FAQ in DOL wesbite and it said that "An Employer cannot file multiple LC's for the same alien"..

It means...that an Employee can have multiple GC's filed parallely with different companies..

Please let me know if my assumption is not correct as I am planning to file GC parallely.
 
operations said:
Share it with everyone please. Let us see what we can do. This is unfair and I think, illegal.


I do not understand. I have 1 RIR case at BEC and a fresh PERM filled in July.
Does this new rule pertain to that case?

Does it mean they will invoke the certified PERM if the RIR is approved?
Isn't that absurd?

It is not only stupid - it is not what was published at the time we applied for PERM. How come the current rule affect the past? Is it legal?
Could anyone explain please?
 
unconstitutional?

Anjey said:
I do not understand. I have 1 RIR case at BEC and a fresh PERM filled in July.
Does this new rule pertain to that case?

Does it mean they will invoke the certified PERM if the RIR is approved?
Isn't that absurd?

It is not only stupid - it is not what was published at the time we applied for PERM. How come the current rule affect the past? Is it legal?
Could anyone explain please?

It appears your 14th amendment right has been violated, because, by abusing its judicial power, DOL will deprive your of your investment (assuming you have legally paid for filing your RIR/PERM, although the petition is your employer's) with out due process of law. You can probably claim your 5th amendment right, but that pertains to an explicitly criminal litigation.

Checked out some commentaries on the 14th amendment. In the following, I think “State” applies to DOL as well:

---------------

"... nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws."

That's not restricted to citizens. The Supreme Court spelled this out,
in Yick Wo v. Hopkins, 118 US 356 <http://laws.findlaw.com/us/118/356.html>

"The rights of the petitioners, as affected by the proceedings of which they
complain, are not less because they are aliens and subjects of the emperor of
China. ... The fourteenth amendment to the constitution is not confined to the
protection of citizens. It says: 'Nor shall any state deprive any person of
life, liberty, or property without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.' These provisions
are universal in their application, to all persons within the territorial
jurisdiction, without regard to any differences of race, of color, or of
nationality; and the equal protection of the laws is a pledge of the
protection of equal laws."

The Constitution protects due process for citizen and foreigner alike.

Go back even further, to ex parte Milligan (1866):

"The Constitution of the United States is a law for rulers and people,
equally in war and in peace, and covers with the shield of its protection
all classes of men, at all times, and under all circumstances."

The idea that foreigners have no rights is itself foreign to the American
Constitution and Declaration of Independence. It is UN-American.

------------


DOL==CCP (Chinese Communist Party) holds true.
The question is whether your payment for filing the case is legal.
 
QUESTION!!!!

I have an important question here.
I thought about the Section 1 of the 14 amendment.


What about a student, who paid a lot of money for his studies with the intention and the right to adjust the F1 status after the study course is over?
Suppose you spent 100,ooo in tuition and who knows how much in related costs and now you are not allowed to apply for H1B visa, because of the cap? What if this person is forced to leave the country?
It is obvious to me - such person will have a great difficulty finding employment without his/her presence in the USA.


Do you think it is a deprivation of the investment and life by the State enforcing the law?



"You can probably claim your 5th amendment right, but that pertains to an explicitly criminal litigation."

Well, this is confusing.
"No person shall be"(...)"deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

I have a feeling we could say our fees were taken for nothing.-)))
But I don't feel it is apropriate to use the 5th amendment here.
 
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Very disappointed with PERM

With this rule about disallowing multiple LCs for the same employee, USCIS seems to have crucified any hopes for folks in the late 5th/6th/6+ years to apply for PERM!...

Can you all, please review my case below to see if I could somehow still keep one LC pending... Heres my story in short..

LC1 == Working for company A -- A Filed an LC early 2004
LC 2 == A acquired by company B -- B files a new LC late 2004
Now I am officially into my 6th year in company B...

Is there any way I could file for PERM after pulling the plug on LC 2, and hope that USCIS/DOL will not bother about LC 1 since its in a different company's name?. And then I can rely on LC 1 to file my 7th year extension...

Thanks,
peace4u

P.S - thanks to Rajiv Khanna and all the good folks on this message board to keep our spirits up
 
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