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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logiclife
02-01 12:29 AM
Everyone:
There has been enough discussion on this topic.
UnitedNations (Nadeem) is welcome to post on these forums and we would all be grateful if he can answer some questions related to 140 filing and other issues that he has expertise in.
However, there is no point in trying to prove to other people who do not know him as to whether or not he can contribute in any way, and how much. What is the point of that exercise?
Unitednations:
You are welcome here. However there is no point in this thread that debates your potential value.
Your help to members here is welcome and the community would be thankful to you for your contribution.
There has been enough discussion on this topic.
UnitedNations (Nadeem) is welcome to post on these forums and we would all be grateful if he can answer some questions related to 140 filing and other issues that he has expertise in.
However, there is no point in trying to prove to other people who do not know him as to whether or not he can contribute in any way, and how much. What is the point of that exercise?
Unitednations:
You are welcome here. However there is no point in this thread that debates your potential value.
Your help to members here is welcome and the community would be thankful to you for your contribution.
go_guy123
09-14 03:34 PM
Obviously this is illegal you should report to DOL ...read the posting in this forum it has been
discussed at lenth. WH-4 cmplaint letter etc.
discussed at lenth. WH-4 cmplaint letter etc.
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nareshg
10-05 01:11 AM
Hi,
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
When I spoke to my lawyer 2 weeks back or so they said that it at times takes 1 month to get the RFE by mail....sounds strange I got my EAD a week or so after the status changes online....to approved..
I have to ask them again as to what is happening, have not heard back from them....
my current status as of 10/4/2007 says...
Current Status: We mailed you a notice requesting additional evidence.
On August 29, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Hoping that as it is 140 it is something to do with the company and the lawyers will take care of it, hopefully it is not to do something with my case individually....
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
When I spoke to my lawyer 2 weeks back or so they said that it at times takes 1 month to get the RFE by mail....sounds strange I got my EAD a week or so after the status changes online....to approved..
I have to ask them again as to what is happening, have not heard back from them....
my current status as of 10/4/2007 says...
Current Status: We mailed you a notice requesting additional evidence.
On August 29, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Hoping that as it is 140 it is something to do with the company and the lawyers will take care of it, hopefully it is not to do something with my case individually....
more...
pbuckeye
03-30 07:10 PM
How about your client directly sending the agreement to the consulate .
I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)
And folks - try to shed the negativity and keep the thread on topic
I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)
And folks - try to shed the negativity and keep the thread on topic
sk2006
07-14 10:48 PM
Thanks for the quick response...
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
more...
mheggade
05-22 11:36 AM
All,
so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.
On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.
Cheer up.
so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.
On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.
Cheer up.
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kirupa
01-06 12:57 PM
"Conflict of Interest" is my middle name...s.
:P
:P
more...
fatjoe
09-02 10:57 PM
Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.
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arihant
10-26 11:52 AM
I got approval of H1 extension applied on Aug. 06...
Was this premium or regular processing?
Was this premium or regular processing?
more...
sobers
06-07 06:13 PM
About a week back (see my first post in this thread), I said if FAIR lobbyist Brian Bilbray wins the special election in Calif. it will galvanize the anti-immigration sources. This really was a bellweather election and the folks in the 50th district made their choice: a restrictionist lobbyist over a liberal non-lobbyist who favored the Senate immig plan. Whatever the dynamics of the race or the constituency, this is what it boils down to.
http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html
Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200
Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.
What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.
http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html
Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200
Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.
What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.
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dngoyal
07-27 05:10 PM
hello rolrblade
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
more...
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gcsucks
06-01 02:37 PM
I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!But it does increase the GC quota which will substantially hasten the process
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jonty_11
11-06 12:29 PM
I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
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Rockford
07-17 02:19 PM
can you provide the link to that blog? I cannot find it.
http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
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walking_dude
01-30 12:24 PM
Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
more...
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aj_jadeja
09-13 11:26 PM
now days there is a SEPRATE quota for RETURNING WORKERS in Us consulte for renewing stamp. I used it 6 months ago. I Went to VFS on 23rd Nov 2005 and got appt for 30th Nov for stamping @ mumbai consultate. Got stamped and collected passport same evening in person.
hope this helps .
hope this helps .
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Nil
11-09 01:58 PM
Done!
I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.
Thank You for filling in and for your suggestion.
Have you filled some details in the section of "Any other way you have contributed to the American Economy / Community." in the survey?
I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.
Thank You for filling in and for your suggestion.
Have you filled some details in the section of "Any other way you have contributed to the American Economy / Community." in the survey?
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akhilmahajan
11-14 09:01 PM
^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^
vin13
09-30 10:34 AM
I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.
Is ur case in NSC too.
Is ur case in NSC too.
hpandey
01-21 11:37 AM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
Has it anything to do with immigration??
It will only start a fight between members on parenting style.. and a bitter fight at that.
If u like the article you are free to raise your children like that.
Read this to know what your children will think of you when they grow up ...
http://www.cnn.com/2011/OPINION/01/20/lac.su.tiger.mother.scars/index.html?iref=allsearch
What do you think?
Has it anything to do with immigration??
It will only start a fight between members on parenting style.. and a bitter fight at that.
If u like the article you are free to raise your children like that.
Read this to know what your children will think of you when they grow up ...
http://www.cnn.com/2011/OPINION/01/20/lac.su.tiger.mother.scars/index.html?iref=allsearch
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