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Frequently Asked Questions

What happens to my Labor Certification case if my Employer-Petitioner goes out of business?

Immigration Library: Labor Certification
You may leave the U.S. during the Labor Certification process. However, it may take a long time to obtain permanent residency status. (The Labor Certification is the first step in obtaining permanent residency status based on an employment based petition). Once you file an immigrant petition, it will be difficult to apply for a non-immigrant visa or be able to have your status as a non-immigrant extended. You may have difficulty re-entering the U.S.
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Who is the petitioner in a Labor Certification?

Immigration Library: Labor Certification
The employer is the petitioner in a Labor Certification and files the application on the alien's behalf. Yes. A profitable company is not a requirement to file a Labor Certification application. The petitioning Company is only required to show that it is able to pay the offered salary to the alien.
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What happens to my pension if I quit my job, am fired, or if my employer goes out of business?

Wage & Hour
Most private pension plans are covered by the federal Employee Retirement Income Security Act (ERISA), not by state law. The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor is responsible for regulations in this area. Call (617) 569-9600 or visit the EBSA website at http://www.dol.gov/ebsa.
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What are the employer requirements for a Labor Certification application?

Immigration Library: Labor Certification
Lawrence decides to form his own company, Company Z in order to obtain a Green Card via an employer based immigration petition. Lawrence's company, Company Z, files a Labor Certification on his behalf. The Labor Certification will most likely be denied since the Department of Labor will question whether it is a bonafide or good faith job offer. Susan's employer, Company D files a Labor Certification on her behalf. Her current salary does not meet minimum prevailing wage requirements.
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When may the employer file the Labor Certification application for me?

Immigration Library: Labor Certification
In most instances, filing a Labor Certification in addition to another petition does not pose any conflicts and is permitted. Joon is a beneficiary of a pending family-based immigration petition. Joon may have his prospective employer, Company U file a Labor Certification on his behalf which may increase his chances for approval. Ann has filed an employment based immigration petition through a National Interest Waiver (self-petition).
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What happens if my labor goes on for days?

South Coast Midwifery and Women's Health Care Orange County'...
Herbs help to decrease the time of labor, but pre-labor might last days! As long as mother and baby are doing well, there is no need to intervene. We encourage you to continue to eat, drink, and rest for the long haul. Women who aren't able to do these things often become dehydrated and exhausted, which increases the possibility for unwanted interventions or transfer to hospital.
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What happens if my case goes before the Judge?

Tuscarawas County, Ohio - Child Support Enforcement Agency
The Judgment Entry is the final step at the local level. If you still disagree, you must pursue any objection by appealing to the Fifth District Court of Appeals.
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What happens once a case goes to court?

Devon and Cornwall Criminal Justice Board
Summary offences, where the defendant is not entitled to a trial by jury. These offences include motoring offences and minor assaults. Either-way offences, where the defendant can be tried either at the Magistrates’ Court or the Crown Court. Such offences include theft and handling stolen goods. Indictable-only offences, such as murder, manslaughter, rape and robbery, which must be heard in the Crown Court.
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Can the employer use the labor certification again, say if I resign am terminated?

SysMind IT Enabled Financial Services
Yes. If the employee ceases to be with the company due to any reason, the employer may reuse the permit for another employee. DELAWARE: SYSMIND - 3422 Old Capitol Trail Suite1296 Wilmington,DE-19808 Phone: (302) 994.6638 Fax: (302) 996.5818 NEW JERSEY: SYSMIND - 38 Washington Road Princeton Junction,NJ-08550 Phone: (609) 897.9670 Fax: (609) 897.9676
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Can my employer fire me after they have filed a RIR Labor Certification on my behalf?

Immigration Library : Reduction in Recruitment (RIR)
Yes. The employer/petitioner is not required to employ the alien and may terminate the alien's job at any time without any liability. It depends. If those who have been laid off are in a different line of work or profession than your RIR request, the RIR Labor Certification application will generally not be affected.
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Can an employer and/or their agent withdraw an H-2A Labor Certification Application?

Foreign Labor Certification, Version 2.0
Yes, as long as the employer and/or their agent send a written request to the appropriate DOL regional office to withdraw the case.
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Can we file Labor Certification for future employer under PERM?

Immigration.com-PERM Query Answered here
If some one files the case using PERM process, will she/he be getting the I140 and I485 quicker than the existing time, or will it be the same. Incase of same, that means, there will be huge backlog for cases after Labor is done. Because the DOL will be processing and approving the LABOR cases on monthly basis and the next two steps (I140 and I485)will not be on the same speed.
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Can the labor certification obtained in my name, be used by the employer for other employee instead?

SysMind IT Enabled Financial Services
Yes. The company has all rights to change the employee that it was originally filed for. The labor certification is about a job, it does not "belong" to anyone except the company
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Do I have to work for the employer when it files the Labor Certification through RIR process?

Immigration Library : Reduction in Recruitment (RIR)
No. You do NOT need to work for your employer during the RIR Labor Certification process. The RIR is filed for prospective or future employment.
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What happens if Solomon goes out of business?

Solomon Institute Corporation - FAQ
Solomon's Computer Filing Cabinet "source" software is escrowed with DSI in Atlanta. If you would like to be added to that notification list the cost is $100 per year. Otherwise, we will give you the name of some customers that have subscribed to this service. Any company can quit regardless of size, but we believe we have protected all of our customers by designing the system with industry standard TIFF & JPEG images and the open Microsoft SQL2000 database. Besides we don't quit easily.
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What happens if my supplier goes out of business?

Frequently Asked Questions at UKenergy.co.uk
ofgem will find you a new one until you choose another. This did happen with Independent Energy whose domestic customer accounts were purchased by npower. Customers supplies were not affected. TOP
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What happens if ourtopsites.com goes out of business?

OurTopSites.com Downline Builder
While we anticipate a long life for ourtopsites.com, if there comes a time when it is necessary to change or close our business completely, we promise to give you as much notice as is humanly possible. We will also do everything we can to payout all outstanding balances and refund recently upgraded memberships (4 months) should that occur. Be assured, we have a "safety net" that ensures that we always have enough funds to at the very least refund all current upgrades.
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What is Labor Certification?

SysMind IT Enabled Financial Services
The labor certification is filed by the employer before filing the application for the visa. It is an authorization to an employer that permits the immigration of a foreign worker. The labor certification is concerning the employer's offered wage and working conditions and a prospective employee is not involved at all. Labor certification cannot be transferred to another company
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Immigration Library: Labor Certification
A Labor Certification is a document issued by the Department of Labor that allows the employer-petitioner to file an employment-based immigration petition on behalf of the alien. It is the first step in most employment-based immigration cases.
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What is the responsibility of a petitioner?

individual who files a petition must truthfully describe in writing the behavior that they witnessed in the past 30 days that supports their belief that an individual is a clear and present danger to herself/himself or others. The petitioner may be asked to attend a hearing to testify about the information that they gave about the individual's behavior. The petition may lead to a psychiatric examination if the Delegate feels that one is needed.
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What happens if I can't do my labor?

Laurel House Frequently Asked Questions (FAQ)
If you are unable to do your labor for whatever reason, you will need to make arrangements to have your labor covered by another member of the co-op (or in rare cases make alternative arrangements with the labor czar(ina)). Members who miss their labor in all or in part are given "no-shows" which are monetary penalties for the missed labor. Full no-shows begin at $7.50 per hour of assigned labor credit and increase with successive no-shows.
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What recourse does the employer have in the event a labor certification is denied or revoked?

OFLC Frequently Asked Questions and Answers
If a labor certification is denied or revoked, the employer may make a request for review to the Board of Alien Labor Certification Appeals (BALCA) by submitting, in writing and within 30 days of the date of the determination, a request to the Certifying Officer who denied or revoked the application. The 30 days to file an appeal to the Certifying Officer begins on the date that the SWA makes a final decision on the case.
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What happens if ISG Solutions goes out of business?

ISG Solutions - Application Hosting FAQ
You get your data back, along with the software application(s). You may then install the application(s) on your internal network or move to another hosting facility. If you are renting the software, the data is all that is returned to you.
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What happens if my electric company goes out of business?

Community Energy > Commercial > FAQ
You should get enough advance notice so you have time to shop for another provider. If you don't have enough time, your lights won't go out. You would be rolled over to a company offering provider-of-last resort service.
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What happens if a tenant goes out of business?

Property First - Commercial Property Investment - FAQ - Freq...
The fortunes of all companies can change. If something does happen to a tenant and it can no longer pay the rent then two options are available - find another tenant or sell the property. Unlike residential property, the value of commercial property is not principally based upon its location and bricks and mortar, but to a great extent on to whom it is let, for how much and for how long.
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What happens if Library Concepts goes out of business?

LIBRARY CONCEPTS - Library Automation Systems
Let's just start by noting this is NOT a Frequently Asked Question... but some folks do want to know. In today's business climate, it is probably a good question to ask any of your software providers. We can honestly say that plans to "bail out" of this business are not even on our horizon. Our business plan for the next decade is one of growth and expansion as can be deduced from looking at our business for the last five years.
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What happens to my service if Hastings goes out of business?

Frequently Asked Questions - Hastings Group
Hastings is a stable, well-funded operation and there is absolutely no reason to believe it will not remain viable in the future. It has consistently operated "in the black" for every year of its existence. However, should Hastings end operations, your services would be transferred to a new account and continue un-interrupted during that transition.
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Who can be a Petitioner?

Alaska Public Guardian Section - Frequently Asked Questions ...
Anybody can request the court for a guardian or conservator including the client. The Petition for Guardian/Conservator identifies the circumstances of the respondent's condition and set the guardianship process in motion. It can also be withdrawn.
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What happens if the water goes out?

Cabin Rental FAQ's
While outages are very rare, sometimes things happen in life that are just beyond anyone's control. Our utility companies try very hard to keep water and electricity flowing for everyone. So if you'd be devastated, if the water was off for a few hours then you may want to bring a jug or two of water.
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