Does anybody know if Oracle files green card

[sac-r-ten]

Originally Posted by chanduv23

The issue is not with lawyers or employers. The main issue is that due to non clarity of the issue people face, the issues have never been collectively addressed.
When lawyers or employers behave in a way that does not help you - do you have any negotiating power or bargaining power?

Not just with immigration, but almost everywhere there is this problem.

Are we all born to suffer? Why do we suffer? We fall into unfortunate situations we really don't have a solution. But, if we find a way for a solution - and work towards it, maybe it will help us?

There is no point in blaming lawyer or employer for not helping you with immigration issues.

cant say it better..." find a way for a solution - and work towards it".

Manzil Muskil to kya,
Bundla Sahil to kya,
Tanha Ye Dil to Kya
.....
Yeh Hosla Kaise Juke,
Yeh Aarzoo Kaise Ruke


cheers.

[immigration_wanderer]

Hi ,
I am thinking of joining Oracle within a few weeks and would like to know some current facts if some one can share about Oracle policy on EB3-EB2 Porting.

On reading this thread i got a sense that Oracle will not apply for EB2 if the employee already has an approved EB3. I am in this bucket as i have my EB3 approved from another company and my date is not current and i am looking forward for oracle to file it under EB2.

Someone mentioned something about the HR director taking this call and not allowing it. is it still true ?

[Murthy]

Yes it is true.No porting business for Oracle.They will do fresh EB2 for eligible persons but never porting to eb2 from approved eb3.

[sripk]

Unfortunately they don't file new EB2 if you already have pending i485 in EB3 category so if you intend to port then you should consider other companies who do it. Check with your hiring manager/HR contact to confirm this is the case. This applies to existing employees but since you are joining as a new hire you may negotiate and see what they say.

[bsbawa10]

There is no such thing as "Oracle Policy" on this thing but as long as that so called immigration director exists in Oracle, she will not let it happen. She is obsessed with not letting that happen even if you are a well deserved candidate.

[immigration_wanderer]

Hi Murthy, sripk, bsbawa10.

Thanks for the replies, This is really disturbing.

I have an EB3 I-140 but my priority date is not current, hence i don't have an applied /pending I-485.

Can i know some details about your cases as i am confused what has happened in your cases.
When you joined Oracle did you guys have an EB3 I-140 and pending I-1485 and hence they didn't move you to EB-2

or

you guys just had EB3 I-140 and no I-485 as the date was not current and still Oracle did apply for EB-2.

This information would help me in making a decision.

Thanks and i appreciate all the responses, we should have these finer details mentioned and noted for each company at some place so people can be aware of the pitfalls and advantages of each company and make informed choices.

Thanks

[dipdowndust]

I think you should check with HR about your porting concern and see what they say. If their response is vague then most likely they dont know about the process and chances are it wont really happen. Oracle's Policy is to do whatever is legally suggested by the law firm they hired to fulfill their employees immigration needs. If lawyer says you need porting by law then Oracle will do it and if they say its not required by law and your current status is sufficient to carry on your job at Oracle then it will not happen.

In my case I became Oracle's employee by acquisition and right after we came into Oracle, 2007 fiasco happened due to which my I-485 got filed, so when I tried to do porting, lawyer said that since you already have filed for I-485, legally you do not require new labor as my existing immigration status provides me enough flexibility to do any level of work without really filing a new labor. But then, lawyer also said that if your management wants to still file your labor, we will do it (I didnt understand this part as this means there is no real law like what they stated me because lets say my management said yes then they would have done it ????). Thats when I brought in my management who asked HR director to go ahead as lawyers take orders only from this HR director but HR director, which other people have mentioned shot them down by dreadful emails stating that if you do not adhere to Oracle's Policy then you can loose your job.

In your case, its little different since you are joining Oracle as a NEW employee. So, check with HR see what they say and then take decision. If they are not accurate about this, dont join if your goal is to move forward your immigration status. Once you join, you will surely be stuck. Dont think that you will join and then you will fight it out or something will happen.

Bottomline, problem is with law and whole immigration system and we cannot blame one company or lawyer. Law/system needs to be changed to simplify it and make it easier for people to utilize it with acceptable wait time.

Good luck !!!

[immigration_wanderer]

Hi
Thanks for the answers from forum members.


This is the answer i received and i am really need some advice on this situation.
I have spoken with the manager multiple times but to of no use this is the same answer i am getting from him and now i am at a standstill

A new hire with an approved PERM LC and I-140 filed by a previous company will have to restart the greencard process over from the beginning. Oracle would need to do a new PERM LC and after that's approved, move forward with an I-140. We'd plan to leverage the previously established priority date from the other employer's application. However, we cannot commit to whether the Oracle case will ultimately process in EB2 or EB3 category.


Can or should i take a risk in joining the company and trying to see if i can get an EB-2 once inside . or should i not hope to get that as you guys have faced this hurdle and tried but was in vain.

I would like to know from everyone when did the instances happen with them. Was it less than a year back or more than that ?

[a.j.2048]

Ask the hiring manager if he will affirm that the position requires MS+3 or BS+5 when the lawyer asks, since this is what will determine if the lawyer can prepare the case for EB2.

If the manager is not able to answer this, I'd recommend looking for another job from an immigration perspective. Obviously you can join Oracle and jump ship to another employer soon as possible, as well.

[student79]

Dear Friends,

Please help in this confusing situation.

I have I-140 approved (EB2) and in my current situation I am staying away from my family as my wife is studying and I have to move to another place due to job. Now I have an offer from Oracle, and job is 80% to 100% travel and want to accept that as it will give me opportunity to see my family once in a week.

Question:

1. Is it safe to join travel job while on H1B.
2. Does company like Oracle also has to provide client letter to USCIS as I may be travelling to different clients every week.
3. What about GC process, as far I am aware labor is dependent on location of job, and in this case I will be travelling to different location, how Oracle will handle this situation? Will there be any problem during filing labor certificate for PERM or porting date during I-140?

I appreciate your help.

Thanks in advance.

[student79]

Friends, please give me suggestion/answer for above question.

I have to take decision for yes or no.

Your help is really appreciated.

[njverifier]

Originally Posted by student79

Dear Friends,

Please help in this confusing situation.

I have I-140 approved (EB2) and in my current situation I am staying away from my family as my wife is studying and I have to move to another place due to job. Now I have an offer from Oracle, and job is 80% to 100% travel and want to accept that as it will give me opportunity to see my family once in a week.

Question:

1. Is it safe to join travel job while on H1B.
2. Does company like Oracle also has to provide client letter to USCIS as I may be travelling to different clients every week.
3. What about GC process, as far I am aware labor is dependent on location of job, and in this case I will be travelling to different location, how Oracle will handle this situation? Will there be any problem during filing labor certificate for PERM or porting date during I-140?

I appreciate your help.

Thanks in advance.

Oracle files LCA everytime there is a change in work location in H1B case. An LCA is needed if work location is different than what is mentioned in your H1B petition. I am on H1B since past 9 years and I've been with Oracle for over 7.5 yrs now and have been traveling all the time. Leave the job and location to Oracle attorneys when they file for GC. Just make sure that the Job you are accepting falls under EB2 category and that you actually qualify for it. If not Oracle attorneys will make it a big deal and will file your case in EB3 just like they did for me and will make you suffer. Hope this helps.

[student79]

Thanks so much for your reply.

Hiring manager told me they have projects max 2-3 weeks here and there.

so does that mean oracle will be filing LCA after every 2-3 weeks ?

I already have I-140 approved in EB-2, still oracle can cause issue for to file new PERP process in EB-3 ?

Thanks so much again for your help.

[njverifier]

Originally Posted by student79

Thanks so much for your reply.

Hiring manager told me they have projects max 2-3 weeks here and there.

so does that mean oracle will be filing LCA after every 2-3 weeks ?

I already have I-140 approved in EB-2, still oracle can cause issue for to file new PERP process in EB-3 ?

Thanks so much again for your help.

Yes they will file LCA everytime unless you are working remotely from your home/local Oracle office, it is not an Oracle policy in a USCIS rule and you should make sure you will follow it(if not you will be in trouble).

As long as your 485 is not filed you will have to have your new employer file for new GC process. So answer is yes Oracle will file new GC from scratch. You already have an approved EB2 doesn't mean that your case will be filed in EB2 unless the job you are taking up falls in EB2 category and you qualify for it so check and re-check the job qualifications.

I don't want to discourage you but - Not sure what you will be working on, lay offs are very common in Oracle(especially consulting practice). if you are on bench for more then 4 weeks you will be under the radar. So think twice before you make a move. Oracle maintains a very strict hire and fire policy(inquire about this with your other colleagues and friends).

Wish you good luck.

[student79]

I will be working as a DBA - Oracle Application EBS/SOA/Fusion Middleware/Agile/Demanta

But I really agree with you.

and heartily thanks to you for your kind advise.

I have to re-think