forum shopping rule

P

patienceforgc

Registered Users (C)
Dear forum members, please advise me in this matter. My employer has been filing from Philadelphia and Harrisburg ( yes, for each applicant) in recent times. He has obtained some GCs successfully from both the places ( as far as I know). But, yesterday he told me that he cannot continue doing this with me as now,it seems, there is concern over the head office not being in the state of filing. His office is in Boston and I think he has been maintaning an address in Philadelphia for 4 to 5 years now. So he would be starting the procedure from Massachusetts.

1. How far is he correct in this change of plan. He says he is being pro-active for the up-coming ruling on the 'head office' or 'forum shopping' issue.

2. What is the realistic time line I am looking at if I have to file from Massachusetts in RIR, EB2 by , say, end of April 2004.

3. Is RIR ( for IT people) a good/bad idea in Massachusetts ?

highly appreciate your help.

thanks
 
Originally posted by patienceforgc
Dear forum members, please advise me in this matter. My employer has been filing from Philadelphia and Harrisburg ( yes, for each applicant) in recent times. He has obtained some GCs successfully from both the places ( as far as I know). But, yesterday he told me that he cannot continue doing this with me as now,it seems, there is concern over the head office not being in the state of filing. His office is in Boston and I think he has been maintaning an address in Philadelphia for 4 to 5 years now. So he would be starting the procedure from Massachusetts.

1. How far is he correct in this change of plan. He says he is being pro-active for the up-coming ruling on the 'head office' or 'forum shopping' issue.

2. What is the realistic time line I am looking at if I have to file from Massachusetts in RIR, EB2 by , say, end of April 2004.

3. Is RIR ( for IT people) a good/bad idea in Massachusetts ?

highly appreciate your help.

thanks
Click to expand...

Forum shopping is here for real. I am in similar boat, both Boston and Philly DOL are following this new guideline, and it is just matter of time before other DOL will follow the same.
So to answer your questions
1. He is correct, go with law
2. Currently Mass is 10 months behind, add roughly about same back time from April 04.
3. There is no issue with RIR cases in Mass.

My 2 cents
 
Thank you for the information. Sorry to hear that you are in the same boat.

I thought a rule like this should have caused a major discussion in the forums as there are a lot of companies having offices in places like Delaware for the purpose of GCs with their head offices else where. On the contrary I did not find much discussion here. Did I mis-understand the rule/policy ? For example, what happens to big companies like IBM, CISCO ?? They have been filing from different states ( and there is no concept of multiple head offices , right !). What happenes to those applications already in process ? My employer says he is going to withdraw pending applications from Philly and Harrisburg. He consults one of the top immigration attorneys known to all of us,hence, I don't question his source of info. I am trying to see how much of an issue it is and whether we are over-reacting tosomething which is not a solid rule at present?

Kindly, can the learned members chip in with more information on this.

Appreciate your time, expertise and effort.

regards
 
Thank you for the information. Sorry to hear that you are in the same boat.

I thought a rule like this should have caused a major discussion in the forums as there are a lot of companies having offices in places like Delaware for the purpose of GCs with their head offices else where. On the contrary I did not find much discussion here. Did I mis-understand the rule/policy ?

For example, what happens to big companies like IBM, CISCO ?? They have been filing from different states ( and there is no concept of multiple head offices , right !). What happenes to those applications already in process ? My employer says he is going to withdraw pending applications from Philly and Harrisburg. He consults one of the top immigration attorneys known to all of us,hence, I don't question his source of info. I am trying to see how much of an issue it is and whether we are over-reacting tosomething which is not a solid rule at present?



You did not misunderstand it. DOL cannot deny just based on the fact that your head office is not there - it is illegal - there is no such law. Unfortunately no one is challenging it in BALCA. I am yet to see a case which is denied on this issue. Of course with companies like IBM, Cisco and any other company for example - say - Assur LLC (LLC is limited liability company), if they have a fully functional local head-office in those states - cases will be thru. See in order to get LC done - employer has to show that it is not opening office for sol purpose of LC approval. One has to show more than just address and a telephone line. For any company which really exists - any denial can be challenged in BALCA. If Assur LLC can show that it has couple of employee in DE and that they are really working/getting paid from DE (pay-roll generation) - then they should be fine(it is better then working in IBM or Cisco - you can opt for sweet or biter candy as per your choice).

Some of the employers are using the rumor to their own advantage also.
 
thanks jharkhandi,
for creating a virtual company Assur LLC .its really good to see ..

what's your thoughts?? Mr. CEO of Assur LLC ..Assur???
 
Originally posted by zamq
thanks jharkhandi,
for creating a virtual company Assur LLC .its really good to see ..

what's your thoughts?? Mr. CEO of Assur LLC ..Assur???
Click to expand...
I would like to AVOID 20 yrs. jail.
Why?? I can not pay consultant's salary while benched, how can I open a so-called office in faster state for LC only. It is a crime.
 
Hey Assur,

'kumarsr' wants to buy a LC (he has spammed the whole forum with his offer to buy), what do you have to loose :D Anyways you are a LLC, so you can deny any liability :D :D :D

001
Originally posted by assur
I would like to AVOID 20 yrs. jail.
Why?? I can not pay consultant's salary while benched, how can I open a so-called office in faster state for LC only. It is a crime.
Click to expand...
 
assur

sorry for a dumb question but I could not understand your comment on " I can not pay consultant's salary while benched"..
 
Assur was thinking that opening a business means opening a body shop :D :D, probably he doesn't know that he is allowed to start normal business as well :D :D

If you want a real answer: when consultants are without a project, they are "benched", and some body shops (Eg. Assur LLC) dont pay them the salary during this period (even though it is in direct conflict with H1 rules).

001
Originally posted by gp111
assur

sorry for a dumb question but I could not understand your comment on " I can not pay consultant's salary while benched"..
Click to expand...
 
Last edited by a moderator:
Originally posted by Jharkhandi
Thank you for the information. Sorry to hear that you are in the same boat.

I thought a rule like this should have caused a major discussion in the forums as there are a lot of companies having offices in places like Delaware for the purpose of GCs with their head offices else where. On the contrary I did not find much discussion here. Did I mis-understand the rule/policy ?

For example, what happens to big companies like IBM, CISCO ?? They have been filing from different states ( and there is no concept of multiple head offices , right !). What happenes to those applications already in process ? My employer says he is going to withdraw pending applications from Philly and Harrisburg. He consults one of the top immigration attorneys known to all of us,hence, I don't question his source of info. I am trying to see how much of an issue it is and whether we are over-reacting tosomething which is not a solid rule at present?



You did not misunderstand it. DOL cannot deny just based on the fact that your head office is not there - it is illegal - there is no such law. Unfortunately no one is challenging it in BALCA. I am yet to see a case which is denied on this issue. Of course with companies like IBM, Cisco and any other company for example - say - Assur LLC (LLC is limited liability company), if they have a fully functional local head-office in those states - cases will be thru. See in order to get LC done - employer has to show that it is not opening office for sol purpose of LC approval. One has to show more than just address and a telephone line. For any company which really exists - any denial can be challenged in BALCA. If Assur LLC can show that it has couple of employee in DE and that they are really working/getting paid from DE (pay-roll generation) - then they should be fine(it is better then working in IBM or Cisco - you can opt for sweet or biter candy as per your choice).

Some of the employers are using the rumor to their own advantage also.
Click to expand...

It may very well be 'Virtual Office' Vs 'Real Office' issue. Although my company is presenting is like it is 'Branch Office' Vs 'Head Quarter' issue. So far I haven't seen any denial on this issue, only NOFs. Most of these NOFs are pending in next couple of weeks, and hopefully DOL will take couple of week of their own time before making any decision. But under the threat of 'Misrepresentation' most of the 'Virtual Office' employer are withdrawing it rather than answering NOF :(
:mad:
 
Originally posted by kohinoor4me
It may very well be 'Virtual Office' Vs 'Real Office' issue. Although my company is presenting is like it is 'Branch Office' Vs 'Head Quarter' issue. So far I haven't seen any denial on this issue, only NOFs. Most of these NOFs are pending in next couple of weeks, and hopefully DOL will take couple of week of their own time before making any decision. But under the threat of 'Misrepresentation' most of the 'Virtual Office' employer are withdrawing it rather than answering NOF :(
:mad:
Click to expand...
That is the message, you got it. Save the World of Innocents from these greedy opportunists, choose your own LC, avoid short-cuts. Thanks.
 
lca_001..

Thanks for the information.. being a consultant for last 8 years myself this is news, I have never heard of !! (not getting paid while offproject!!!)...if one is a Independent Contractor its understood but as an employee of a firm...Oh man some people really know how to SC#%W Employees.
 
Last edited by a moderator:
gp111,
I am sure many will want to know which company you work for :D :D

Disclaimer : I am currently not a consultant, nor do I currently own any consultants, or have a controlling interest in any consultant :D :D


001
Originally posted by gp111
lca_001..

Thanks for the information.. being a consultant for last 8 years myself this is news, I have never heard of !! (not getting paid while offproject!!!)...if one is a Independent Contractor its understood but as an employee of a firm...Oh man some people really know how to SC#%W Employees.
Click to expand...
 
Originally posted by Jharkhandi

You did not misunderstand it. DOL cannot deny just based on the fact that your head office is not there - it is illegal - there is no such law. Unfortunately no one is challenging it in BALCA. I am yet to see a case which is denied on this issue. Of course with companies like IBM, Cisco and any other company for example - say - Assur LLC (LLC is limited liability company), if they have a fully functional local head-office in those states - cases will be thru. See in order to get LC done - employer has to show that it is not opening office for sol purpose of LC approval. One has to show more than just address and a telephone line. For any company which really exists - any denial can be challenged in BALCA. If Assur LLC can show that it has couple of employee in DE and that they are really working/getting paid from DE (pay-roll generation) - then they should be fine(it is better then working in IBM or Cisco - you can opt for sweet or biter candy as per your choice).

Some of the employers are using the rumor to their own advantage also.
Click to expand...

It is not HQ. It is substantial presence of the company that matters. Since company does not have a decent office in the state, they cannot claim as an employer in the state. You may be big somewhere else. But all they want is to have an establishment in the state where you are applying the Labor. A company I know has did more then 160 labors during 2003. They run the office from NJ in a room

Let him run from room. I do not mind. For some of the employees they file Labor with some mistakes which only the attorney or DOL can understand. This way they deliberately delay the process of Labor and suck the money (Blood?). Poor guys who do not have any other resorts will go to such companies. For that matter even i tried it. But God saved me.

They ask us to be prompt. Not to Use AC-21 use. Not to change employer.
Why do not you run your company from Wyoming instead of sitting in vicinity of NY City?
 
Last edited by a moderator:
Originally posted by gp111
lca_001..

Thanks for the information.. being a consultant for last 8 years myself this is news, I have never heard of !! (not getting paid while offproject!!!)...if one is a Independent Contractor its understood but as an employee of a firm...Oh man some people really know how to SC#%W Employees.
Click to expand...
Amazing, consultant takes only 8 hrs to understand environment.
 
Originally posted by gp111
assur...

Lets not fight or make statements on this informative forum.... I can respond to your comments but I AM NOT DOING IT.
Click to expand...
I have been a consultant more than 8 yrs. out of which get paid for 2 yr 8 months. Rest of the time stores, pizza delivery, benches, etc were the assignments. But resume is updated properly month to month. It is the reality. NOT fight.
 
Originally posted by assur
I have been a consultant more than 8 yrs. out of which get paid for 2 yr 8 months. Rest of the time stores, pizza delivery, benches, etc were the assignments. But resume is updated properly month to month. It is the reality. NOT fight.
Click to expand...

assur-

You forgot to add the major assignment which you are doing it for years "Renting your SUGARCANE" Form Inc until it dryed out.

:D
 
Originally posted by TAMIL_GC
assur-

You forgot to add the major assignment which you are doing it for years "Renting your SUGARCANE" Form Inc until it dryed out.

:D
Click to expand...
You are louder..Off course.
 
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