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  #1 (permalink)  
Old 08-08-2009, 10:30 AM
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Default H1B Visa Lawyer about iCERT world - LCA Denied Because DOL Couldn't Verify the FEIN n

These are fun and hot summer days for us Immigration lawyers filing H1B cases. As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system

In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEIN
The solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.




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  #2 (permalink)  
Old 08-10-2009, 07:43 PM
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meet_rayhan is on a distinguished road
Default Contact info for DOL?

Hi,

I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.

My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.

Thanks,
Rayhan Khan
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Old 08-17-2009, 10:29 PM
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kangaroo70 is on a distinguished road
Default

meet_rayhan:

how long did it take for you to get denial reason from DOL? my lawyer got notice today, but they don't know reason for denial yet.
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Old 09-07-2009, 05:03 AM
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retso is on a distinguished road
Exclamation same here

My lawyer had applied on August 25th for the LCA. We got to know on September 3rd that there was an issue with the FEIN. We emailed the required documents to DOL on September 4th.
My H1 expires on September 30th and consequently my I94 on October 10th, so i'm a bit concerened.
I will post an update when I hear something from DOL.

Just want to confirm that I have till October 10th to get my petition to USCIS. Anyone?
Also, do i have to leave the country by October 10th if I can't get the LCA issue fixed/ petition mailed?
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  #5 (permalink)  
Old 09-07-2009, 06:29 AM
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mhtanim will become famous soon enough
Default Joke!

What a joke! Their system does not work so we will have to pay the price!
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Old 10-02-2009, 03:25 PM
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Rav! is on a distinguished road
Default H1 Expiring soon.....No LCA Approval

Hello all,

I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).

LC and I140 have been approved...so wanted to apply for a 3 yr extension.

My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1

Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.

As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??

Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.

Can a LCA be reused? Is it a valid/legal thing to do?

Any and all help in obtaining an answer for the above questions is really appreciated.

Thanks.
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  #7 (permalink)  
Old 03-15-2011, 02:15 PM
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Angry Urgent Question

My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.
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Last edited by GreenCard4US; 03-15-2011 at 02:23 PM.
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  #8 (permalink)  
Old 03-16-2011, 11:39 AM
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Quote:
Originally Posted by GreenCard4US View Post
My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.
pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.
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Old 03-29-2016, 06:14 AM
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Uday Kiran is on a distinguished road
Default LCA Denied- what to do for processing my H1B visa further

Hi all,

This is Uday.

My LCA was in denied status, Can my employer can process my visa further ? As i applied for H1B cycle 2017.

Currently date is 29th March,2016- Any chance for my fate ??

Regards
Uday
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