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gcseeker2002
02-13-2011, 11:41 AM
Folks, I am sure several of you are in similar situation as mine , trying to get second labor applied in Eb2 , and many of you have already done this. My question is, if you have already used AC21 and changed jobs using EAD, what would be the strategy to get the new employer to apply Eb2 labor ? Questions arise like, when you joined us you said you did not need sponsorship thats why we hired you, and , Since you already have EAD what is the need to get greencard ? I will appreciate if you can share some ideas how to convince these employers that the Eb2 re-application is necessary and also give them a soft warning that failure to do so may lead to them losing us, etc.

Robert Kumar
02-13-2011, 11:53 AM
Folks, I am sure several of you are in similar situation as mine , trying to get second labor applied in Eb2 , and many of you have already done this. My question is, if you have already used AC21 and changed jobs using EAD, what would be the strategy to get the new employer to apply Eb2 labor ? Questions arise like, when you joined us you said you did not need sponsorship thats why we hired you, and , Since you already have EAD what is the need to get greencard ? I will appreciate if you can share some ideas how to convince these employers that the Eb2 re-application is necessary and also give them a soft warning that failure to do so may lead to them losing us, etc.

This is one of the big problems I noticed people are facing. With so many EADs outside, I see many requirements that restrict only to EAD and up. And they very clearly say "We do not do sponsorship". And later if we ask them, they may get upset.
I dont think we can convince them as it is very easy to see that we will easily leave them once GC is approved. Everybody knows the power of GC now.
"Failure to do so will lead them to ..." sounds like a very good strategy, but for that we must work for them atleast for sometime, may be 6 months to 1 year, so that they know our value. We cannot use this definitely in the beginning, as they have many more people to hire, unfortunately due to unemployment rate being so high.

gcseeker2002
02-13-2011, 01:04 PM
This is one of the big problems I noticed people are facing. With so many EADs outside, I see many requirements that restrict only to EAD and up. And they very clearly say "We do not do sponsorship". And later if we ask them, they may get upset.
I dont think we can convince them as it is very easy to see that we will easily leave them once GC is approved. Everybody knows the power of GC now.
"Failure to do so will lead them to ..." sounds like a very good strategy, but for that we must work for them atleast for sometime, may be 6 months to 1 year, so that they know our value. We cannot use this definitely in the beginning, as they have many more people to hire, unfortunately due to unemployment rate being so high.
I think it would help to keep a backup job offer in case the matter does not work and you have to submit the resignation to make them realize .

veni001
02-13-2011, 04:08 PM
I think it would help to keep a backup job offer in case the matter does not work and you have to submit the resignation to make them realize .

Be cautious and play safe!
Good luck.

snathan
02-13-2011, 07:06 PM
I think it would help to keep a backup job offer in case the matter does not work and you have to submit the resignation to make them realize .

The resignation card will not work when the unemployment rate is 10%. There are dozens of people waiting in line to get that job. It would be helpful only if the OP is having a very rare skill or the company is going to suffer significant loss because of his resignation. Otherwise there wonít be any use at all.

gcseeker2002
02-21-2011, 10:40 AM
The resignation card will not work when the unemployment rate is 10%. There are dozens of people waiting in line to get that job. It would be helpful only if the OP is having a very rare skill or the company is going to suffer significant loss because of his resignation. Otherwise there wonít be any use at all.

Here is my situation, I have an offer upcoming(on phone) with a big consulting company but they seem to have some kind of agreement about not hiring from partners, with my current company , so they want to let them know before moving ahead with the offer. They are ready to file Eb2 labor for me but before giving me the offer, they want to notify my company and get their permission , which is not possible since my company will not give them the permission. Only other way is I resign the current job and let the big consulting company know that I no longer work with their partner company. Problem is that I dont yet have the offer letter in hand from the other company so I dont want to take the risk, and also, lose the bargaining power. What a mess!!.

snathan
02-21-2011, 11:09 AM
Here is my situation, I have an offer upcoming(on phone) with a big consulting company but they seem to have some kind of agreement about not hiring from partners, with my current company , so they want to let them know before moving ahead with the offer. They are ready to file Eb2 labor for me but before giving me the offer, they want to notify my company and get their permission , which is not possible since my company will not give them the permission. Only other way is I resign the current job and let the big consulting company know that I no longer work with their partner company. Problem is that I dont yet have the offer letter in hand from the other company so I dont want to take the risk, and also, lose the bargaining power. What a mess!!.

It’s a catch 22 situation and you never know how it will turn. If I were you I wouldn’t take this chance without back up. What would you do if you are not hired by the consulting company for any reason? The risk is not worth...but it’s based on your risk tolerance.

getgreensoon
02-21-2011, 11:16 AM
Itís a catch 22 situation and you never know how it will turn. If I were you I wouldnít take this chance without back up. What would you do if you are not hired by the consulting company for any reason? The risk is not worth...but itís based on your risk tolerance.

You should stick to your eb 3 application. There are more qualified and legitimate people stuggling in eb2 and they should get the chance first and not people who work in some shady desi IT consulting companies.

psaxena
02-21-2011, 01:14 PM
Who are you , and why are you discouraging people to not take the EB2 route. Are you one of the sick EB2 applicant, who somehow got his EB2 Labor approved recently and waiting in line and do not want others to port and come in front of you..

YES YES and YES you are one of them.. Bad news for you , your wait time is forever. Goods news(for me ) I love to see people like you suffer and die.


You should stick to your eb 3 application. There are more qualified and legitimate people stuggling in eb2 and they should get the chance first and not people who work in some shady desi IT consulting companies.

snathan
02-21-2011, 01:36 PM
Who are you , and why are you discouraging people to not take the EB2 route. Are you one of the sick EB2 applicant, who somehow got his EB2 Labor approved recently and waiting in line and do not want others to port and come in front of you..

YES YES and YES you are one of them.. Bad news for you , your wait time is forever. Goods news(for me ) I love to see people like you suffer and die.

Please do not start another EB2 v EB3. Letís refrain from responding to this kind of post. We do not know who really they are. May be they just wants to provoke as EB2 vs EB3 and some vested interest?

PlainSpeak
02-21-2011, 02:14 PM
Please do not start another EB2 v EB3. Letís refrain from responding to this kind of post. We do not know who really they are. May be they just wants to provoke as EB2 vs EB3 and some vested interest?

While i agree whole heartedly with psaxena and am with him emotionally, i have to also agree with snathan about not responding to posts from users who have no details filled in... They could be anybody.
As it is all it takes is a comment to start a EB3/EB2 fight here....
By the way where is Admin. Should he not be deleting such posts ???:eek::eek::eek:

Sunx_2004
02-21-2011, 02:15 PM
Talk to your employer show them EB3 data and based on the current situation how much time it will take to get a green card.

Tell them specific issues you have while you are on EAD
Driving license renewal every year or every two years
Travelling issues if AP does not come on time
Difficulty in getting financing
Issues caused by Delay in EAD renewal etc

My point is try talking to them with facts, They may help you out.



Folks, I am sure several of you are in similar situation as mine , trying to get second labor applied in Eb2 , and many of you have already done this. My question is, if you have already used AC21 and changed jobs using EAD, what would be the strategy to get the new employer to apply Eb2 labor ? Questions arise like, when you joined us you said you did not need sponsorship thats why we hired you, and , Since you already have EAD what is the need to get greencard ? I will appreciate if you can share some ideas how to convince these employers that the Eb2 re-application is necessary and also give them a soft warning that failure to do so may lead to them losing us, etc.

PlainSpeak
02-21-2011, 02:35 PM
Talk to your employer show them EB3 data and based on the current situation how much time it will take to get a green card.

Tell them specific issues you have while you are on EAD
Driving license renewal every year or every two years
Travelling issues if AP does not come on time
Difficulty in getting financing
Issues caused by Delay in EAD renewal etc

My point is try talking to them with facts, They may help you out.

Adding to the above suggestions teh follwoing can also be done for convincing a employer to file for EB2 while working with the same employer on EAD (Based on EB3). This will work only for a genuine company which pays the EB fees themselves and where cost of EB application is an issue.

- Cost of new EB application - Approx 5000 k

Going with an assumption that every year you have an appraisal in which you get about approximately 3000 per year. You could ask your employee to use the same money to process your EB2 app instead of giving you a hike. This way you will be working with a employer for minimum 1 year before he files for a EB2 app

This is just a theory and i have NOT used it myself since i have no intention to port in my case.

snathan
02-21-2011, 03:17 PM
Adding to the above suggestions teh follwoing can also be done for convincing a employer to file for EB2 while working with the same employer on EAD (Based on EB3). This will work only for a genuine company which pays the EB fees themselves and where cost of EB application is an issue.

- Cost of new EB application - Approx 5000 k

Going with an assumption that every year you have an appraisal in which you get about approximately 3000 per year. You could ask your employee to use the same money to process your EB2 app instead of giving you a hike. This way you will be working with a employer for minimum 1 year before he files for a EB2 app

This is just a theory and i have NOT used it myself since i have no intention to port in my case.

Not a good idea...if there is an audit coming, both employee and employer will be in soup. Your porting should be based on the employer requirement and not based on convincing the employer. Otherwise you are inviting disaster.

gcseeker2002
02-21-2011, 04:20 PM
Adding to the above suggestions teh follwoing can also be done for convincing a employer to file for EB2 while working with the same employer on EAD (Based on EB3). This will work only for a genuine company which pays the EB fees themselves and where cost of EB application is an issue.

- Cost of new EB application - Approx 5000 k

Going with an assumption that every year you have an appraisal in which you get about approximately 3000 per year. You could ask your employee to use the same money to process your EB2 app instead of giving you a hike. This way you will be working with a employer for minimum 1 year before he files for a EB2 app

This is just a theory and i have NOT used it myself since i have no intention to port in my case.
Believe me or not, I have done this exact explain thing with my employer, and he says he cannot deny someone their well deserved raise just because he cannot spend the 5K on 2nd Eb2 labor, and starts bringing morality questions into the picture. The current job is a full time job and not consulting one and hence all this problems. If it were any other desi consulting, I would have managed to convince them by now. Now my only choice is to get a backup offer and try out my luck with the big consulting company.

spaceguy
02-21-2011, 09:09 PM
Talk to your employer show them EB3 data and based on the current situation how much time it will take to get a green card.

Tell them specific issues you have while you are on EAD
Driving license renewal every year or every two years
Travelling issues if AP does not come on time
Difficulty in getting financing
Issues caused by Delay in EAD renewal etc

My point is try talking to them with facts, They may help you out.

If we convince the employer by above means what could be other issues for the employer to file EB2? In my case I work for a fortune 500 company. They stopped processing h1 and GC .

1. When they file for Eb2 labor do they need to prove that they are not able to get a US Citizen for the above post ?
2.While recruiting me they followed the recruiting porcess. Do they need to follow the same procedure again ?
3. There are 5 to 6 people in the company with same status. Is it advantage to go to them as group or pursue individually.
Any advise?

snathan
02-21-2011, 09:18 PM
If we convince the employer by above means what could be other issues for the employer to file EB2? In my case I work for a fortune 500 company. They stopped processing h1 and GC .

1. When they file for Eb2 labor do they need to prove that they are not able to get a US Citizen for the above post ?
Yes
2.While recruiting me they followed the recruiting porcess. Do they need to follow the same procedure again ?
Yes
3. There are 5 to 6 people in the company with same status. Is it advantage to go to them as group or pursue individually.
Any advise?
:o

Sunx_2004
02-21-2011, 09:41 PM
Its like any other GC applications. All requirements must be met

If we convince the employer by above means what could be other issues for the employer to file EB2? In my case I work for a fortune 500 company. They stopped processing h1 and GC .

1. When they file for Eb2 labor do they need to prove that they are not able to get a US Citizen for the above post ?
Yes
2.While recruiting me they followed the recruiting porcess. Do they need to follow the same procedure again ?
Yes
3. There are 5 to 6 people in the company with same status. Is it advantage to go to them as group or pursue individually.
Any advise?

gcseeker2002
02-22-2011, 07:16 AM
If we convince the employer by above means what could be other issues for the employer to file EB2? In my case I work for a fortune 500 company. They stopped processing h1 and GC .

1. When they file for Eb2 labor do they need to prove that they are not able to get a US Citizen for the above post ?
2.While recruiting me they followed the recruiting porcess. Do they need to follow the same procedure again ?
3. There are 5 to 6 people in the company with same status. Is it advantage to go to them as group or pursue individually.
Any advise?
If there are 5 to 6 people with same status, then I would say look for another job, because the chances are very very less of them doing it for you alone and not for 5 others which would then become big expense. In my case, I am the only person in the company with this status and still having problem convincing them.

eastindia
02-22-2011, 10:12 AM
Folks, I am sure several of you are in similar situation as mine , trying to get second labor applied in Eb2 , and many of you have already done this. My question is, if you have already used AC21 and changed jobs using EAD, what would be the strategy to get the new employer to apply Eb2 labor ? Questions arise like, when you joined us you said you did not need sponsorship thats why we hired you, and , Since you already have EAD what is the need to get greencard ? I will appreciate if you can share some ideas how to convince these employers that the Eb2 re-application is necessary and also give them a soft warning that failure to do so may lead to them losing us, etc.

EAD is like a green card. You have EAD. You can work with freedom. People who have not filed I485 have serious problem. Why do you want to apply again?

spaceguy
02-22-2011, 03:01 PM
EAD is like a green card. You have EAD. You can work with freedom. People who have not filed I485 have serious problem. Why do you want to apply again?

Problems are relative. People who did not get H1 may say why do you worry . You have H1 for 6 years and can renew every 3 years for ever until you get GC, if you have filed labor and I141.

EAD is not liek green card. you have to renew your DL every year in some states, EAD for every 2 years and AP every year for whole family. Sometime you do not use your EAD or AP but still need to renew as you may need at any time.

In addition to this if you have kids going to college may not get college admissions or scholarships on EAD. Have to fight every stage and explain what is EAD or AP.

If you have answers for the questions give them.
Try to involve in Advocacy efforts which will solve all our problems

gcseeker2002
03-12-2011, 08:04 AM
Problems are relative. People who did not get H1 may say why do you worry . You have H1 for 6 years and can renew every 3 years for ever until you get GC, if you have filed labor and I141.

EAD is not liek green card. you have to renew your DL every year in some states, EAD for every 2 years and AP every year for whole family. Sometime you do not use your EAD or AP but still need to renew as you may need at any time.

In addition to this if you have kids going to college may not get college admissions or scholarships on EAD. Have to fight every stage and explain what is EAD or AP.

If you have answers for the questions give them.
Try to involve in Advocacy efforts which will solve all our problems

Just want to continue this discussion. What if the resign card works and we get counter offer to process eb2, is it a good idea to accept the offer? Has anyone have experience accepting counter offers ? It will be atleast a 6-8 month stay (for labor+140 - assuming the counter offer takes care of it), so will they treat us well enough for those 6-8 months or just screw it up? What can we do to get ourselves assured they wont screw it up.

gcseeker2002
03-12-2011, 08:11 AM
^^^^ bump ^^^^