Very very important....HELP

M

msomani

Registered Users (C)
Guys,

A friend of mine is working for a company based in NJ. Last saturday the company brought a office in New Hampshire and moved some office furniture, phone, fax etc etc to the new office. They are planning to keep a permanent employee there. They have also received work authorization from New Hampshire.

Questions:-
a) Can my friend file his labour from New Hampshire
b) WIll this create any problem since the company has been opened just 4 days back and to be frank its opened solely with the purpose of getting fast Labour Clearance.

Gurus please reply

MSomani
 
Originally posted by msomani
Guys,

A friend of mine is working for a company based in NJ. Last saturday the company brought a office in New Hampshire and moved some office furniture, phone, fax etc etc to the new office. They are planning to keep a permanent employee there. They have also received work authorization from New Hampshire.

Questions:-
a) Can my friend file his labour from New Hampshire
b) WIll this create any problem since the company has been opened just 4 days back and to be frank its opened solely with the purpose of getting fast Labour Clearance.

Gurus please reply

MSomani
Click to expand...
The company has to prove "Reasonable Presence", tax and revenue wise.
Moonlight for Four Days, Then Black Night.
 
So can a company not file a labour application from a place where it has just opened a new branch. The companies branch is NJ is doing very good (revenue wise)..


Any suggestions
msomani
 
Originally posted by msomani
So can a company not file a labour application from a place where it has just opened a new branch. The companies branch is NJ is doing very good (revenue wise)..


Any suggestions
msomani
Click to expand...
In my view, if the company can show/provide/submit evidences then there shouldn't be any problem.
For the local jobs, local ads and posting will be required. In months, it could be achieved.
 
Hi,

I am also in the same scenario as your friend. We spoke to the company's lawyer & he claims this can be done provided the company shows proof/records of its existence in NH. But I am not sure what is the extent of proof required...(as to company's tax payments to the state etc). I am trying to get more information on this. Will keep u posted if I have any more updates.

Do give an update, if u get any clarifications from ur side...


Thanks !
 
You need to proof that there is a legitimate business presence in the SESA/state you are planning to file the LC. Taxes from the state and financial papers helps; but are not the qualifying or mandatory documents.

Local business contacts, clients in the state, current contracts/projects, presence of office/staff in the state; are proof one can submit. But only when asked by DOL to show.
 
Thanks for your reply & I appreciate your time & inputs.

1. My company is head quartered in NJ & has good business operations in NJ. NH branch office was opened 2 weeks back. Currently the company doesn't have any major business clients/contacts in NH.

2. There are no contract/projects in NH state at this time as we are new company in the state. It might come soon..

3. Currently, the company has one staff member to look after the NH operations. Does DOL look for details like number of employees/staff seated in NH office? Will I be okay as the company currently has one staff member at this time ?

4. Do u know if there are any specific criteria of DOL on the requirements of office setup?

With the above points being my status, will I be okay to start the Labor Certification in NH ? Can u pls respond with respect to the individual items listed above.

Thanks Again !
 
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