LC Denied

S

sellapsx

Registered Users (C)
Hi All,
My Employer filed LC in State A. My Employer is headquatered in state B. I'm working in state c.
After one yer my employer says that your LC is got denied because due to new law , if i'm filing LC in State B i have to work in state B. I dont under stand what is going on . any lights appreciated
 
Originally posted by sellapsx
Hi All,
My Employer filed LC in State A. My Employer is headquatered in state B. I'm working in state c.
After one yer my employer says that your LC is got denied because due to new law , if i'm filing LC in State B i have to work in state B. I dont under stand what is going on . any lights appreciated
Click to expand...

Hi there,

I live and work in Maryland and my company's headquarters is in Florida. My lawyer filed my LC from Virginia (6 months faster than Maryland) becuase our company also has a Northern Virginia office. My lawer said that there is no need for me to worry because, LC is for a particular geographic region and that it can be logically argued that the LC should be valid whether I work in Northern Virginia or in my current office in Maryland since both offices are just 35 miles apart and that they are in the same geographic area namely the Metro DC area....My RIR advertisements were placed in The Washington Post newspaper which has the largest circulation in the area.

Gurus, please let me know whether I will really be fine with this kind of LC filing. After reading this post, it makes me wonder whether my LC would be denied because I filed from our company's Northern VA office although I currently live and work in MD.

Thanks.
 
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Keep your time, estimate reagarding "Legal Status". It should not expire before 365 days. Lawyers does not work on Contingency Plans. Discuss your concerns prior to proceed.
My own experience.
 
i am in same boat

hi
same with me I am working in state A and my company's HQ in state B and LC filled from state B
plz help any problem in future?:confused:
 
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Re: i am in same boat

Originally posted by vipinia
hi
same with me I am working in state A and my company's HQ in state B and LC filled from state B
plz help any problem in future?:confused:
Click to expand...

As long as your employer has substantial presence in the state, there shouldn't any problem. Labor certifiacation filling is for future job, your employer will need to prove that the job offerered is in State B.

You can continue to work in state A after getting GC, if your labor certification says job location - 'State B and various unanticipitate location throughout US'

--------
Just based on my experience, gained from various immigration forums
 
Kohinoor,
What exactly do you mean by "substantial" presence? Please elaborate.

When my lawyer filed my LC, he told me that I need not worry because both offices fall in the same MSA (Metropolitan Statistical Area) namely DC-MD-VA area. Check this following link for definition of MSA.

http://www.whitehouse.gov/omb/bulletins/fy04/b04-03_appendix.pdf

Also, check the following piece of information:

03/17/2004: Changes in Definition and Covered Areas of Metropolitan Statistical Area

In employment-based immigration proceedings, the definition of MSA or PMSA is very important, particularly as related to the prevailing wage determination for the labor certification application and definition of "material change" in H-visa classification proceedings under the immigration regulations. Without much publicity, the OMB made some changes in the definition of MSA, PMSA, and CMSA in December 2003. Employment-based immigration practitioners should keep this new definition in their library. This is a long file and people should keep patience either to open and download it. Here we go.

Source: http://www.immigration-law.com
Click on "Breaking News". Then scroll down to check news from 03-17-2004
 
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Re: i am in same boat

Originally posted by vipinia
hi
same with me I am working in state A and my company's HQ in state B and LC filled from state B
plz help any problem in future?:confused:
Click to expand...

Vipinia,
Can you please mention the names of states A, B and C respectively? Thanks.
 
Originally posted by sellapsx
Hi All,
My Employer filed LC in State A. My Employer is headquatered in state B. I'm working in state c.
After one yer my employer says that your LC is got denied because due to new law , if i'm filing LC in State B i have to work in state B. I dont under stand what is going on . any lights appreciated
Click to expand...

Can you please mention names of States A, B and C? Thank you.
 
hi mvinays

hi mvinays
my labor filled from OH and I am working in PA
Plz advice any problem in future?

:confused:
 
Originally posted by mvinays
Kohinoor,
What exactly do you mean by "substantial" presence? Please elaborate.

When my lawyer filed my LC, he told me that I need not worry because both offices fall in the same MSA (Metropolitan Statistical Area) namely DC-MD-VA area. Check this following link for definition of MSA.

http://www.whitehouse.gov/omb/bulletins/fy04/b04-03_appendix.pdf

Also, check the following piece of information:

03/17/2004: Changes in Definition and Covered Areas of Metropolitan Statistical Area

In employment-based immigration proceedings, the definition of MSA or PMSA is very important, particularly as related to the prevailing wage determination for the labor certification application and definition of "material change" in H-visa classification proceedings under the immigration regulations. Without much publicity, the OMB made some changes in the definition of MSA, PMSA, and CMSA in December 2003. Employment-based immigration practitioners should keep this new definition in their library. This is a long file and people should keep patience either to open and download it. Here we go.

Source: http://www.immigration-law.com
Click on "Breaking News". Then scroll down to check news from 03-17-2004
Click to expand...

I have gone through this same experience recently, although my case is pending but there is little to no hope. Attorney has asked us to withdraw these cases.
DOL has issued NOF on Feb 6th and a response was due on Mar 11th, we have got 35 days extension to reply, But my employer has preety much given up.

Compant HQ in state A, currently working in State B, LC filed from state C. Company has a two room office in state C, but no one really works actively there(No real office setup).

I don't know details of NOF, based on what I have heard from different sources.
1. Last three years of tax filling from state C
2. Number of Employee working in State C
3. Number of H1B(LCA) filed from State C
4. Number of payroll running from State C.
5. Number of LC filed ....
there are 10 such questions, and the final decision on whether to consider employer as genuin employer in state is up to certifying officer now.

As attorney(a reputated one) has repeatedly asked us to withdraw cases and file it again from HQ.

If there is not significant time difference, it is safe to go with HQ state filling.

My 2 cents.
 
Re: hi mvinays

Originally posted by vipinia
hi mvinays
my labor filled from OH and I am working in PA
Plz advice any problem in future?

:confused:
Click to expand...

vipinia,
LC is for a future job. You should be fine as long as there is a legitimate office in OH. If you have a bogus office in OH, then you may get into trouble with Philly DOL.
 
Originally posted by mvinays
Kohinoor,
What exactly do you mean by "substantial" presence? Please elaborate.
Sooner or later, the subject matter will undergo detail definition. Although, it was acceptable in the past or may be in the present at an extent. But now DOL notice on this issue and will check it thoroughly. Appropriate "Resources.." are required to justify presence. And "Appropriate" definition would be necessary to debate on, in future. Big companies need not to worry about, but small consulting companies, like mine, won't be abale to get these kind of benefits. Those employers/attornies think that they CAN NOT justify will draw back. Now the question is that, all those already who got LCs and misused the system, what going to happen with them? We will watch when come.
I would strongly suggest, as a freind, we should be a part of fair practice NOt misrepresentation. Slow steady and wins the race.

When my lawyer filed my LC, he told me that I need not worry because both offices fall in the same MSA (Metropolitan Statistical Area) namely DC-MD-VA area. Check this following link for definition of MSA.
Your company could have "substantial" presence in the area/location.
http://www.whitehouse.gov/omb/bulletins/fy04/b04-03_appendix.pdf

Also, check the following piece of information:

03/17/2004: Changes in Definition and Covered Areas of Metropolitan Statistical Area

In employment-based immigration proceedings, the definition of MSA or PMSA is very important, particularly as related to the prevailing wage determination for the labor certification application and definition of "material change" in H-visa classification proceedings under the immigration regulations. Without much publicity, the OMB made some changes in the definition of MSA, PMSA, and CMSA in December 2003. Employment-based immigration practitioners should keep this new definition in their library. This is a long file and people should keep patience either to open and download it. Here we go.

Source: http://www.immigration-law.com
Click on "Breaking News". Then scroll down to check news from 03-17-2004
Click to expand...
 
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