Must Read: Planning/Looking for Pre-Approved LC (possible scam)

santex24 said:
Hi pr_patil,
Since I am also in a similar situation, I am trying to request all the pages in the approved labor. The company that I am dealing with is not very happy about this. In addition to this, I think you should get it in writing (even an email would be sufficient) that they have not used this preapproved labor before. If you have an attorney who would not charge you an arm and a leg for reviewing the preapproved labor, please run it by him/her.
You may also want to make sure the company has not had any RFEs questioning their ability to pay during the I140 stage.
PS: I have sent you a private message. If you can kindly respond to it, that would be sincerely appreciated. If for some reason you can't view it, please email me at infoboy1977@yahoo.com and I will respond immediately.

Thanks..
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good point santex24. ask them to send you a copy of the letter and entire 750 application. they cannot claim as confidential. it is public data. if they do they are fraud and you can complain to dol.

get in writing or in email that the labor is really available and is not used for some one else and the company is willing to sponsor it to you. if the company is not cooperative then they are fraud.

at any cost do not accept or offer to give any penny for that preapproved labor. if you do then you are committing suicide.
 
saigc,

In one of your previous posts, you say

be aware that a company cannot substitute a labor when the primary benefiaries i140 is approved and as crossed 180days of filing his/her i485 (irrespective of whether that employee is still employed with them or not).

This is the same case with me. A previous employee has left the company using AC21 on Aug 8th. Then my company sent revocation letter on Aug 12th. USCIS is supposed to revoke the I-140, but somehow the ex employee got green card on Aug 30th. My company says "because they sent the revocation letter" before he got green card, they should be able to use it for labor substitution for me. Is this correct? Do you know of any cases where this worked? Or do you know any cases where this was rejected? If so, can you give me the links to those threads if you know? Thanks a lot..
 
To answer your question...this chat is from attorney murthy site

Source : http://www.murthy.com/chatlogs/chat1129.html

Chat User : Attorney Murthy, what are the latest guidelines concerning AC21 I-140 revocation from the USCIS? Is the USCIS (VSC in particular) trying to correct the improper denials like you mentioned in your July 9, 2003 NewsBrief?

Attorney Murthy : If an employer revokes the I-140 petition after the I-140 has been approved and the I-485 is pending for over 180 days, then the person is entitled to obtain the GC approval even if the employer is able to use the underlying LC for another employee. The VSC on its own may do nothing if an improperly trained USCIS examiner has issued a denial, until the attorney or the applicant files a Motion to Reopen / Reconsider or an Appeal to challenge the USCIS decision. On every such case, we have been successful, so far, in obtaining an approval from the USCIS upon filing the Motion or Appeal and bringing the issue to the attention of the USCIS Headquarters to ensure proper training of their examiners.

gkmhan said:
saigc,

In one of your previous posts, you say

be aware that a company cannot substitute a labor when the primary benefiaries i140 is approved and as crossed 180days of filing his/her i485 (irrespective of whether that employee is still employed with them or not).

This is the same case with me. A previous employee has left the company using AC21 on Aug 8th. Then my company sent revocation letter on Aug 12th. USCIS is supposed to revoke the I-140, but somehow the ex employee got green card on Aug 30th. My company says "because they sent the revocation letter" before he got green card, they should be able to use it for labor substitution for me. Is this correct? Do you know of any cases where this worked? Or do you know any cases where this was rejected? If so, can you give me the links to those threads if you know? Thanks a lot..
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DOL is looking out for you !

Guys... Check this out.

Labor Certification Fraud
OIG continues to identify fraud cases that involve corrupt immigration attorneys and labor brokers who file fraudulent labor certification applications with DOL using either a fictitious company name or the name of a real company without its knowledge. They then collect fees up to $20,000 from foreign workers for the certifications. In one OIG case alone, the defendant was convicted of obtaining 2,800 fraudulent labor certification applications. Moreover, the OIG is concerned about the vulnerability of DOL’s foreign labor certification programs to fraud by non-traditional, transnational organized crime groups. In one such case, five members of a Russian organized crime group were sentenced for their roles in a complex scheme using fictitious companies, falsified computer generated visas, and false social security cards to help illegal aliens, some of which are Russian organized crime associates, obtain H1-B visas. OIG also continues to identify the companies advertising of "Pre Approved Labor Available" on Internet & newspapers.

Info from : http://www.oig.dol.gov/doltopchall04.pdf
 
i think this man had bad experience but i refered two people they got their green cards with American SOlutions thru Sudheer. he is a nice guy. They have 650 employees , might be one or two will have problems for that we should not blame the total company
 
doupaty said:
i think this man had bad experience but i refered two people they got their green cards with American SOlutions thru Sudheer. he is a nice guy. They have 650 employees , might be one or two will have problems for that we should not blame the total company
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it is a good company to work with . IT is a big company nearly 650 people . There will be one or two mistakes. I refered two of my friends they dont have any problems . Over all it is a very good company .
 
american solutions - alert !!!

doupaty said:
it is a good company to work with . IT is a big company nearly 650 people . There will be one or two mistakes. I refered two of my friends they dont have any problems . Over all it is a very good company .
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well i know two others that worked with a guy called Harish . they paid about 15 K, and then no response.. They used to have many employees , now they have nothing, just living by selling false labors.

I am sure someone is reporting them t the INS , and hence beware when buying labors from them
 
pre approved labor/ PD retro and Denied rir remanded to non-rir in EDD/SESA from DOL

Hello Everybody,

Can anybody provide me some pointers on how can I benefit from use of PRE APPROVED LABOR with all these new rules of PD retrogress /PERM etc


what is the phone number /email address and other details
How should I go about it..any attorney who can help ?.Thanks

My CASE HISTORY
==================
Check out my timeline...anybody else on this list like me.
If yes what plans you have to tackle this.

Timeline for ur refrence

1. LC Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one and half year + - Jan 2005

Meanwhile I am on my 7th year H1b extension...


There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me but for my particular case.....looks like it is lost hope....

It seems denied RIR cases which were put in non-RIR queue in EDD by DOL is never gonaa make it...CAN WE DO SOMETHING about it.

Non-RIR cases hardly move.

Can anybody suggest what option I have .
Seeking GC has been a very bad experince for me.
They say u can keep extending H1 year by year every year as your labor is pending but this is so big hassle...

- Ajay
 
Yes you might be eligbile for 7th year extension , if your substitue labor priority date is > 365 days.

pr_patil said:
Hi,
I have 6 months left on my H1 visa(expires in July 2005). I have been talking about availability of a pre-approved labor with a company.

My question is, if I join the company now and they apply for I-140 in March 2005, will I be eligible for 7th year extension? (as per new rule I can not apply concurrently for 140/485 now, correct me if I am wrong).

I would appreciate any suggestions..

Thanks in advance.
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pr_patil said:
Hi,
I have 6 months left on my H1 visa(expires in July 2005). I have been talking about availability of a pre-approved labor with a company.

My question is, if I join the company now and they apply for I-140 in March 2005, will I be eligible for 7th year extension? (as per new rule I can not apply concurrently for 140/485 now, correct me if I am wrong).

I would appreciate any suggestions..

Thanks in advance.
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You should seek Attorney's help before you proceed.

Pending GC process beyond 365 days is eligible for extension in 1yr period

Pending LC beyond 365 days eligible for extensions of h1
Pending i-140 beyond 365 days eligible for extensions of h1
Pending i-485 beyond 365 days approved I-140 eligible for 3yrs.
These stages can be combined also.

Check yourselves where you fall in this catagory.

Alternative example is if any appln is pending from a different employer also can be used for extension with new company.
 
ADEA Company about substitute Labor

Anybody processed your GC using substitute labor from this company. Please post any experiences.

thank you
 
knowDOL said:
Anybody processed your GC using substitute labor from this company. Please post any experiences.

thank you
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It is an excellent company..I worked for them in the past.
 
Hi
I have a project with me and am looking for a labor substitution. I have a masters degree from US. Please let me know if any company would like to work with me .
Thanks
 
job title for labor certification

1) Can a company use an approved labor certificate for another employee if he/she happen to have a diffferent job duties/job title than the person for which they got the labor approved? my guess is not!

2) But not can they just pretend that the new employee has the same job duties and job title as the approved labor?

3) How will INS find out anyways?

Thanks in advance.
 
MohitFL said:
If any one is looking to file Green Card with a genuine, reliable, very supportive and one of the fastest growing company with many branches then mail me at mohitFL@hotmail.com
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mohitFL, How desperate you are to find a victim??


I think I talked to this guy once,
this cheap person called me and gave me his number and use my long distance phone to call back to him.
he was saying he is 8a certified company, I don't think he had any idea about it.(my contract requires 8a certified company).
Thank god I didn't talk to them after that.

They will say anything to get money from you.

I think users like mohitFL should be banned and their post should be deleted.
 
I have a silly question.
A labor has been approved under EB2 category for a candidate1. Candidate1 and Candidate2 both work for the same company.
1)can candidate2 use it as a substitute labor (approved labor) if both are having exactly same skills set?
2)If so is the pre-approved labor be considered in EB3/EB2 category?
 
root said:
Hi guys,

Does any one know a single case where INS/CIS questioned the employer's office or future job location if the LC was applied from branch office (Virtual Office) ? I know there were issues with Virtual Office/Forum Shopping in Philly and Delaware, but that was DOL investigating employers. I haven't come across a single case where CIS has questioned the Virtual Office/Forum shopping.
===> labor is specific to a job in particular location. its under dol control to determine its validity. uscis has nothing to do with it. uscis goes by the labor. if dol finds anything fraud then they notify attorney general and uscis about the company to ensure they are debarred for certain number of years.

I am in this situation. My company applied for LC (EB2) from ND (using a Virtual office) and got approved, and we are thinking of applying for I-140 and I-485 with this approved LC.

Anybody here who got his I-140 approved from a Virtual office. Please share. AFAIK, CIS only checks for ability to pay and employee's educational and work experience qualification and if that is ok, they usually approve the case.
===> there are numerous people benefitted and affected by virtual office scam. but the fact is how long the benefitted person is going to enjoy. only god knows. if uscis or dol finds the fraud then uscis has the discretionary power to revoke the gc. per the us laws greencard is only the prevledge and not the rights.
Also, can we change the Job Location using AC21 after 6 months of pending I-485 ?
yes provided i140 is approved
Please share if any one has any info regarding this and Please no flames !!

Just so you all know, this is my last year on H1-B and 3rd GC attempt ( got laid off twice after LC was approved) :mad:

Thanks in advance.
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