DOL Screenshot Shows Employer Existence Failed!
DOL Screenshot Shows Employer Existence Failed!
A problem has arisen with the U.S. Department of Labor (DOL) computer screen shots, made available to prove that a labor certification is pending at a Backlog Processing Center. These screen shots are available to persons seeking extensions of the H1B status beyond the six-year limit, based on the filing date of a pending labor certification. Sometimes these much-needed screen shots contain an annotation, however, that the sponsoring employer has failed the existence check. The existence check is a verification of the actual existence of the sponsoring employer, performed by the DOL as part of the review of a pending labor certification case. The failed existence check information appears on cases where the employer in fact does exist. Many people are concerned, since these records have to be sent to the U.S. Citizenship and Immigration Services (USCIS) in support of the H1B extension requests.
The DOL has indicated that the annotation is there because, at some point between initially entering the data and issuing a 45-day letter, the DOL confirmed that the employer existed without directly contacting the employer. This is an error in the system. Since the DOL's case processing is not impacted by this error, they have not spent time correcting it. The DOL has stated that this entry should not cause a denial of the case. Further, the DOL is contacting the USCIS regarding this matter in an effort to ensure that the USCIS does not deny a case or issue a Request for Evidence (RFE) as a result of the annotation on the screen shot. Hopefully, this will resolve the problem and not create more confusion, delay, and unnecessary RFEs or improper case denials
From MurthyBulletin : VOL. XI, no. 29; Jul 2005, week 4
DOL Screenshot Shows Employer Existence Failed!
A problem has arisen with the U.S. Department of Labor (DOL) computer screen shots, made available to prove that a labor certification is pending at a Backlog Processing Center. These screen shots are available to persons seeking extensions of the H1B status beyond the six-year limit, based on the filing date of a pending labor certification. Sometimes these much-needed screen shots contain an annotation, however, that the sponsoring employer has failed the existence check. The existence check is a verification of the actual existence of the sponsoring employer, performed by the DOL as part of the review of a pending labor certification case. The failed existence check information appears on cases where the employer in fact does exist. Many people are concerned, since these records have to be sent to the U.S. Citizenship and Immigration Services (USCIS) in support of the H1B extension requests.
The DOL has indicated that the annotation is there because, at some point between initially entering the data and issuing a 45-day letter, the DOL confirmed that the employer existed without directly contacting the employer. This is an error in the system. Since the DOL's case processing is not impacted by this error, they have not spent time correcting it. The DOL has stated that this entry should not cause a denial of the case. Further, the DOL is contacting the USCIS regarding this matter in an effort to ensure that the USCIS does not deny a case or issue a Request for Evidence (RFE) as a result of the annotation on the screen shot. Hopefully, this will resolve the problem and not create more confusion, delay, and unnecessary RFEs or improper case denials
From MurthyBulletin : VOL. XI, no. 29; Jul 2005, week 4
Imagine first 10k recieved needs to be mailed (Can they do it same day)