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  #1 (permalink)  
Old 08-26-2010, 01:34 PM
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Default Recruitment process for labor certification

My employer started the recruitment process and they have got 4 applications for the position advertised. Experience required was MS+0.

Does anyone know what are the effect of having 4 applicants. What is the effect of this to obtaining the labor certification. Is getting more applications a bad situation for me?

I would really appreciate if someone could comment.

regards
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  #2 (permalink)  
Old 08-26-2010, 01:37 PM
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Originally Posted by ruwanb View Post
My employer started the recruitment process and they have got 4 applications for the position advertised. Experience required was MS+0.

Does anyone know what are the effect of having 4 applicants. What is the effect of this to obtaining the labor certification. Is getting more applications a bad situation for me?

I would really appreciate if someone could comment.

regards
Even if there is one applicant who fits the job profile, the process cannot be continued.
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  #3 (permalink)  
Old 08-26-2010, 01:47 PM
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Originally Posted by ruwanb View Post
My employer started the recruitment process and they have got 4 applications for the position advertised. Experience required was MS+0.

Does anyone know what are the effect of having 4 applicants. What is the effect of this to obtaining the labor certification. Is getting more applications a bad situation for me?

I would really appreciate if someone could comment.

regards
this was discussed in another thread.
the applicants should be interviewed too!
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  #4 (permalink)  
Old 08-26-2010, 02:10 PM
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Isn't it the job of the lawyer to review the resumes submitted and build a case to say why you are the best fit for this position? I am sure that's what the DOLis looking for as well - i.e. that the companies are following the protocol of advertising the position correctly and reviewing the resumes of candidates who apply. I think it will be a red flag if you don't show any resumes at this time esp. when the unemployment is so high as opposed to showing other resumes submitted.
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Old 08-26-2010, 02:26 PM
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Thanks guys. I am really worried how it will turn out. Hopefully they will be able to build a good case
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Old 08-26-2010, 02:37 PM
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Quote:
Originally Posted by sanju_dba View Post
this was discussed in another thread.
the applicants should be interviewed too!
could you please refer me to that thread? I could not find it.
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  #7 (permalink)  
Old 08-26-2010, 03:50 PM
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Originally Posted by ruwanb View Post
could you please refer me to that thread? I could not find it.
here it is
http://immigrationvoice.org/forum/fo...ponsoring.html (Letter from HR regarding Green Card sponsoring)
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  #8 (permalink)  
Old 08-26-2010, 09:18 PM
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All thanks for kind comments.

@sanju_dba - Thanks for the link but I do not think the thread you provided is in the same situation as mine.

@roseball - I am kind of surprise from your answer. I do not think it is possible currently(given economic situation) to post a job position and accept 0 applicants. Unless the job description has rare minimum requirements.

Company (Fortune 500) is currently interviewing the candidates and I am hoping the lawyer will be able to build up good case to reject the applicants.

Does anyone of you have information as to how many applicants were applied during your recruitment process? So I will be able to get an idea of that I am not in a exceptional situation.

I would appreciate all your comments.
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  #9 (permalink)  
Old 08-26-2010, 09:42 PM
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Angry Not lawyer's Job!

Quote:
Originally Posted by raghav0 View Post
Isn't it the job of the lawyer to review the resumes submitted and build a case to say why you are the best fit for this position? I am sure that's what the DOLis looking for as well - i.e. that the companies are following the protocol of advertising the position correctly and reviewing the resumes of candidates who apply. I think it will be a red flag if you don't show any resumes at this time esp. when the unemployment is so high as opposed to showing other resumes submitted.
Rule of thumb, lawyers are not supposed to be part of recruitment process, it should be the job of HR. Lwayer can advise based on evaluation completed by HR.
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  #10 (permalink)  
Old 08-26-2010, 09:46 PM
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Originally Posted by ruwanb View Post
All thanks for kind comments.

@sanju_dba - Thanks for the link but I do not think the thread you provided is in the same situation as mine.

@roseball - I am kind of surprise from your answer. I do not think it is possible currently(given economic situation) to post a job position and accept 0 applicants. Unless the job description has rare minimum requirements.

Company (Fortune 500) is currently interviewing the candidates and I am hoping the lawyer will be able to build up good case to reject the applicants.
Does anyone of you have information as to how many applicants were applied during your recruitment process? So I will be able to get an idea of that I am not in a exceptional situation.

I would appreciate all your comments.
If lawyer is involved in the recruitment process, its illegal and your PERM become invalid. Yes, as others pointed out if there are any qualified candidates the company can not file the PERM. Thats the law.

Last edited by snathan; 12-23-2010 at 10:44 AM.
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  #11 (permalink)  
Old 08-27-2010, 12:19 AM
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Originally Posted by snathan View Post
If lawyer is involved in the recruitment process, its illegal and your PERM become invalid. Yes, as others pointed out if there are any qualified candidates the company should take them and let you go. Thats the law.
Where do you find this information? Do you have a reference. Lawyer and the employer is fully involved in this process to understand candidates qualification and to see if they met the requirement and to see if they could reject them based on those requirement and business necessity.

I do not think any responsible company just hire someone else and let the PERM beneficiary go home. If it is the law or not.
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  #12 (permalink)  
Old 08-27-2010, 07:43 AM
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@ Snathan thank you for your extreme helpful comments. I am glad that you are educated about the GC process.

I am sure everyone one who went through GC process through employer got extreme rare abilities that none of the American's got...good luck with your I-140.
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  #13 (permalink)  
Old 08-27-2010, 01:57 PM
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Quote:
Originally Posted by snathan View Post
If lawyer is involved in the recruitment process, its illegal and your PERM become invalid. Yes, as others pointed out if there are any qualified candidates the company should take them and let you go. Thats the law.
There is no law that the employer has to lay-off/let go the PERM candidate and hire the qualified applicant. However, if a qualified applicant is found and he/she is willing to accept employment as per the requirements, then the law is that the PERM process cannot be continued at that point, meaning PERM cannot be filed.
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  #14 (permalink)  
Old 08-27-2010, 02:08 PM
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Quote:
Originally Posted by ruwanb View Post
All thanks for kind comments.

@roseball - I am kind of surprise from your answer. I do not think it is possible currently(given economic situation) to post a job position and accept 0 applicants. Unless the job description has rare minimum requirements.
I agree that its impossible to not receive applications in this economy. However, the key to the process is how many of those applicants actually meet the advertised educational and experience requirements, possess the listed skills, and are willing to accept the employment terms. An applicant can only be declared qualified/dis-qualified solely based on the minimum job requirements as advertised. If an applicant meets all the requirements, then he/she has to be interviewed for the position. It definitely would raise a flag, incase a qualified applicant is not selected after the interview especially in this economy, unless the applicant rejected the job offer and even in such cases, the employer needs to show proof that an offer was extended and the applicant denied it.
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  #15 (permalink)  
Old 08-27-2010, 03:21 PM
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Quote:
Originally Posted by raghav0 View Post
Isn't it the job of the lawyer to review the resumes submitted and build a case to say why you are the best fit for this position? I am sure that's what the DOLis looking for as well - i.e. that the companies are following the protocol of advertising the position correctly and reviewing the resumes of candidates who apply. I think it will be a red flag if you don't show any resumes at this time esp. when the unemployment is so high as opposed to showing other resumes submitted.
It is not the job of the lawyer to say why you are a better fit for the position. It is the job of the company. The lawyer is not the one hiring you, it is your company. Unfortunately, with an MS+0 experience, you are in a position where it is highly likely that your labor would be denied. You need to be able to show that another person with an MS+0 who does not need sponsorship is not as good as you. Even if they are reasonably as good as you, it will not be approved. See if you can get the requirements modified.
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