cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
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frostrated
08-05 04:01 PM
I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.
immi2006
05-04 09:48 AM
Yesterday AC 360 interviewed Senator Corny, and others including Laura Bush, all of them mentioned how upset they were to see Mex Flags, Spanish version of national anthem, and more importantly, disrespecting US laws and waving foreign flag.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
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vactorboy29
11-27 09:19 AM
I had very very bad experience in Mumbai. I had lost my all documents except passport .Keep ur Documents all the time with you no matter what situation would be. Look for good safe hotel don�t go after chip hotel. One more thing keep all your valuables in secured place.
At consulate experience was pleasant.
At consulate experience was pleasant.
more...
gimmemygreen
12-27 07:47 AM
Now the new price for GC is 100 grand
Maverick1
05-14 01:53 PM
Point taken.
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
New_phd , Just take it easy.
Hope you continue to visit this. :) :)
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
New_phd , Just take it easy.
Hope you continue to visit this. :) :)
more...
ARUNRAMANATHAN
06-11 03:05 PM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
3 year H1 extension from date of application (for example: June 2007 to June 2010).
If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.
--------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
3 year H1 extension from date of application (for example: June 2007 to June 2010).
If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.
--------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
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hpandey
06-12 10:19 AM
Hi Mr. Singh,
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
more...
hopefulgc
08-13 01:09 PM
after rolling out the sept visa ... rao saab aaram kar rahe hain...
kindly not "DISTUB"
:D:D:D
(translation : __mr rao is resting__)
Yea...expect to have Vldrao back after the visa bulletin is out.
Where is mr. rao?
kindly not "DISTUB"
:D:D:D
(translation : __mr rao is resting__)
Yea...expect to have Vldrao back after the visa bulletin is out.
Where is mr. rao?
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Ann Ruben
01-24 05:18 PM
Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
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gcdreamer05
08-04 11:50 AM
Does your new I-140 have the old PD printed on it ?
If so you are better filing a new I-485.... and withdraw the old 485, as several threads have explained not to have two 485's running parallel because USCIS itself will ask the user to revoke one...
Please do let us know what happened after you know the information from M team.
She would recommend you to file another 485
If so you are better filing a new I-485.... and withdraw the old 485, as several threads have explained not to have two 485's running parallel because USCIS itself will ask the user to revoke one...
Please do let us know what happened after you know the information from M team.
She would recommend you to file another 485
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hianupam
04-26 08:17 AM
I'll. I am big foodie (from all places)...
We moved from Allentown, PA to Houston in 2008. As some of the other IVers have alluded, Houston is a BIG city (if you include the burbs that is). Most of the major roads are backed up during peak traffic hours and typical commute time start to be measured in hours.
Finding a place to live in Houston (read buying a house) can be a tough decision when you have so many choice. Things can be complicated if your spouse works and you have school going kids.
Some terms you will hear when you talk about location in houston:
1. Inside the Loop (610) which is the ring road that encircles downtown houston and the medical center. If you are not in the energy corridor, you are most likely to work within the loop. However finding a place to live within the loop can be challenging (that is if you are looking for a house in the sub 1 mil category). Good neighborhoods within the loop are riveroaks, memorial. There are some decent neighborhoods in the medical center montrose area but the schools (publlic schools) may not be to your liking.
When we moved, we initially rented near the medical center (a highrise called mosaic, opposite herman park) and put our daughter in a daycare called Creme De La Creme in downtown.
2. Inside the Beltway (8) which is the outer ring road that encircles houston. You have to be really careful if you choose to live in the area between 610 and 8 as there are some very shady areas. West (along I 10) is mostly fine.
3. Outside the beltway is where you have most of your master planned communites (read burbs). Down south (along 59) you have sugarland. West (along 10) you have Katy (and most of the energy companies). Northwest (along 290) you have Lakewood, Tomball (along 249), spring cypress etc. North (along 45) you have woodlands northeast (along 59 north) you have spring, kingwood and east (again along 45 east) is League City (read NASA).
The main things to consider are (at least I did when I bought a house)
1. Safety : There are some very shady parts of town.
2. School District (ISD)
3. Commute : Both current and future (if you were to change your place of employment). Say now you work downtown and chose to live in sugarland and a year later you found yourself a Job in the woodlands, you will have to move or deal with a 2 hour 1 way commute !
4. Availability of public transport: Which in most cases is non existent in Houston. But they do have a good commuter bus system from several places in the burbs if you work downtown. Lots of employers that have offices downtown will subsidize this. This can be a decent chunk of change as parking downtown will typically run you about $200/month.
These are the salient points that I could think of.
Let me know if you have more questions. PM me if you guys are visting Houston in the near future.
We moved from Allentown, PA to Houston in 2008. As some of the other IVers have alluded, Houston is a BIG city (if you include the burbs that is). Most of the major roads are backed up during peak traffic hours and typical commute time start to be measured in hours.
Finding a place to live in Houston (read buying a house) can be a tough decision when you have so many choice. Things can be complicated if your spouse works and you have school going kids.
Some terms you will hear when you talk about location in houston:
1. Inside the Loop (610) which is the ring road that encircles downtown houston and the medical center. If you are not in the energy corridor, you are most likely to work within the loop. However finding a place to live within the loop can be challenging (that is if you are looking for a house in the sub 1 mil category). Good neighborhoods within the loop are riveroaks, memorial. There are some decent neighborhoods in the medical center montrose area but the schools (publlic schools) may not be to your liking.
When we moved, we initially rented near the medical center (a highrise called mosaic, opposite herman park) and put our daughter in a daycare called Creme De La Creme in downtown.
2. Inside the Beltway (8) which is the outer ring road that encircles houston. You have to be really careful if you choose to live in the area between 610 and 8 as there are some very shady areas. West (along I 10) is mostly fine.
3. Outside the beltway is where you have most of your master planned communites (read burbs). Down south (along 59) you have sugarland. West (along 10) you have Katy (and most of the energy companies). Northwest (along 290) you have Lakewood, Tomball (along 249), spring cypress etc. North (along 45) you have woodlands northeast (along 59 north) you have spring, kingwood and east (again along 45 east) is League City (read NASA).
The main things to consider are (at least I did when I bought a house)
1. Safety : There are some very shady parts of town.
2. School District (ISD)
3. Commute : Both current and future (if you were to change your place of employment). Say now you work downtown and chose to live in sugarland and a year later you found yourself a Job in the woodlands, you will have to move or deal with a 2 hour 1 way commute !
4. Availability of public transport: Which in most cases is non existent in Houston. But they do have a good commuter bus system from several places in the burbs if you work downtown. Lots of employers that have offices downtown will subsidize this. This can be a decent chunk of change as parking downtown will typically run you about $200/month.
These are the salient points that I could think of.
Let me know if you have more questions. PM me if you guys are visting Houston in the near future.
more...
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harishgowda
05-19 08:08 AM
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
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txh1b
04-20 10:56 AM
In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.
That is not true. There is no default assumption and call center folks have no knowledge about things.
I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.
That is not true. There is no default assumption and call center folks have no knowledge about things.
I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.
more...
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IfYouSeekAmy
01-11 03:43 PM
I disagree. DV may not have relevance to you but to a person who does not have an advance degree but still would like to come here to live,work and have a better standard of life it is still VERY relevant. Remember that this country was built by IMMIGRANTS not neccessarily by immigrants with advanced degrees.
NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.
NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.
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sorcerer666
03-31 04:17 PM
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!
more...
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BharatPremi
10-24 01:33 PM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.
What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.
Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.
What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.
Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.
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arihant
10-26 09:37 AM
I am not referring to the receipt notice. I am talking about the actual approval notice. I need to know this so that I can plan for Visa appointments.
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desi3933
02-01 07:58 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.
Contrary to popular myth, it is ok to file I-485 on F1 visa status.
if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?
Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.
Contrary to popular myth, it is ok to file I-485 on F1 visa status.
if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?
Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
hoolahoous
03-18 11:20 PM
if H1b withdrawal is mandated then why do most of the employer's do not do it ?
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
pappu
10-18 10:16 AM
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
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