Lca violation - impact on i485

[mishras]

Hi,

Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.

Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....

[saileshdude]

Mishras,

Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.

That would help people here to help you.

[gcformeornot]

http://immigrationvoice.org/forum/fo...ow-for-us.html (New Blow for us.....)

[mishras]

updated

[mishras]

This is not a joke, we have received this querry, and are seeking some helpful advice.

[wandmaker]

Originally Posted by mishras

This is not a joke, we have received this querry, and are seeking some helpful advice.

If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.

[navyug]

Originally Posted by mishras

Hi,

Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.

Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....

You are faking!!!

Here are the reasons...

1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

So Stop faking!!!

[sameer2730]

Originally Posted by navyug

You are faking!!!

Here are the reasons...

1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

So Stop faking!!!

Thank you sir for finally putting into words what I always suspected. This is shit to attract attention to their site. That was the first place this nonsense came up and just watch how active that thread is . Everywhere else the thread dies quickly.

Other signs these threads are bull. They either give too much info (All tax returns info for the past 10 years) or too little (I got a one line RFE). Secondly look at the id of this guy "Mishras" - How many S Mishra's got this RFE. Where is the effing anonimity. Just a bunch of amateurs trying too hard to make up believe they are authentic.

The other anti's I see here posing as good guys
"GCFORMEORNOT" - Always digging up fear mongering threads to distract from our main goal
"EASTINDIA" - Real first class asshole posing as someone who is a crusader of playing by the rules.
Another reason I feel the above too are rouge is because they change their RED - GREEN status like the markets of 2008. One day they are bright red and the next day they are bright green. Basically they have teamed up each other or maybe other anti's to get the greens just to look authentic.
May those who indulge in this classless activity burn in effing hell.

[gcformeornot]

who think if they close their eyes, their problems will go away....

[saileshdude]

Mishras,

If your case is genuinely true then you should not have a issue scanning the RFE as is and posting it . You can take out your name and personal info but leave everything else intact if you want to. Also did you contact IV members like Pappu if you really need help. If you indeed got this kind of RFE then you should not hesitate to contact them.

[sameer2730]

Originally Posted by gcformeornot

who think if they close their eyes, their problems will go away....

For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.

The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.

You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.

[sameer2730]

Originally Posted by wandmaker

If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.

Thank you for this comment. I wanted to respond with something similar but held back thinking that if even by small chance this guy is real I do not want to upset him. But the fact that he simply did not respond to you speaks volumes of his real intentions.

[gcformeornot]

Originally Posted by sameer2730

For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.

The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.

You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.

Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.

We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.

The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.

Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop

[immigrationmatters30]

Anyone still receiving LCA RFE's Lately? I spoke with one of the Murthy's laweys and was told, they are seeing more of these in H1B and less at 485? Can anyone post their experience with H1B LCA related RFE?