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

Stay focussed on the subject....Please

No offense Harshy and Ezee, your discussion should be on another thread where they are discussing PERM and 7th year extensions...we are discussing here about applying PERM while case is pending at BEC. This is an important topic we would not like to flood this thread with people discussing other topics. Please understand...it is a request.

Moderator kindly assume some responsibility if we keep getting these posts.

Anyway comming back to the discussion, I hope DOL will not put our PERM cases once we apply on hold until the BEC case gets its turn maybe in 2 years and then decide to cancel BEC case and give PERM case which will have later priority date.....that will be cruel..because we will be waiting for the same amount of time. Unless the Khanna case is file against DOL, I do not think they will understand ............

This is too much nonsense...



harshy said:
Mr. Rajiv,

There are several people in the same boat. Many approved/filed awaiting descion in 6th/7th year.

What options do we have to extend my H1's.
 
rest_2004_free said:
No offense Harshy and Ezee, your discussion should be on another thread where they are discussing PERM and 7th year extensions...we are discussing here about applying PERM while case is pending at BEC. This is an important topic we would not like to flood this thread with people discussing other topics. Please understand...it is a request.

Moderator kindly assume some responsibility if we keep getting these posts.

Anyway comming back to the discussion, I hope DOL will not put our PERM cases once we apply on hold until the BEC case gets its turn maybe in 2 years and then decide to cancel BEC case and give PERM case which will have later priority date.....that will be cruel..because we will be waiting for the same amount of time. Unless the Khanna case is file against DOL, I do not think they will understand ............

This is too much nonsense...
No offense Rest for free..But all our issues are all linked to the recent FAQ's issued by DOL..

There are many people on 6th/7th year with applications at BEC and/or PERM.

Hence we all are requesting clarity.
 
Has DOL contemplated how to put its ruling into practice?

When filing under PERM, how is one to withdraw a previous Labor Certification Application filed under the old, non-PERM system? Is DOL contemplating adding something to the online form???? If not, will an email/letter to the BEC suffice?

Any inputs appreciated - thanks!
 
I think we are all screwed

You might have to apply for withdrawl from BEC. You cannot do that in PERM itself. That might lead to another Q....I am in my 5th year. If I withdraw my previous case and that formal withdrawl does not come before my 6th year starts...I am screwed as far as PERM is concerned....I have no other alternative but to wait with BEC or apply for PERM from another company.

:)

mar2004 said:
Has DOL contemplated how to put its ruling into practice?

When filing under PERM, how is one to withdraw a previous Labor Certification Application filed under the old, non-PERM system? Is DOL contemplating adding something to the online form???? If not, will an email/letter to the BEC suffice?

Any inputs appreciated - thanks!
 
any feedback on the letter sent to Elaine Chao

Has anyone heard from Rajiv Khanna's office regarding the letter to DOL. A deadline of Aug22, 2005 for DOL to respond?

To Mr. Khanna's office personnel - As many others have mentioned earlier, thanks a ton for this message board. Do let me know if you need to any support from employers to support your action against the DOL. Will be glad to be help in any way I can.

Philly2004
 
A long way to go

philly2004 said:
Has anyone heard from Rajiv Khanna's office regarding the letter to DOL. A deadline of Aug22, 2005 for DOL to respond?

To Mr. Khanna's office personnel - As many others have mentioned earlier, thanks a ton for this message board. Do let me know if you need to any support from employers to support your action against the DOL. Will be glad to be help in any way I can.

Philly2004

As Mr. Khanna's I485 litigation against DHS has been dragging on for over a year with no sight of end yet, I'd believe the same thing would happen to this pending law suit against DOL, however eloquent the plaintiff is.

I suppose Mr. Khanna can include the employers in the aggrieved parties as well. Besides, Mr. Kanna can round up legal/financial/ethical support from the AILA. Beware that DOL, like DHS, is a legal tyranny, which shall prove to be a tough rival to any independent attorney. Bigger support from clients/empoyers/fellow attorneys would mean better chance of winning the case.

Just my 2cents.
 
Please do not sound so pathetic

rest_2004_free said:
You might have to apply for withdrawl from BEC. You cannot do that in PERM itself. That might lead to another Q....I am in my 5th year. If I withdraw my previous case and that formal withdrawl does not come before my 6th year starts...I am screwed as far as PERM is concerned....I have no other alternative but to wait with BEC or apply for PERM from another company.

:)

I hate too say it, but you sound like defeated even before the battle!
 
No response from USDOL. We are draftng a lawsuit. I am looking for two or three good plaintiffs - employers who have a genuine need for filing second labor certification.
 
FAQs withdrawn

My lawyer tells me the controversial FAQs have been withdrawn because of a lawsuits that are being prepared.
http://atlas.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf
That's great news!!

Thanks Mr. Khanna for the speedy action.

Philly2004

operations said:
No response from USDOL. We are draftng a lawsuit. I am looking for two or three good plaintiffs - employers who have a genuine need for filing second labor certification.
 
Last edited by a moderator:
Yo no offense

Thanks for beating me on the point...but I have been waiting in this big mess for a long time...I guess that is just me. No need to beat me up further...I am not saying I do not deserve your advise but it definitely is not boosting my courage.

Thanks!!


mummiezed said:
I hate too say it, but you sound like defeated even before the battle!
 
I know

philly2004 said:
My lawyer tells me the controversial FAQs have been withdrawn because of a lawsuits that are being prepared.
http://atlas.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf
That's great news!!

Thanks Mr. Khanna for the speedy action.

Philly2004


This is a temporary victory. we are watching the USDOL. If they take any action we think is illegal, we will have no choice but knock at the court's door. I am dismayed and surprised that more lawyers did not join in this effort.

Anyhow, congratulations - for now.


PS Win or lose - NO EFFORT IS WASTED. I have seen plenty of changes in CIS working directly because of the lawsuit. I really dont care about winning. Keeping the work going keeps the govt. honest and aware of the little man - the individual. Also, keeps me out of trouble Lest I have too much free time. :D

PPS I was planning to work through the weekend on the lawsuit. Well, now I can wait till they come back with some other ill-considered policy. May be I will go catch a movie or something.
 
Last edited by a moderator:
ThanQ Rajiv

That's good move by u and we succeeded partially...

lets hope we will win the final battle....

god knows, wat other stuff they r going to put in the new notification...
 
beacon

Mr. Rajiv,

I have read the incisive and persuasive letter you sent to DOL regarding the multiple labor certification FAQs. Job well done, sir!

Thank you for being a beacon in the immigration community.

Please do not hesitate to let us know what we can do to further the interests of the immigrant community.

applying4gc :)
 
Thanks

applying4gc said:
Mr. Rajiv,

I have read the incisive and persuasive letter you sent to DOL regarding the multiple labor certification FAQs. Job well done, sir!

Thank you for being a beacon in the immigration community.

Please do not hesitate to let us know what we can do to further the interests of the immigrant community.

applying4gc :)

This needed to be done. I found it personally distressing that the govt. could act without any regard for us, the people. They can do what they wish, but only according to proper procedures. This is a country of laws. Thank you all for your encouragement.

PS There are no beacons among equals.
 
I salute you Mr. Khanna for taking such an important step and winning. Many of us still struggling almost 10 years for an American Dream and still waiting... and no results. Friend of mine who was illegal for almost 6 years got green card last month (2001 Amnesty). I am here almost 9 years still working hard everyday with H1B but no green card - ins't it a shame? Frustration continues...
 
operations said:
This is a temporary victory. we are watching the USDOL. If they take any action we think is illegal, we will have no choice but knock at the court's door. I am dismayed and surprised that more lawyers did not join in this effort.

Anyhow, congratulations - for now.


PS Win or lose - NO EFFORT IS WASTED. I have seen plenty of changes in CIS working directly because of the lawsuit. I really dont care about winning. Keeping the work going keeps the govt. honest and aware of the little man - the individual. Also, keeps me out of trouble Lest I have too much free time. :D

PPS I was planning to work through the weekend on the lawsuit. Well, now I can wait till they come back with some other ill-considered policy. May be I will go catch a movie or something.
Thanks Mr. Khanna..It is great to have someone like you to lead us..
 
operations said:
Anyhow, congratulations - for now.


PS Win or lose - NO EFFORT IS WASTED.

Yes that is right. How can we forget the days when there use to be one approval in a month from TSC. Rajeev knocking the court had major impact on the change.
 
For once, I think I would like to side with USCIS... while their process of terminating the multiple filing could be contentious, I really think this is a good rule. Why would a employer want multiple filing for the same employee? Since the said employee can eventually work in only one position, multiple filings are nothing but a loophole for unscrupulous employers to hold on to multiple LCs and then trade them in odious "labor substitution" market. USCIS's rule to ban multiple filings are right on - they should follow up through legal means and close down multiple filings.
 
New notification

What does the new notification mean? They are not done yet? They still want to pursue in that direction?

trendsetter said:
That's good move by u and we succeeded partially...

lets hope we will win the final battle....

god knows, wat other stuff they r going to put in the new notification...
 
Do away with Labor substituion first

Sc3 said:
For once, I think I would like to side with USCIS... while their process of terminating the multiple filing could be contentious, I really think this is a good rule. Why would a employer want multiple filing for the same employee? Since the said employee can eventually work in only one position, multiple filings are nothing but a loophole for unscrupulous employers to hold on to multiple LCs and then trade them in odious "labor substitution" market. USCIS's rule to ban multiple filings are right on - they should follow up through legal means and close down multiple filings.

I agree to some extent. But i think before doing away with the multiple Labor filing from same employer for the same employee the USCIS should do away with Labor Substitution.
This will directly be a huge blow to the blood sucking desi bhadwaas, who just play with our lives.

The Multiple Labor rule should be applied with proper care, as many people currently dont have any choice but to apply a second labor. In the long run this would be a good move, but it should not be implemented now. They have to first clean up the Backlogs and then think of implementing something like this.

neocor
 
Top