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  #16 (permalink)  
Old 07-29-2010, 02:14 PM
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Originally Posted by GeetaRam View Post
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All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. . Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
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  #17 (permalink)  
Old 07-29-2010, 02:19 PM
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Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case . One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!

In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.

Last edited by gc_check; 07-29-2010 at 03:21 PM.
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  #18 (permalink)  
Old 07-29-2010, 02:31 PM
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Originally Posted by gc_check View Post
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !!
In that case, employers should mention the following in the offer letter

" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
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  #19 (permalink)  
Old 07-29-2010, 02:35 PM
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Originally Posted by GeetaRam View Post
Add CareFirst - Blue Cross Blue Shield
Legg Meson

All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
advise forall my friends (ots free)
don't comprise on these things on job here:
GC
Salary
Position

Based on my experience here if you are good you will find your own way. Take everything in written or say no directly (it happens, no word of mouth)
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  #20 (permalink)  
Old 07-29-2010, 02:44 PM
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you crack me up. You seem to be really pissed off and dont want to listen right now beating around the same point. Take a deep breath, calm down and think about reality.

An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.

Are you suggesting that in their offer letter they should imagine all the possible scenarios.
Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.

I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)


Quote:
Originally Posted by uma001 View Post
In that case, employers should mention the following in the offer letter

" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????

Last edited by wizkid732; 07-29-2010 at 02:48 PM.
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  #21 (permalink)  
Old 07-29-2010, 02:46 PM
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@uma001
I understand your situation because you had posted elsewhere on exactly what happened to you.

Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.

Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.

When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)

I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.

One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
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  #22 (permalink)  
Old 07-29-2010, 02:48 PM
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Quote:
Originally Posted by uma001 View Post
In that case, employers should mention the following in the offer letter

" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.

Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.

It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.

There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.

A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.

Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.

Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
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  #23 (permalink)  
Old 07-29-2010, 02:50 PM
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I think you are talking out of frustration. Take your emotion out and think rationally. Why it takes 3-4 years for you to understand they are not going to start the GC process. Once its evident in 1-2 years they are giving all damn excesses...donít you need to start looking for other opportunity. They might be ethically wrong but its not illegal. Again you are just venting your frustration.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
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  #24 (permalink)  
Old 07-29-2010, 03:03 PM
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Quote:
Originally Posted by uma001 View Post
In that case, employers should mention the following in the offer letter

" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story

I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.

The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
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  #25 (permalink)  
Old 07-29-2010, 03:42 PM
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@wizkid...Nice job!! Go on and pile it on the poor sod!

You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!

@uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.

I wish you all the best and Take care!
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  #26 (permalink)  
Old 07-29-2010, 04:42 PM
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Never been in a dire situation??
  • August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby

poor sod! ???? No Comment :-)


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Originally Posted by bondgoli007 View Post
@wizkid...Nice job!! Go on and pile it on the poor sod!

You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!

@uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.

I wish you all the best and Take care!

Last edited by wizkid732; 07-29-2010 at 04:58 PM.
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  #27 (permalink)  
Old 07-29-2010, 04:55 PM
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wizkid , You are absolutely right. Reading your story is just a great inspiration.
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  #28 (permalink)  
Old 07-29-2010, 05:02 PM
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I hope the process is improved. There cannot be so many loopholes where in some get it some dont. Everyone is hardworking and deserve a GC. The waiting game is too painful.

I edited my post as i didnt want to offend anyone. I was just chiding not to crib.

Remember you always have two options for everything. It depends on which one you take.

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wizkid , You are absolutely right. Reading your story is just a great inspiration.
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  #29 (permalink)  
Old 07-29-2010, 05:19 PM
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Originally Posted by wizkid732 View Post
Never been in a dire situation??
  • August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby

poor sod! ???? No Comment :-)
15 years is too long. Khudos to you

I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.

FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.
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  #30 (permalink)  
Old 07-30-2010, 08:47 AM
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It is a painful long journey. Remember there are always alternatives, just be prepared and dont put all your eggs in one basket. I did that once GC, House and School all supported by one job and when I was laid off all came crashing.

I wish you all the very best.

Quote:
Originally Posted by uma001 View Post
15 years is too long. Khudos to you

I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.

FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.
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