Foreign Legion

[Boiler 45,486]

USCIS are there to process applications, not provide legal guidance, Lawyers do that.

[SusieQQQ 11,586]

19 minutes ago, designguy said:

 

 

Definitely sounds like a scam to me. Could be a 3rd party recruiting agency? Costs aside, the process is so long and emotionally taxing I wouldn't put my eggs in a basket that seems unlikely to pass.

 

 

Reading further, around why legislation exists about payment, the approach this company has engaged in violates the concept of how to go about the PERM process and that is where the main problem lies (it can also be viewed as the applicant buying his application). I agree, it sounds like an agency or something else not entirely genuine which could have problem for all its “successfully sponsored” people down the line.

 

The one thing the legislation is very, very adamant about payment is that the employer must pay the attorney fees, even if the attorney represents both the applicant and the employe.

 

edit... DUH it took me a while to realize - this is the why the company is so adamant it has to be that lawyer. Because others know what they are doing is wrong.

Edited July 8, 2019 by SusieQQQ

[designguy 1,179]

12 minutes ago, SusieQQQ said:

edit... DUH it took me a while to realize - this is the why the company is so adamant it has to be that lawyer. Because others know what they are doing is wrong.

An immigration 3 card Monte!

 

If the company makes it seem like you are a burden for them it should raise all the red flags. The whole process exists to benefit the US company. So you have to ask yourself if you are not a benefit to the US company then what are they doing it for?

Edited July 8, 2019 by designguy

[Henry1 1]

9 hours ago, Boiler said:

The big advantage with the EB3 if you get it is that you can bail and get a job somewhere else commensurate with your skills and at an appropriate salary.

That's what I have also heard

[Henry1 1]

8 hours ago, designguy said:

If you don't feel comfortable discussing the process with your employer I would question the relationship you have with them. I would be EXTREMELY hesitant of any type of situation where you are paying the employer or 3rd party for any immigration services. If the CO gets any hint you are paying someone to sponsor you, your petition will be denied. Do you currently work for the company in some capacity? Or how were you connected to them?

 

The company doesn't have to pay ALL the fee's, they need to cover the all the costs related to the labor certification. I-140 fees can be paid by the beneficiary. Here is an example https://www.bridge.us/blog/should-your-company-bear-immigration-costs

 

 

The I-140 is the Immigrant Petition for an Alien Worker your employer makes to USCIS. Your I-140 has to be approved before your application is sent to NVC and you are able to fill our the DS-260

 

This is kind of a tough one. You are basically asking for them to adjudicate your case prior to making an application which as far as I know they will not do. Thats the whole point of making an application in the first place. I highly doubt someone at USCIS is going to give you advice on whether you should or should not make an application. It will be up to the CO to make a determination if whatever documents you supply are satisfactory. Your best bet is to gather the best evidence and documentation you can and make your case.

 

It's not that I don't feel comfortable discussing the process with the employer. I did discuss the process and I was informed they wouldn't be paying immigration lawyer fees.

From what Susie QQQ posted, it seems employer is required to pay for my perm, and nothing else, so they have done that, I wasn't paying anything until now, I got my perm, and I am required to pay lawyer fees from now on.

Do you think an immigration lawyer would be willing to risk his licence, and maybe even imprisonment, if he/she wasn't sure whatever he was doing was legal?.

It's so easy to report them to authorities, if you notice he is not acting in accordance with law.

Any lawyer would have his bases covered and I'm it is the case with this one.

 

Regarding asking US immigration department questions.

I would only be having one , specific question, I would only want to find out whether providing information I have about my stint in FL, would my application be approved or rejected?

I don't want them to pre aprove my application, only want to find what would be the likely outcome of their assessment.

 

[Henry1 1]

8 hours ago, designguy said:

Do you know any of these people personally who can vouch for this?

 

Definitely sounds like a scam to me. Could be a 3rd party recruiting agency? Costs aside, the process is so long and emotionally taxing I wouldn't put my eggs in a basket that seems unlikely to pass.

 

 

Yes, I do know , personally someone who went through the same process and got his visa

[Henry1 1]

8 hours ago, SusieQQQ said:

Reading further, around why legislation exists about payment, the approach this company has engaged in violates the concept of how to go about the PERM process and that is where the main problem lies (it can also be viewed as the applicant buying his application). I agree, it sounds like an agency or something else not entirely genuine which could have problem for all its “successfully sponsored” people down the line.

 

The one thing the legislation is very, very adamant about payment is that the employer must pay the attorney fees, even if the attorney represents both the applicant and the employe.

 

edit... DUH it took me a while to realize - this is the why the company is so adamant it has to be that lawyer. Because others know what they are doing is wrong.

So, what exactly is that they are doing wrong?

[SusieQQQ 11,586]

2 minutes ago, Henry1 said:

So, what exactly is that they are doing wrong?

They had you in mind before they advertised to get for the perm, from what you said. Read up on it. Violates procedure. 

 

as for your comment about lawyers not doing anything wrong because they might get caught ... lol

 

Anyway, good luck with your process.

 

[SalishSea 17,827]

10 hours ago, Henry1 said:

The best would be if I could email US immigration department directly, ask them my questions, describe my situation, and ask them if there is any point in me filing my application, and spending all that money, because if there is no chance getting approval, then I wouldn't even bother applying and spending all that money, but I could not find anywhere any email address, nor a phone number.

If this was possible, all the B-2 applicants making multiple unsuccessful applications would do the same.  US embassy staff can barely cover their legitimate work loads, let alone frivolous potential visa inquiries.

[Henry1 1]

If I let this perm to expire, as it is valid for 6 months, would I be able to reapply for another term in the future?

 

[designguy 1,179]

5 hours ago, Henry1 said:

If I let this perm to expire, as it is valid for 6 months, would I be able to reapply for another term in the future?

It wouldnt be you letting the perm expire it would be the company and it wouldn't be you reapplying in the future it would be a company. In the EB process you as the beneficiary don't apply for anything until AFTER the I-140 is approved and the case is sent to NVC. 

[Henry1 1]

I might not have been clear enough, so let me rephrase my question.

 

If my current perm would run of date, at the end of 6 months, would any company be having troubles in the future to apply for a new perm for me?

Is there a time period that needs to pass before a new perm could issued for me?

 

Thanks

[designguy 1,179]

5 minutes ago, Henry1 said:

Is there a time period that needs to pass before a new perm could issued for me?

Here is a bit of info

Once an employer requests its application be withdrawn, how soon can the employer file a new application for the same alien beneficiary?

After requesting a withdrawal, an employer may not file a new ETA Form 9089 for the same alien beneficiary until one of the following occurs:

(A) Employer sees, using the online PERM system, that the status of the original case changes from “In Process” to “Withdrawn,” or

(B) Employer receives confirmation (via standard U.S. Mail or e-mail) from the NPC that the ETA Form 9089 currently in process has been withdrawn.

The employer is reminded that an employer may not file a new application merely because the online status changed to “Denied.”

The employer must wait until it receives the Final Determination Form from the National Processing Center stating the reasons for the denial.

This ensures the employer is apprised of all the application’s deficiencies.

https://www.usavisanow.com/perm/perm-faq/withdrawing-a-perm-petition/

 

[Boiler 45,486]

Never heard of such a limitation and can not think why there would be one.

[Henry1 1]

Designguy thank you for that link.

It answers my question.