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uma001
03-04-2009, 08:32 PM
Hi,

My employer today told me they cannot file green card for me. I work for American company. For the past two years they have been telling me, we will file file.. and they got all my documents.They finished posting ads all the steps for filing labor including recruiting process. Today, VP said since they found eligible candidates for my position, they cannot file green card.I am stunned. I dont know what to do now. Can any of you suggest what is my next step.

Imigrait
03-04-2009, 08:40 PM
If you want a Green Card the only option now is to find a company which will file for your GC. Once you find an employer like that change employer.

PavanV
03-04-2009, 08:41 PM
As a consolation, I guess i am in the same boat too, i have been with this company for past 3 years now, they have been saying they would be filing PERM, i dont see any progress yet.
I guess there are many folks out there like us. My H1 B expires in 2010 (6 yr term).

All i can say is, they are taking me for a ride, and i absolutely cannot do anything about it.

uma001
03-04-2009, 08:46 PM
Yes, Really my employer took me for a ride . They never said they wont file , instead they asked information at various stages. They filed for two guys. Those two guys got audit asking for documentation on recruitment process and business necesstities.


Can somebody do green card for future employment in this economy.If so, I can join them during 485 stage.

PavanV
03-04-2009, 08:50 PM
I wanted to do something like that, but then i realized, for my best interests, i would not pursue it, good if the company file's, great if i don't get it :), i get a chance to go back to my country India.

uma001
03-04-2009, 08:51 PM
VP also told me that sorry to say this. This is not the right time to be in US. There are too many people without jobs, unemployment is going up. When you joined we thought we could have done green card,but I did not know the process. But now, we cannot file your green card.

uma001
03-04-2009, 08:54 PM
I wanted to do something like that, but then i realized, for my best interests, i would not pursue it, good if the company file's, great if i don't get it :), i get a chance to go back to my country India.


If you get to 485 stage before your H1 expires, then you can join that company

novice123
03-04-2009, 09:12 PM
I have couple of questions regarding GC filing for future employment.

a. Is it legal to work for company B if one is working for company A and company A has already filed LC?

b. Any danger of getting audit because of multiple LCs?


Thanks!

smitin_2000
03-04-2009, 09:37 PM
company is not filling ur gc bcoz of current economic situation, is they file gc saying they could not found matching profile, then they will definately get audit abt their recruitment process, which can make them in CIS red eye forever making difficult to file gc for others in future also, I think most of the company will avoid filling gc nowadays, I was talking to my company's legal advisor, she said they are not filling any new gc nowadays. :o

kittu1991
03-04-2009, 09:55 PM
I joined my company in early 2002, I was told that they file my GC once finish 6 months of employment. But within that 6 months there was some layoffs. So they said as a safe practice they don't file GC after a layoff in my similar job category. So eventually they filed my GC in mid 2004, when the conditions were better.

I think with PERM and current economic situation I will be surprised if any employer is willing to file for new GC.

jthomas
03-05-2009, 12:04 AM
Its common for companies not applying for labor nowadays because of recession. If you are trapped and near to your sixth year of H1B don't waste time and apply for canadian immigration or else try to learn as much as you can from this job and move to another job and try to increase your skills. Once you have more skills finding a job or doing a business becomes easier.
I am sorry to tell that i left 11 employers in 6 years in india and 3 employers in 6 years in US.

PHANI_TAVVALA
03-05-2009, 12:14 AM
Its common for companies not applying for labor nowadays because of recession. If you are trapped and near to your sixth year of H1B don't waste time and apply for canadian immigration or else try to learn as much as you can from this job and move to another job and try to increase your skills. Once you have more skills finding a job or doing a business becomes easier.
I am sorry to tell that i left 11 employers in 6 years in india and 3 employers in 6 years in US.

14 employers in 12 years!!!!! sure way career stopper in US. I personally was involved in personnel selection with my manager and resumes of people who moved too much around always found there way into trashbin as it is assumed the person has commitment issues inspite of exceptional profile. Average American changes 7-8 jobs in a career spanning 30-40 years.

champu
03-05-2009, 12:45 AM
It is very difficult for employers to justify to Labor Dept that Foreign Worker is needed. Wait 3 months no big company will do that till employment situation eases.

jthomas
03-05-2009, 01:47 AM
14 employers in 12 years!!!!! sure way career stopper in US. I personally was involved in personnel selection with my manager and resumes of people who moved too much around always found there way into trashbin as it is assumed the person has commitment issues inspite of exceptional profile. Average American changes 7-8 jobs in a career spanning 30-40 years.

Hi Phani_tavvala,

I never put all this company names in my resume. My resume shows just 4 job change but during the time of interview i answer most of their questions and tell them i had worked on all those projects. Afterall, they want someone to do the job.

kumar1
03-05-2009, 02:25 AM
It is not new.....you have to be very careful with US employers. I joined a fortune 500 company with 15000 employees in 2004. Before joining they said...GC no problems...After joining everything changed....from economy to cost of GC to what not. After 11 months, I became adamant and asked the company to give me in writing a fixed date when they would file the case. They said, they can not say give me anything in writing. I got my answer. I left that company and joined a desi employer with 2 employess. Yes, 2 employees! I had only 2years left on my H1 that time and I had very little to lose. We are in I-485 stage right now. Buddy, it is time to make a move for you.

chanduv23
03-05-2009, 12:23 PM
anybody can do except possible quit and join another one who will file.

Well the challenge would be - can we trust the new employer? Is the new employer having issues with immigration? New employer can always make false promises and can later say - "there are American Citizens available for this job so there is nothing I can do"

It is tough if you are in a skillset which is very common.

shantanup
03-05-2009, 12:31 PM
I joined my company in early 2002, I was told that they file my GC once finish 6 months of employment. But within that 6 months there was some layoffs. So they said as a safe practice they don't file GC after a layoff in my similar job category. So eventually they filed my GC in mid 2004, when the conditions were better.

I think with PERM and current economic situation I will be surprised if any employer is willing to file for new GC.

I had same experience.
I joined my company in mid 2001 and they could not file for my GC in spite of my manager's wish since the company wasn't hiring. Oil & gas market was in downturn then. Things improved by 2004 end and they filed PERM for me.

desi3933
03-05-2009, 12:42 PM
.....
I left that company and joined a desi employer with 2 employees. Yes, 2 employees!
....

Is your I-140 approved?

gcseeker2002
03-05-2009, 12:55 PM
I have faced this issue 3 times before the 4th employer filed the labor , if only the first one had filed then I would have a PD of 1999 , life is unfair. Dont worry, move on and change your employer.

Nil
03-05-2009, 12:56 PM
Lawyer said that during a labor application now, if there is a US citizen applying for the job, virtually the process stops.
There is another angle to this topic - when employers deliberately delay the application. Can we take this matter up with lawmakers at some point.

kumar1
03-05-2009, 12:58 PM
Yes. It got approved in 3 weeks. (Non-premium...back in 2006.)

Is your I-140 approved?

chanduv23
03-05-2009, 01:02 PM
Lawyer said that during a labor application now, if there is a US citizen applying for the job, virtually the process stops.
There is another angle to this topic - when employers deliberately delay the application. Can we take this matter up with lawmakers at some point.

remember - we have anti immigrants all over the place and all they would do in the background is to look for such postings and apply with fake resume.

Unless you interview a candidate and find him/her suitable and document the interview results you cannot ascertain that someone is just qualified for the job just because a resume is posted.

This is interesting - looks like there is pressure on lawyers and employers not to file for green cards.

desi3933
03-05-2009, 01:04 PM
Yes. It got approved in 3 weeks. (Non-premium...back in 2006.)


Consider yourself very lucky. Now a days, getting I-140 approved for a small company is not easy. Just pray and hope that your I-140 is not revisited at the time of RFE and/or I-485 approval.

Good Luck.

gc_check
03-05-2009, 02:20 PM
Yes. It got approved in 3 weeks. (Non-premium...back in 2006.)

Yes, In early 2006, few people were lucky to get I-140 approved in 2/3 weeks including me. I was then with a mid-size NASDAQ listed American consulting company, now switched employer and joined the client using AC21. The Labor sponsor is a vendor to the client and no issue with joining client as the contract had a clause allowing it with no non-compete agreement. There was no premium processing then and regular I-140 was approved for few in 2/3 weeks during early 2006 for many.

For the first poster in the thread, if the employer finds a qualified US Citizen, then they will not apply labor unless there are multiple openings available and not found US citizens applied for all open positions. In some case, they do not hire US Citizen for all positions and still apply for labor, provided they have a better case to make and prove the non-immigrant is better qualified and required for business reason.

In the current economy / business environment, I do not expect this to happen, as many US Citizens are on lookout for job now, unless you are that extraordinary.. again that will fall under EB1 - NIW or EB2 / Labor Exempt... case.

Feel sorry for you, but try to find other option as soon as possible. Things would be difficult, if you in 5th year or close to 6th year of your H1B. Good luck.

senthil1
03-05-2009, 02:39 PM
It is the law that if someone applies against advertisement then they need to be interviewed. If that person is selected then the job opening closes and the person who applied GC loses and need to start all over again for another position.

Our Desi companies usually interview the candidate and put the requirements such that the candidates will be rejected. They were the ones who prepare the fake resumes for many Desi candidates and it is easy for them to find fake resumes. And they know how to reject good candidates also.

But if a company wants to follow the rules with good faith then they will really follow the law. Those cases GC candidates will be impacted. Some companies will use this opportunity to get rid of gc aspirants.

remember - we have anti immigrants all over the place and all they would do in the background is to look for such postings and apply with fake resume.

Unless you interview a candidate and find him/her suitable and document the interview results you cannot ascertain that someone is just qualified for the job just because a resume is posted.

This is interesting - looks like there is pressure on lawyers and employers not to file for green cards.

uma001
03-07-2009, 09:47 AM
Thanks for all the responses.

I sent an email to my VP requesting to file green card at the end of the year or early next year. He asked about my H1 expiry time. He dont much about H1.He had a conference with legal and had a discussion with me after that. He told me legal looked for all options to show that they could not find american citizens for this position,but they couldnt succeed in that direction. They will do a test (based on labor market) to file green card every six months , if unemployment rate goes down and the economy improves they will file green card, otherwise they will file it by early 2011 (which is my 5th year of H1). He also told that my H1 renewal will not be a problem. He will do it from his budget (big deal) as long as my performance is good. He finally said S O R R Y. Politics is making life miserable for you people.They are all racists. (Dont know whome he was refering to).

We cannot get extra ordinary performance rating from them in these times. They purposely dont want to give that rating . All H1 golders in our company got jut 'meet requirements' ratings no matter how well they performed.

At this time companies are not doing transfers also unless there is really urgent requirement available ( what if also they do same thing as current company), i cannot trust consulting companies at this time ( If I want to switch my job)

champu
03-07-2009, 11:02 AM
Consider yourself very lucky. Now a days, getting I-140 approved for a small company is not easy. Just pray and hope that your I-140 is not revisited at the time of RFE and/or I-485 approval.

Good Luck.

I heard I-140 and I-1485 are independent processes. During I-485 they look into your civil records only.

venky321
03-07-2009, 01:49 PM
If you look at it this entire process seems like a farce . Companies putting up adds to purposely exclude candidates. Anti immigrants applying for jobs with fake resumes.

A company investing years in a candidate only to have go through the process of pretending to find a replacement before they can sponsor him.

I think they should seriously look at a points based system based to an extent on job growth for that year.

InTheMoment
03-07-2009, 05:09 PM
Orginal Poster...

Although it is unfortunate that the company had to roll back on the labor certification...it is not something unprecedented. Back in 2001 during the tech bust...I know so many Fortune 100 companies including mine who could not apply for labor due to the problems faced by you or due to a recent layoff history.

I had my labor process delayed for 3 years from 2001 to 2004 and eventually got the I-485 approved in 2008. In those 3 years many like me had given up any hope of a GC, some even forgot there was anything such as a GC....but things turned for the better.

Along with the suggestions others gave to change employers etc....I would say..time flies, things change...stay put and work smart.:)

kumar1
03-07-2009, 08:45 PM
Buddy, I remember those days. You know, that was one of the reasons, all the dates were current during that time frame (2001-2005). First, economy was so bad that very few companies were filing for labor certification, second, DOL was extremely slow in processing the cases. So...to make long story short, getting labor certified was such a big deal that very few people were able to reach I-140/I-485 stage. One of the by products of that era was the black marketing of labor certifications. Companies laid off tons of workers during that time frame. A lot of them had labor certification under consideration. By the time 2005/2006 came, retrogression hit and the companies that survived the down time, ended up with certified labor certifications There you go -- then they started selling those labors as a carrot to future employees and needless to say, our Desi employers were loving it.

By looking at PERM processing dates and the current economic conditions, I can not help myself thinking of those days.

Orginal Poster...

Although it is unfortunate that the company had to roll back on the labor certification...it is not something unprecedented. Back in 2001 during the tech bust...I know so many Fortune 100 companies including mine who could not apply for labor due to the problems faced by you or due to a recent layoff history.

I had my labor process delayed for 3 years from 2001 to 2004 and eventually got the I-485 approved in 2008. In those 3 years many like me had given up any hope of a GC, some even forgot there was anything such as a GC....but things turned for the better.

Along with the suggestions others gave to change employers etc....I would say..time flies, things change...stay put and work smart.:)

unseenguy
03-08-2009, 03:10 AM
To the original poster:

My best advise is leave the job immediately as soon as you find another one. I have seen 100s and 1000s stories from year 2000. In 2002, I was working at Cisco. Since in 2001 Cisco had done a mass layoff, they stopped GC process. My team lead was always told that they will file his GC soon and he will not be in trouble. But after 6 yrs on his H1, he was paid 4 months salary to move back to India. He took up job elsewhere in India. All the contractors in the same department got GC through body shopping companies. They are all well settled in US now.

In my own company, they filed GC and we had approved I140. In 2006 my company got acquired by HP. Less than 1 yr into HPs job, in Jul2007 fiasco, they said there is a problem with our labor and they will have to refile everything. At this time, we had to threaten the employer (about 100 people) with immediate resignation. HP didnt backtrack its position but they filed new labors immediately within 2 months. And last year by our luck the PDs moved again and we were able to file I485s.

I will never forget these experiences in life. It just taught me one thing. Go by the facts and go by whats written on paper. Rest all is BS.

Now there is a trick that your lawyer's playing here. He is ok to file labor in 2011 is because they want to keep you on their payroll on their terms as long as they want. At the same time lawyer can make more and more money on H1 extensions and other GC expenses. It is a myth that your VP does not know immigration laws. Everyone in HP HR knew immigration laws and they used them against us for the benefit of the company and monetary benefits of their lawyers. Since you will file labor in 2011 , it will be 5 years in your H1 and you will be in your job at the mercy of your employer at the payrate they decide and not you.

So my advise would be to look for another position ASAP. While doing so, never ever give a hint to your manager or VP that you are about to quit. There are so many companies with 200-300 employees who will be willing to work to your terms. I would go for them. They are reasonably stable. One biggest mistake that most make is brand name. Brand name is of the company , not you. Its not going to get you anything in life. Your skills will. So go for the company that works for you. Your VP , HR and lawyer are playing a game. So dump them.

GCSeekerCT
03-08-2009, 11:33 AM
Hi,

I read the entire thread and came to the conclusion that OP is screwed at his current employment.

All employment is at-will, and the employer can do whatever they want, even to US citizens (read even taking away pensions or health insurance of their retired employees, i heard on NPR a few companies considering this, like delphi to save dimes).

Is there a job board or forum where reliable desi shops can be found ? I am sure a lot of people are looking for jobs right now, and if a reliable, trust-worthy employer is found, its worth its weight in gold.

please direct OP to such sources, as he only has 2 years left on his H-1 and this mess is not going to be solved in 2 years, it looks like.

sledge_hammer
03-08-2009, 12:56 PM
This is very true. I think most of us fall for this "brand name" company trap. I think large corporations have their own advantages too, but the benefits of a smaller company, like less red tape, experience on broader spectrum of tasks, flexibility in HR rules, specially when you are a beginner (both exp wise and being on H-1B), far outweighs the advantages of just having a "brand name" company on your resume.


...
..
..
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One biggest mistake that most make is brand name. Brand name is of the company , not you. Its not going to get you anything in life. Your skills will. So go for the company that works for you. Your VP , HR and lawyer are playing a game. So dump them.

GCSeekerCT
03-08-2009, 02:06 PM
This is very true. I think most of us fall for this "brand name" company trap. I think large corporations have their own advantages too, but the benefits of a smaller company, like less red tape, experience on broader spectrum of tasks, flexibility in HR rules, specially when you are a beginner (both exp wise and being on H-1B), far outweighs the advantages of just having a "brand name" company on your resume.


It so does...

I work for a very small firm, and we are not in the business of IT. When the rest of my friends were making 20% more than me in the good times, I didn't like working where I do. Now, everyone is afraid for their jobs, but my company says they will do whatever they can to retain me (I am the only IT staff they've got with very good business knowledge and intelligence) and will not put me on un-employment knowing that may jeopardize i485.

I am taking a 5% cut and a bit afraid for my job too, but its good to know they will stand by me and support me as family.

WaitingUnlimited
03-08-2009, 04:42 PM
Uma,

Did your VP tell you this after the initial advertisement? or may be he found some one who can replace you and trying to let you go?

meridiani.planum
03-08-2009, 05:20 PM
14 employers in 12 years!!!!! sure way career stopper in US.

those were the old days. Now a days employees are showing as much loyalty to the companies as companies are showing to their employees. Its a pure capitalist system: if the company can lay someone off to outsource and save a few dollars, employee can also leave to make 10% more or learn something new. Gone are the days or rising in the ranks or staying with a company for 10s of years or even retiring there. Its the new culture that if you ask me was started by GEs Jack "Neutron Bomb" Welch:
http://en.wikipedia.org/wiki/Jack_Welch
During the early 1980s he was dubbed "Neutron Jack" (in reference to the neutron bomb) for eliminating employees while leaving buildings intact. In Jack: Straight From The Gut, Welch states that GE had 411,000 employees at the end of 1980, and 299,000 at the end of 1985. Of the 112,000 who left the payroll, 37,000 were in sold businesses, and 81,000 were reduced in continuing businesses. In return, GE had increased its market capital tremendously.

corporations go after market cap and have a layoff every year, why blame employees for changing jobs every year?

I personally was involved in personnel selection with my manager and resumes of people who moved too much around always found there way into trashbin as it is assumed the person has commitment issues inspite of exceptional profile. Average American changes 7-8 jobs in a career spanning 30-40 years.


your employer has never had a layoff? Maybe we should discuss this again around the end of 2010, and we'll see if by then your employer has also shown "commitment issues" towards their employees.

stuckinmuck
03-08-2009, 05:36 PM
Good luck to genuine professionals in this immigration journey.

Just a word of caution. Always be careful with how you frame responses to threads like this. Each word of this thread and others are being sliced and diced by anti-H1B disgruntled American professionals as in the link pasted below. We certainly don't want to hurt our cause by any indication that we're trying to circumvent laws here.

http://seeker.dice.com/olc/thread.jspa?threadID=13538&tstart=0

Thanks guys.

uma001
03-08-2009, 09:16 PM
Good luck to genuine professionals in this immigration journey.

Just a word of caution. Always be careful with how you frame responses to threads like this. Each word of this thread and others are being sliced and diced by anti-H1B disgruntled American professionals as in the link pasted below. We certainly don't want to hurt our cause by any indication that we're trying to circumvent laws here.

http://seeker.dice.com/olc/thread.jspa?threadID=13538&tstart=0

Thanks guys.

WTF,How can that guy AronSmith copy and paste my thread and post somewhere else. Why dont he reply here? he doesnt know wthat my VP is american.

uma001
03-08-2009, 09:21 PM
Uma,

Did your VP tell you this after the initial advertisement? or may be he found some one who can replace you and trying to let you go?

He told me after last step (screening eligible candidates after posting ad) in process for filing labor. May be they preplanned it, I dont know.

gc_wow
03-08-2009, 09:38 PM
I know a friend whose h1b extension got rejected,he recently bought a home in VA and his 140 is pending for about an year.He had no clue what he is going to do and he is in shock.

uma001
03-08-2009, 09:42 PM
To the original poster:
Be careful and think twise before you leave the company for GC, we are hearing a lot of denials, RFE's for the H1 transfer's even you have soild poject...you may end up loosing both birds.

Currently I am not looking for change of job becos of market conditions. My current H1 is valid till end of year

uma001
03-08-2009, 09:43 PM
I know a friend whose h1b extension got rejected,he recently bought a home in VA and his 140 is pending for about an year.He had no clue what he is going to do and he is in shock.

Do you know what was the reason for rejection. Is he working for American company or desi consulting company?

gc_wow
03-08-2009, 10:51 PM
Do you know what was the reason for rejection. Is he working for American company or desi consulting company?

He works for Big5,I dont know the exact reason why they rejected his extension,will ask him tommorow.

uma001
03-08-2009, 11:12 PM
He works for Big5,I dont know the exact reason why they rejected his extension,will ask him tommorow.

You mean BIG5 consulting???