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

Please tell us about this scenario....

I appreciate your detailed answer....could you please confirm your opinion about the following scenario.

For instance if I already have one application pending at BEC, can I apply a PERM application without withdrawing the one in BEC. I would like to have atleast one labor certification and I do not care if it is through PERM or from BEC, I am also not worried about my priority date.

Will I be able to apply for PERM? Can DOL prevent me from applying a PERM application even though one case is pending in BEC? Would I atleast get one certification?

Thanks,
:)


operations said:
Share it with everyone please. Let us see what we can do. This is unfair and I think, illegal.
 
Wake up!
The main problem for US immigration is illegal immigrants and what to do about them not H-1B professionals.
The student spent $100k and got a good education for it (so we hope...). There is no right attached to then actually work in the US afterwards. No one forced him/her to come here study and spend that kind of money.
Unless the student is persecuted at home at which time he could file for assylum he may return home if he cannot find work in the US. While it may not be what he had in mind, he knew that when he came here.

It would be different if finishing a US degree would be attached by the guarantee for a job here - but it isn't.

Anjey said:
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?
 
gc_2006 said:
Wake up!
(...)There is no right attached to then actually work in the US afterwards. No one forced him/her to come here study and spend that kind of money.
Unless the student is persecuted at home at which time he could file for assylum he may return home if he cannot find work in the US. While it may not be what he had in mind, he knew that when he came here.

It would be different if finishing a US degree would be attached by the guarantee for a job here - but it isn't.


You are incorrect. This is otherwise! The student I mentioned has a degree in a field with a large labor shortage. There are plenty of job offers. There are plenty of people willing to sponsor, and the only thing that stops the student from starting the job is the H1B visa limit.

Now - thank you very much for you valuable feedback but I would like to end this. There is no need to discuss such matters over a public forum. I am not going to do anything. I was just asking. I do not care about the rights we've been given by the Constitution. It is interesting, but there are better ways to spend time.
 
advise mefolksssssssss

How come the did not incorporated this recent change while starting PERM processing?

What is the advantage for PPL like me who has their PD in Q4 2005 and want to file PERM labor now?

What is the advantage for me in having the old Labor and it's Priority Date?

Till now I"m happy becasue I have two options to GO with but now they brutally killed the first option.I was under the impression that even though PERM EB2 retrogress I have PD of old Labor as saving point.

Not knowing when they will aproove my old Labor which I filed during the last Q of 2005 under RIR-EB2 and goin for PERM-EB2 is suicidal at this junture????

Maaaaaaan,,,,U DOL guys..:-(((

Folks...

Pen down ur thoughts/opinions on this stuff?...
Just need some good advise..

it's do or die NOW...want to take final decision and move by leaving rest to GOD...

Thanks Guys
 
trendsetter said:
How come the did not incorporated this recent change while starting PERM processing?

What is the advantage for PPL like me who has their PD in Q4 2005 and want to file PERM labor now?

What is the advantage for me in having the old Labor and it's Priority Date?

Till now I"m happy becasue I have two options to GO with but now they brutally killed the first option.I was under the impression that even though PERM EB2 retrogress I have PD of old Labor as saving point.

Not knowing when they will aproove my old Labor which I filed during the last Q of 2005 under RIR-EB2 and goin for PERM-EB2 is suicidal at this junture????

Maaaaaaan,,,,U DOL guys..:-(((

Folks...

Pen down ur thoughts/opinions on this stuff?...
Just need some good advise..

it's do or die NOW...want to take final decision and move by leaving rest to GOD...

Thanks Guys
My thoughts on this..
Let us say you have have a LC pending at a BEC (priority date not too old) and you apply for PERM.
1) If BEC LC gets approved before PERM LC, your PERM LC will be denied. In many cases, this may not be a very bad thing. You have an approved LC. But what are the chances of the BEC LC getting approved before the PERM?
2) If PERM LC gets approved before BEC LC (which will most likely be the case), the BEC LC will be denied. I do not think this is too bad either.
But looking at the mood on the forum, I am sure I am missing something. Can someone please enlighten me?

Thanks
 
That is correct however....

Although logically it makes sense that you will atleast get one labor approved and they will automatically cancel the other...either ways I do not care...I need atleast one labor cert in my hand....


But you need to consider one thing ...will you get atleast one labor in hand if so how long do you have to wait for it.

DOL *&$@ people will most likely put cases that have multiple hits on waiting list before they approve the ones that do not have any multiple hits...I am worried that such cases like mine who have supposedly one pending at BEC...(no news if that is closed or active or pending becos there was no 45d letter)...might become like the traditional labor situation in the old process (ie you will have to wait a couple of years before you hear anything on your case).

There is another scenario...in PERM they can cancel an approved labor at any point of time....even if you are in 485 stage...what happens in that situation...maybe some moron might accidentally close your labor because he found some vague info on your pending BEC case...in that case will they close your 485 case? It is scary to think about all these situations.

:)


gcaspirer2005 said:
My thoughts on this..
Let us say you have have a LC pending at a BEC (priority date not too old) and you apply for PERM.
1) If BEC LC gets approved before PERM LC, your PERM LC will be denied. In many cases, this may not be a very bad thing. You have an approved LC. But what are the chances of the BEC LC getting approved before the PERM?
2) If PERM LC gets approved before BEC LC (which will most likely be the case), the BEC LC will be denied. I do not think this is too bad either.
But looking at the mood on the forum, I am sure I am missing something. Can someone please enlighten me?

Thanks
 
different companies

I have exactly the same situation. I have an LC in BEC from company A. Company A was acquired by company B and compnay B is filing perm.

Technically they are two different employers ( different FEIN ).

I would be interested to know if I allowed to keep both the applications.

Sai

peace4u said:
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
 
2nd application???

But the question remains...

If one has application in Backlog center

and tries to go for PERM

is it allowed after august 31 or not?

if it is allowed, whichever is approved first may be fine (with some guys atleast e.g. EB2)
 
After carefull consideration I think you have a point here, GC_Reform.

This pertains to:"Visa is a privilege not a right. Firstly he has no rights to adjust to any status. F1 is a student visa which mandates the student to return to the home country after studies are over. He is allowed to change to any other visa status provided one is available. Now just becasue you have spend 100,000 or 1 M it doesn't mean that you are entitled to a return on your investement. The cost of study was clearly spelled out in I-20 and so was conditions of F1 visa.


However, the situation is unclear when you said:
"When you took the decision you have all the information that you have now. Stop blaming the system for all your decisions. It is like an investment that didn't pay out."


I am thinking about that now. It is more complex than that.
First, it is not a true statement, GC_Reform.
When a student took that decision, he had no clue of all changes that would influence his life in the coming future!


Second, there is a rule saying if something is not forbidden - it is allowed.

I would say it is worth second consideration since the student was easily allowed to switch the status BEFORE 2002 and that prospective change of status was very easily achievable.

I would also question a statement naming the investement "the privilige".

If you think about the studying proces in the USA - you could call it a privilige if it was not covered by the student in full. If you think about spending money on it - it is not a privilige. It is a payment and the service. It is not a privilige!

I would never call it a privilige since it is the foreign money creating jobs at the local university.

In this particular example I'd say it is a privilige of the university to have a foreign customer paying the tuition.

It is in best interest of the Country to give away these F1 visas.
Think about it that way.
 
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Very briefly,

why don't the people that dislike like the system start a class-action suit against DOL, CIS and whoever else they think is behind this?

When we left our home countries to come here we pretty much came knowing it potentially could go all bad and we may end up home again some day. Any day on H-1B I have been aware of the fact that a lay-off could end it all very suddenly. But such is life - no risk no fun.
 
Please!!!

GCreform and Anjey.....this thread belongs to the discussion of PERM and BEC applications....I understand both of you are smart...please send each other PMs or take this discussion elsewhere maybe in F1 visa thread....I am pleading you and asking you

Administrator please help us!!

Comming back to the discussion, I think we will be allowed to. If you think about it, cases have not been formally entered into the DB. PERM software needs to automatically detect which it cannot, the only other alternative is that CO should manually query the DB. In that case, CO might as welll approve PERM case and cancel the previous BEC case.

As far as company being bought over by another...there is a good chance that they will consider two different applications...that is a good thing...I think they might not be able to identify and follow the trail of one company's business history.



kalpssoni said:
But the question remains...

If one has application in Backlog center

and tries to go for PERM

is it allowed after august 31 or not?

if it is allowed, whichever is approved first may be fine (with some guys atleast e.g. EB2)
 
gc_2006 said:
Very briefly,

why don't the people that dislike like the system start a class-action suit against DOL, CIS and whoever else they think is behind this?


There is one reason. Indirect interest.
I am aware of these issues since June only.
I have no personal interest in such proceedings.
I've had no clue it was so complicated, frustrating and unfair.
I never suspected it could be so screwing.
 
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TO GC_reform:


1.The overall decline in international students enrolled in U.S. colleges and
universities has been attributed to a variety of reasons, including real and
perceived difficulties in obtaining student visas (especially in scientific and
technical fields), rising U.S. tuition costs, vigorous recruitment activities
by other English-speaking nations, and perceptions abroad that international
students may no longer be welcome in the U.S.

2.International students brought over $13 billion dollars to the U.S. economy
in money spent on tuition, living expenses, and related costs, according to
the Department of Commerce. Nearly 75% of all international students
reported that their primary source of funding comes from personal and family
sources or other sources outside of the United States. The percent of
students relying primarily on personal and family funding increased by over
one percent to 67% of international students in 2003/04.


All above prooves it is a business.
It is a hudge source of income!!


Sources:

http://wcbj.clemandco.com/current_issue//010305wfoc05.html


http://opendoors.iienetwork.org/;jsessionid=1a01vrqljaokc?p=50137
 
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Can an employee have multipe LCs through different employeers?

:confused:
gc_2006 said:
Very briefly,

why don't the people that dislike like the system start a class-action suit against DOL, CIS and whoever else they think is behind this?

When we left our home countries to come here we pretty much came knowing it potentially could go all bad and we may end up home again some day. Any day on H-1B I have been aware of the fact that a lay-off could end it all very suddenly. But such is life - no risk no fun.


I have a question. This new rule says an employer cann't file more than one labour certification for a same employee. On the other hand, can an employee have more than one Labor certification filed on behalf of him through different employer?

Meaning, for example, if i think my I140 filed based an approved LC filed through employer A will get denied for some reason, can i have employer B file another LC for me through PERM when i am waiting on the decision for my I140 filed based on the approved LC filed by employer A? That way if my I140 based on the LC from employer A gets denied i will have chanses of the other PERM LC filed through employer B getting approved and be able to continue with the I140 and I485.
 
Request

Guys, please stay on the topic. I have noticed that few members on this particular thread are taking their discussion out of "One Employer Can Only Sponsor One LC/employee?” topic. Such continuation will dilute the nature of the thread and discussion can go off hand. In result, I have to take prompt action to stop these events, which can lead to an unfavorable outcome. Hope you all understand the necessity of this forum. Thanks for your kind co-operation.
 
labordrags said:
Guys, please stay on the topic. I have noticed that few members on this particular thread are taking their discussion out of "One Employer Can Only Sponsor One LC/employee?” topic. Such continuation will dilute the nature of the thread and discussion can go off hand. In result, I have to take prompt action to stop these events, which can lead to an unfavorable outcome. Hope you all understand the necessity of this forum. Thanks for your kind co-operation.


I am not sure if you really meant my posting here. But, i got that doubt because your posting is just right after mine. I am sorry if my posting was not related to this topic and let me know, i will be happy to remove my posting. I am a regular visitor of this great portal and i don't want to be a reason for any possible damages to this wonderful forum.

Thanks. :confused:
 
Discontinuance of Multiple Filing of Labor Certifications

USDOL has illegally reversed its long-standing policy overnight thereby disallowing multiple labor certification applications for the same alien. The contemplated changes will inject both chaos and injustice into the entire labor certification process. We have sent a letter protesting this course of action to Elaine L. Chao, Secretary of Labor, advising her and the Department that if they follow through with their intended policy changes we will be forced to file a lawsuit against the USDOL.

http://www.immigration.com/perm/Letter to DOL 08_16_05.pdf

http://www.immigration.com/newsletter1/commmultifiling.html
 
H1 extension

How does this affect 7th year H1 extension? My H1 expires in June'06. My EB-3 RIR was filed in June'04 and I have almost completed the recruitment efforts for PERM EB-2 (for a different position in same company). So if I withdraw my old application, will I still be able to file for H1 extension?
 
ezee said:
How does this affect 7th year H1 extension? My H1 expires in June'06. My EB-3 RIR was filed in June'04 and I have almost completed the recruitment efforts for PERM EB-2 (for a different position in same company). So if I withdraw my old application, will I still be able to file for H1 extension?
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.
 
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