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  #16 (permalink)  
Old 07-20-2010, 12:12 PM
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The company is screwing you knowing that you do not have options to get greencard. If you find another job and resign they may negotiate and start your greencard ASAP. You need to show that they have sommething to lose if you leave. Unless you show your value they will not care. This is a mistake a lot of peope make.

HRs are known to stay away from hard work on immigration matters, even if it means just signing a form that lawyer send them.
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  #17 (permalink)  
Old 07-20-2010, 12:27 PM
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Default You should talk to your manager

Quote:
Originally Posted by uma001 View Post
They did not put all the necessary skills in the job description. For the kind of description they put, anybody can apply. Since it's a fortune 500 company, HR does noto cooperate much with me . Why should they lay off US citizen and take me and not doing green card. And that guy was earning 60% of what I am earning now. The work I am doing is not a simple work though. They did it knowingly. I posted this mail so that others could understand how fortune companies use and throw h1 guys. I am planning to move to consuting company. I cannot risk joining another american company and wait till probationary period and delay the filing. I lost the patience.
HR does not write job description. If the additional skills are indeed required then you should talk to your manager or the department head who help write the job description. Essentially what you are telling me is that HR is trying to force a person without the required skills into the organization. HR doesn't make those decisions...eventually those decisions are made by the business unit.
Don't get me wrong...I sympathize with you. But your best bet is to talk to your manager (and through him get to the person who actually writes the job description) to get the description updated with the exact skills required.
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  #18 (permalink)  
Old 07-20-2010, 12:30 PM
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Quote:
Originally Posted by uma001 View Post
I spoke to HR long time back about this. They are not listening to me. They said Vp has selected two candidates. I tried to explain them that just selection of two candidates is not enough, they need to be interviewed, even if they are selected after technical interview, there are chances that they can be rejected in final round of interview (HR or some other). They did not agree for that. My VP told me directly that "we found the candidates". They totally put my PM outside the loop. Whenever I asked my PM about the happening he said 'Don't worry, it will be taken care'. This is health care company ranked between 400 - 420.
Looks like u work for the same firm I used to work for
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  #19 (permalink)  
Old 07-20-2010, 12:41 PM
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Quote:
Originally Posted by illinois_alum View Post
HR does not write job description. If the additional skills are indeed required then you should talk to your manager or the department head who help write the job description. Essentially what you are telling me is that HR is trying to force a person without the required skills into the organization. HR doesn't make those decisions...eventually those decisions are made by the business unit.
Don't get me wrong...I sympathize with you. But your best bet is to talk to your manager (and through him get to the person who actually writes the job description) to get the description updated with the exact skills required.
VP wrote the job description and VP do not want PM to be involved in this.When I asked PM about this he said it is not in his hands and VP and HR did not involve him in these matters.
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  #20 (permalink)  
Old 07-20-2010, 12:48 PM
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This was the email I received from HR after all the steps for filing were done.


From:
Sent: Monday, January 05, 2009 11:20 AM
To:
Cc:
Subject: RE: Green card filing

Hi there Uma,
We are in the final steps of the process. Outside counsel is working on their last piece as am I. I spoke with everyone last week. It will be completed when you do the final sign off. I will let you know when to expect the 9089 when I find out from Legal.
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  #21 (permalink)  
Old 07-20-2010, 12:48 PM
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Default That is a clear message from the company...

Quote:
Originally Posted by uma001 View Post
VP wrote the job description and VP do not want PM to be involved in this.When I asked PM about this he said it is not in his hands and VP and HR did not involve him in these matters.
That is as clear as it gets...the company doesn't need you now. Maybe at one point in time, they did need you...but they don't now. The best course of action is to look for another job and quit this company. They don't want to lay you off directly but that is what they are saying...after the 6 yrs are over on H1B, you cannot work any longer and so they will then ask you to quit.

In fact, its quite possible...that they will use your remaining time with the company to transfer your knowledge and skills to the new hire. If you have options, I say quit as soon as you can. Only then will they know your true worth. And then if they come back for negotiations, I would suggest you negotiate saying you will quit for now and join back once they complete the labor filing (or once labor is cleared and they file the Immigrant peition or I-140 for future employment).
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  #22 (permalink)  
Old 07-20-2010, 01:26 PM
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It is clear that the employer does not want you. If you have the freedom to find jobs, you should find a job. This is free market. No employer cares for the employee and vice versa. They both care for their interests. This is not India where employees start with one company and retire with the same company thinking they are loyal to their master. Even government employees call themselves 'Government servants'. This is so sick. Get out of the company if you have the possibility of finding a new job., If you are in a big city, you can find many jobs.
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  #23 (permalink)  
Old 07-20-2010, 01:33 PM
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I am the only person from whom they took the documents and did not file green cards. For other H1s, they did not take documents ,but denied doing green cards. One guy got lucky and his labor is approved. Eight H1s guys planning to quit sooner or later.
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  #24 (permalink)  
Old 07-20-2010, 01:47 PM
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Quote:
Originally Posted by eastindia View Post
It is clear that the employer does not want you. If you have the freedom to find jobs, you should find a job. This is free market. No employer cares for the employee and vice versa. They both care for their interests. This is not India where employees start with one company and retire with the same company thinking they are loyal to their master. Even government employees call themselves 'Government servants'. This is so sick. Get out of the company if you have the possibility of finding a new job., If you are in a big city, you can find many jobs.
What happened to the promise they made before I joined?
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  #25 (permalink)  
Old 07-20-2010, 02:30 PM
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Originally Posted by uma001 View Post
What happened to the promise they made before I joined?
I have experienced this first hand at the hand of a fortune 150 insurance company. Needless to say, I quit and joined a consulting company which promptly started my GC process.

I suggest you do the same. However, you should also weigh all the pros and cons of this option (career path, problems with H1B extension, getting long term projects, etc)
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  #26 (permalink)  
Old 07-20-2010, 03:20 PM
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Default confused

[quote=uma001;1970623]
As you know, we had every intention of submitting a PERM application on your behalf as well. Unfortunately, when we went through the recruiting process, we were able to identify US workers who met the minimum qualifications for the position and were available to work. Therefore, we could not proceed to the next step because we were not able to state that no other qualified US workers were available to fill the position. If we find qualified US workers during the recruiting phase, we cannot continue with the PERM application because it will be denied.
QUOTE]

Why are they going to the recruiting process again for the same position after selecting a candidate 2 years back? Is there anything that I am missing to understand? Is there anything in the GC process that says the employer needs to recheck for the US citizens periodically? They should not apply the labor delays to the hiring process. Had you not been from India and finished complete process in 1 year, and you have already joined in the company, what would be their position?
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  #27 (permalink)  
Old 07-20-2010, 03:55 PM
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[quote=jelo;1970868]
Quote:
Originally Posted by uma001 View Post
As you know, we had every intention of submitting a PERM application on your behalf as well. Unfortunately, when we went through the recruiting process, we were able to identify US workers who met the minimum qualifications for the position and were available to work. Therefore, we could not proceed to the next step because we were not able to state that no other qualified US workers were available to fill the position. If we find qualified US workers during the recruiting phase, we cannot continue with the PERM application because it will be denied.
QUOTE]

Why are they going to the recruiting process again for the same position after selecting a candidate 2 years back? Is there anything that I am missing to understand? Is there anything in the GC process that says the employer needs to recheck for the US citizens periodically? They should not apply the labor delays to the hiring process. Had you not been from India and finished complete process in 1 year, and you have already joined in the company, what would be their position?
Jelo thats correct. If your initial hiring (H1b application) falls within 6 months of your filing for labor then they are able to use the original advertisements etc. If the labor is decided to be filed at a later stage (year/s later) then they have to re-advertize, wait 45 days or so and then if no application is recieved or all other applicants are found unsuitable proceed with the LC.
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  #28 (permalink)  
Old 07-20-2010, 04:17 PM
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Default Hmm

Thanks for the Response..
But OP did not say that the application filed 2 years back is H1b. It is wrote PERM application and is approved after 2 years. So his original H1b approval took 2 years? Original message having 'PERM application' twice is confusing me. Please clarify if they meant different
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  #29 (permalink)  
Old 07-20-2010, 04:45 PM
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Oh! This is just an lame excuse by the company. It seems to me that VP just doesn't want any H1 guy in their company. May be Now after all the work is done they Now realised and wanted to show "How much they care about America."


UMA , did they give it in writing or something that they will apply for GC?
Also not all the fortune companies do the same thing. So don't just apply to a consulting company .
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  #30 (permalink)  
Old 07-20-2010, 04:49 PM
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[quote=jelo;1970868]
Quote:
Originally Posted by uma001 View Post
As you know, we had every intention of submitting a PERM application on your behalf as well. Unfortunately, when we went through the recruiting process, we were able to identify US workers who met the minimum qualifications for the position and were available to work. Therefore, we could not proceed to the next step because we were not able to state that no other qualified US workers were available to fill the position. If we find qualified US workers during the recruiting phase, we cannot continue with the PERM application because it will be denied.
QUOTE]

Why are they going to the recruiting process again for the same position after selecting a candidate 2 years back? Is there anything that I am missing to understand? Is there anything in the GC process that says the employer needs to recheck for the US citizens periodically? They should not apply the labor delays to the hiring process. Had you not been from India and finished complete process in 1 year, and you have already joined in the company, what would be their position?
Jelo,

I did not post the questions I asked HR

Here is the question. Recently labor for another guy is approved after two years in audit. I was thinking that they were scared becos of audit and decided not to do green card procesing. So I wanted to try this last time.

Hi,

I heard that XXXX's labor is approved. Itís a good news for the company. Since approval of labor is not an issue anymore, responding to queries is easy, Is there any chance that green card process can be started for other H1 employees also?.
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