Does anybody know if Oracle files green card

[pappu]

Originally Posted by sripk

I am in same situation and got same response. Tried my best but they said exactly what you mentioned. I have MS degree from US and 7yrs of experience but they say new EB2 can't be filed no matter what I do. Unfortunately there is nothing we can do here other than suck it up.

Eb2 is not based on if the person is us masters or 10 years experience. A person can be a phd and still be eb3. There is actually a computer science phd we came across stuck in eb3 because he is working in a programmer position that only requires the person to have 4 year degree. So you see the minimum qualifications for the job is important. Employers should not be blamed. They are actually following the law. Problem is the job position and minimum Requirements outlined in the job ad when an applicant applies to join the company.

[amit_sp]

Originally Posted by fide_champ

It is an issue with big companies as they go by the book. Some of my friends are suffering the same fate with comcast, unless you are at a director level or above it's impossible to influence the GC processing.

You are absolutely right; same is true with CitiGroup too.

[bsbawa10]

Originally Posted by pappu

Eb2 is not based on if the person is us masters or 10 years experience. A person can be a phd and still be eb3. There is actually a computer science phd we came across stuck in eb3 because he is working in a programmer position that only requires the person to have 4 year degree. So you see the minimum qualifications for the job is important. Employers should not be blamed. They are actually following the law. Problem is the job position and minimum Requirements outlined in the job ad when an applicant applies to join the company.

Pappu, I am not Naive, I am working on a position which requires 8 years of experience with Bachelor's of Masters. It is not that they do not file my Green card in EB2 because I am not qualified or my job does not require the required degree of experience, it is because it was once filed in EB3 by another company which is not logical and which has nothing to do with the law. So, here the Employer is to be blamed.

Even when it was filed under EB3, I was qualified for EB2, it is just that at that time EB3 was not as hard to get as it is now and the lawyer thought, whey come under the scanner !!

[fide_champ]

Originally Posted by pappu

Eb2 is not based on if the person is us masters or 10 years experience. A person can be a phd and still be eb3. There is actually a computer science phd we came across stuck in eb3 because he is working in a programmer position that only requires the person to have 4 year degree. So you see the minimum qualifications for the job is important. Employers should not be blamed. They are actually following the law. Problem is the job position and minimum Requirements outlined in the job ad when an applicant applies to join the company.

Pappu,

I have seen some locals(high school passout with programming knowledge) do the programming as well as the degree holders, in some cases even better than the degree holders. So for most programming positions all it requires is programming knowledge and degree doesn't even matter. But these companies are smart, they advertise they need 4 year degree bcs they need the ability to hire H1-Bs. The companies can very well advertise advanced degree for the same position but they don't do it because they want to give themselves maximum chances to hire someone for the position.

The law is there for interpretation but these companies take the law at face value. They will bend the rules when customers are involved but not for employees.

[pappu]

Originally Posted by bsbawa10

Pappu, I am not Naive, I am working on a position which requires 8 years of experience with Bachelor's of Masters. It is not that they do not file my Green card in EB2 because I am not qualified or my job does not require the required degree of experience, it is because it was once filed in EB3 by another company which is not logical and which has nothing to do with the law. So, here the Employer is to be blamed.

Even when it was filed under EB3, I was qualified for EB2, it is just that at that time EB3 was not as hard to get as it is now and the lawyer thought, whey come under the scanner !!

Have you tried talking to the senior management of your company?
For a large company filing an application is not that expensive and they have a big human resource department to do all paperwork. So why is the a pushback?

If we qualify as eb2 based on the job position requirements, filing in eb2 is possible. It sucks for us in eb3 if it is refused.

The problem we see on forums with a lot of such posts is that people say they are USA masters and many years of experience and still they are in eb3. As per law it is the job requirements that qualify for eb2. So we need to be looking at minimum job requirements first and using that as a basis to claim qualification in eb2. The whole premise of saying we are USA masters and thus we should get eb2 is incorrect and that weakens the arguement. Change of arguement is required . For people whose job requirement is just a 4 year degree even though we have masters and many years of experience there is nothing companies can do and they are following he law. This is unfortunate but true. The only hope for eb3 at this time is HR 3012.

[indianocean]

Originally Posted by bsbawa10

Pappu, I am not Naive, I am working on a position which requires 8 years of experience with Bachelor's of Masters. It is not that they do not file my Green card in EB2 because I am not qualified or my job does not require the required degree of experience, it is because it was once filed in EB3 by another company which is not logical and which has nothing to do with the law. So, here the Employer is to be blamed.

Even when it was filed under EB3, I was qualified for EB2, it is just that at that time EB3 was not as hard to get as it is now and the lawyer thought, whey come under the scanner !!

You might want to use your experience and move on to another smaller company where they will port your EB3 to EB2. There is no point waiting for many more years. No one company is worth your time, most definitely not your current employer.

The market seems to be doing good. Move on and find a better place.

[bsbawa10]

Originally Posted by indianocean

You might want to use your experience and move on to another smaller company where they will port your EB3 to EB2. There is no point waiting for many more years. No one company is worth your time, most definitely not your current employer.

The market seems to be doing good. Move on and find a better place.

I just did. Resigned withing two months of being in Oracle.

[indianocean]

Originally Posted by bsbawa10

I just did. Resigned withing two months of being in Oracle.

Good for you and this is surely a wise decision.
You know, I was inflating a balloon for a party the other day and it became big and big and big and blew up in my hands. It was very unpleasant. Obviously, it was not made to grow that big.

[bsbawa10]

I tried all the way to senior management who was with me but again the ball went to the court of immigration director who gave dump and threatening reasons not to do so. She is the most dumb head and stubborn person because of whom this happened.

Here are some of the reasons:
1. If the green card has already been filed in EB3, Oracle will not file for green card under EB2 unless required by law.

My question to her (which I never asked) , Where did law come here ? Is filing at all in any required by law ? Is hiring an foreign national required by law ? Is acquiring companies required by law ? If no then why are they doing those things ?

2. Oracle does not refile under EB2 for sole purpose of cutting lines.

I never asked for cutting any lines. I did not even ask for porting. I asked for filing according to the job requirements and my qualifications.

3. If anyone does not adhere to Oracle Policy, he is subject to Termination.

This was a very nice threat to push back so that the scared employee does not request for anything.


I am just venting out. I wish I could argue these things and write to her boss as well but I did not.

[Rb_newsletter]

Originally Posted by bsbawa10

I am just venting out. I wish I could argue these things and write to her boss as well but I did not.

What can we say? All we can say is wish you all the best and wish your dreams come true asap.

[dipdowndust]

Originally Posted by bsbawa10

I tried all the way to senior management who was with me but again the ball went to the court of immigration director who gave dump and threatening reasons not to do so. She is the most dumb head and stubborn person because of whom this happened.

Here are some of the reasons:
1. If the green card has already been filed in EB3, Oracle will not file for green card under EB2 unless required by law.

My question to her (which I never asked) , Where did law come here ? Is filing at all in any required by law ? Is hiring an foreign national required by law ? Is acquiring companies required by law ? If no then why are they doing those things ?

2. Oracle does not refile under EB2 for sole purpose of cutting lines.

I never asked for cutting any lines. I did not even ask for porting. I asked for filing according to the job requirements and my qualifications.

3. If anyone does not adhere to Oracle Policy, he is subject to Termination.

This was a very nice threat to push back so that the scared employee does not request for anything.


I am just venting out. I wish I could argue these things and write to her boss as well but I did not.

I had exact same responses. It was funny that lawyer said, if HR Director asks us to do EB2 we will do it and HR director said that if Lawyer says we should do it then we will do it, so thats Deadlock in Oracle My manager and director were with me but they both got shot by HR with same threat of termination.

I do understand what are the challenges of porting from EB3 to EB2 since they have to prove certain criteria and management/lawyer have to be ready for it. But, if management is with you to prove the EB2 change then I think there is no problem. This is lot of work for lawyers they hire as they charge big bucks and therefore they dont want to get into this hassle. After all, you are not important to them at all unless you are really really high up or doing some cutting edge technology which most people dont.

In my case, my last company was in process of doing EB2, but by then Oracle acquired and file got dropped and Oracle was not ready to do it.

I recently heard that many companies due to EB2 and H-1B RFE, have stopped doing EB2 completely doesnt matter if you are on EB2 position or not.

I am looking right now, but its tough when you dont have GC as many companies dont want to do GC and I cant use my EAD card as that will doom any chance of EB2 change as once companies know you have EAD why they want to go thru hassle of GC filing.

I am not sure how to take this up the chain, but if somebody has any idea, I am up to discuss options.

[bsbawa10]

Originally Posted by dipdowndust

I had exact same responses. It was funny that lawyer said, if HR Director asks us to do EB2 we will do it and HR director said that if Lawyer says we should do it then we will do it, so thats Deadlock in Oracle My manager and director were with me but they both got shot by HR with same threat of termination.

I do understand what are the challenges of porting from EB3 to EB2 since they have to prove certain criteria and management/lawyer have to be ready for it. But, if management is with you to prove the EB2 change then I think there is no problem. This is lot of work for lawyers they hire as they charge big bucks and therefore they dont want to get into this hassle. After all, you are not important to them at all unless you are really really high up or doing some cutting edge technology which most people dont.

In my case, my last company was in process of doing EB2, but by then Oracle acquired and file got dropped and Oracle was not ready to do it.

I recently heard that many companies due to EB2 and H-1B RFE, have stopped doing EB2 completely doesnt matter if you are on EB2 position or not.

I am looking right now, but its tough when you dont have GC as many companies dont want to do GC and I cant use my EAD card as that will doom any chance of EB2 change as once companies know you have EAD why they want to go thru hassle of GC filing.

I am not sure how to take this up the chain, but if somebody has any idea, I am up to discuss options.

I do not think it is Oracle as a company which is not willing to do it. Oracle does file green card under EB2 all the time. The only unlucky ones are the ones who got it filed in EB3 through whatever company may be 10 years ago. If they never did that, they would be good and Oracle would file it under EB2 for them. It is one stubborn immigration Director not willing to understand/listen or even discuss. The best tool she has if you request is the threat of termination.

[dipdowndust]

Originally Posted by bsbawa10

I do not think it is Oracle as a company which is not willing to do it. Oracle does file green card under EB2 all the time. The only unlucky ones are the ones who got it filed in EB3 through whatever company may be 10 years ago. If they never did that, they would be good and Oracle would file it under EB2 for them. It is one stubborn immigration Director not willing to understand/listen or even discuss. The best tool she has if you request is the threat of termination.

I understand that Oracle does EB2 if all criteria are met, but for me I was just unlucky that in 2006, I initiated EB2 with different company and by 2007 beginning, Oracle acquired this company so I came in Oracle and then in July 2007 , everything became current under which I filed 485 and got EAD/AP. So, now Oracle says that since you have filed for 485, you have more flexibility in terms of job profile, so NO EB2. Oracle's policy is to act depending upon Lawyer's review and lawyer said that its not needed to do EB2, so HR says NO. Basically, its the immigration system which is messed up and these companies are too big to work on each cases and satisfy everybody's needs. Also, during EB3 filing process back in 2004, there was no discussion of retrogression and all.

[gk_2000]

Originally Posted by fide_champ

Pappu,

I have seen some locals(high school passout with programming knowledge) do the programming as well as the degree holders, in some cases even better than the degree holders. So for most programming positions all it requires is programming knowledge and degree doesn't even matter. But these companies are smart, they advertise they need 4 year degree bcs they need the ability to hire H1-Bs. The companies can very well advertise advanced degree for the same position but they don't do it because they want to give themselves maximum chances to hire someone for the position.

The law is there for interpretation but these companies take the law at face value. They will bend the rules when customers are involved but not for employees.

Mr. Fide, your post shows that you don't have enough understanding of a real programmer's job ..

A child can write programs, true. But, a grown-up who cannot study technical/business matter, follow processes, understand the world the application will be run on, is NOT going to meet the requirements of MOST companies out there making applications for the real world.
Maybe, just maybe, a co. like facebook would give him a chance, but he would likely not progress to become any kind of decision-maker.
If a company invests in someone, and they know he is not suitable for growing then they are wasting their effort

Human resource, like any other field, is best left to the professionals. Don't come butting in in matters you have no expertise on

[waitingnwaiting]

Originally Posted by dipdowndust

I had exact same responses. It was funny that lawyer said, if HR Director asks us to do EB2 we will do it and HR director said that if Lawyer says we should do it then we will do it, so thats Deadlock in Oracle My manager and director were with me but they both got shot by HR with same threat of termination.

I do understand what are the challenges of porting from EB3 to EB2 since they have to prove certain criteria and management/lawyer have to be ready for it. But, if management is with you to prove the EB2 change then I think there is no problem. This is lot of work for lawyers they hire as they charge big bucks and therefore they dont want to get into this hassle. After all, you are not important to them at all unless you are really really high up or doing some cutting edge technology which most people dont.

In my case, my last company was in process of doing EB2, but by then Oracle acquired and file got dropped and Oracle was not ready to do it.

I recently heard that many companies due to EB2 and H-1B RFE, have stopped doing EB2 completely doesnt matter if you are on EB2 position or not.

I am looking right now, but its tough when you dont have GC as many companies dont want to do GC and I cant use my EAD card as that will doom any chance of EB2 change as once companies know you have EAD why they want to go thru hassle of GC filing.

I am not sure how to take this up the chain, but if somebody has any idea, I am up to discuss options.

Isn't EB2 for people doing jobs that need advanced degrees and doing cutting edge work? So if someone is not oding such advanced level work Oracle is right. Is it following the law and it should be appreciated. Other companies violate the intent of the law and give a wrong name to employment based immigration.