Supervised Recruitment - PERM FAQ 1
USDOL has posted the following FAQ
1. Under what authority can the Department of Labor's Office of Foreign Labor Certification select an employer's application for supervised recruitment?
USDOL has posted the following FAQ
1. Under what authority can the Department of Labor's Office of Foreign Labor Certification select an employer's application for supervised recruitment?
In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant:
USCIS is launching a pilot program in July 2010 that will use Dun & Bradstreet databases to verify business information of employers who submit immigration related petitions. "Verification Instrument for Business Enterprises" (VIBE) is a tool intended to help combat immigration fraud, and to minimize RFE's regarding petitioners' business data and eventually to make submission of routine documentation unnecessary.
I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.
If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.