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Life After The Green Card How soon can you leave your employer. All other issues after the green card.

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  #1  
Old 14th January 2004, 01:24 PM
valerit1 valerit1 is offline
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Posts: 64
Did anyone have this problem?

Hi,

I am a green card holder applied for a job with nuclear facitily,
which does not require security clearance, so I am eligible for the
position, which I verified. BUT - I happened to be a citizen
of a country which is on a DOE (department of energy) list of
"sensitive" countries, (which, BTW, include China, India, all
former USSR, etc.). I am still eligible, but have to go through
a DOE "background check" at my potential employer's request
BEFORE being hired, and if I come out clear - OK. BUT - the
f!@#$% check takes up to six months!!!! - who is going to wait
and hold the position open for me for so long? The employers
know how long it takes, so they do not even try - I get rejected
up front, once they know where I am from, even if they want me. Anyone knows a solution for this discriminatory situation? I called DOE - they are "very sorry"!



Val
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  #2  
Old 20th January 2004, 05:40 PM
std std is offline
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Quote:
Originally posted by ****
Nothing you can do anything about.
That's the way it is.
****:

If I understand you correctly, a company that does not require security clearance may still have its own "sensitive" list and if you are from a country that is on the list you most likely will drop out of the competition.






Last edited by std; 20th January 2004 at 05:49 PM.
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  #3  
Old 20th January 2004, 09:34 PM
std std is offline
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Quote:
Originally posted by ****
No, I didn't say that.
A general "sensitive" list would be discriminatory.
But, for operators of critical infrastructure, like power plants, there can very well be additional considerations. Such considerations have to be official government policy, i.e., it would not be allowed to just claim that such considerations exist. While I haven't checked the DHS information, I do know that they have a focus on critical infrastructure.

****:
Thank you for the clarification. I have had similar experience with a well known company. After submitting my resume, I have received a questionaire and one of the questions was:

"Are you, or have you ever been, a citizen of any of the following countries? Please answer Yes or No.
Iran, Iraq, North Korea, Libya, Cuba, Syria (It may be very difficult to obtain an ECL for these.) or Afghanistan, Romania, Angola, Russia, Armenia, Kazakhstan, Rwanda, Azerbaijan, Serbia, Albania, Kyrgyzstan, Sudan, Belarus, Laos, Bulgaria, Latvia, Tajikstan, Burma, Turkmenistan, Cambodia, Lithuania, Ukraine, China(PRC), Macau, Uzbekistan, Moldova, Vietnam, Estonia, Mongolia, Georgia, Montenegro"
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  #4  
Old 21st January 2004, 09:45 PM
valerit1 valerit1 is offline
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Quote:
Originally posted by ****
No, I didn't say that.
A general "sensitive" list would be discriminatory.
But, for operators of critical infrastructure, like power plants, there can very well be additional considerations. Such considerations have to be official government policy, i.e., it would not be allowed to just claim that such considerations exist. While I haven't checked the DHS information, I do know that they have a focus on critical infrastructure.

****:

You did not get it quite right. It is an OFFICIAL list of Department
of Energy, nationals off this list should be background checked. BUT - this is where the discrimination starts - they have the same right as US citizens (provided no clearance required) once background check shows them clean. So the company HAS to wait for clearance, after all the length of this period is government imposed. But they do not want to wait, they simply avoid people from these countries, which is illegal, but hard to prove.
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  #5  
Old 26th January 2004, 12:48 PM
dboca dboca is offline
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I have a question about this: is the company itself responsible for getting the security clearance or the prospective employee's responsibility? In other words, if one wants to get security clearance on his/her own way ahead of time, is this possible?

Thanks.
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  #6  
Old 27th January 2004, 01:13 AM
cpwaltair2 cpwaltair2 is offline
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Quote:
Originally posted by ****
It is my understanding that you can get a security clearance independently of any job offer. I have no idea how to go about it, though.
I am a GC holder. Recently I asked my employer about the process of getting security clearance, and if there is anything I can initiate on my own ( so that, if we get any federal projects, I will be able to work on them). He said, only th company can start the process and not any individual. He/I may be wrong, In case anyone knows the answer/process for sure, it would be very helpful.
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  #7  
Old 27th January 2004, 10:23 AM
kd1403 kd1403 is offline
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This thread relates to security clearance in usa:
http://forums.job-secrets-revealed.c...pic.php?p=4370
__________________
Disclaimer: I am not a lawyer. My replies are based on knowledge gained on immigration sites & my studies on US immigration. It is always good to consult an immigration attorney such as Rajiv Khanna. If you have specific questions for me, please PM me.
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  #8  
Old 27th January 2004, 06:04 PM
valerit1 valerit1 is offline
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Well, good luck! According to all my calls to government departments:

1. You can receive a security clearance with a green card
ONLY if there is no US citizen to do the job - and I do
not think the phony H-1 process will do.

2. No, you cannot apply on your own - someone
has to sponsor you.
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  #9  
Old 27th January 2004, 06:44 PM
std std is offline
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Quote:
Originally posted by valerit1
Well, good luck! According to all my calls to government departments:

1. You can receive a security clearance with a green card
ONLY if there is no US citizen to do the job - and I do
not think the phony H-1 process will do.

2. No, you cannot apply on your own - someone
has to sponsor you.

Hi Valerit1:

How do the businesses prove that there is no U.S. citizen for the security clearence position in order to hire a GC holder? Is it the same as labor certification?
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  #10  
Old 31st January 2004, 02:13 PM
valerit1 valerit1 is offline
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Quote:
Originally posted by std
Hi Valerit1:

How do the businesses prove that there is no U.S. citizen for the security clearence position in order to hire a GC holder? Is it the same as labor certification?

I do not know, you can try and call the appropriate gov.
department. I would not waste my time, though. You do not
serously think you can get it without being a US citizen,
particullary these days, do you? For where a clearance is
required bureoucracy is much more important than performance.
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  #11  
Old 2nd February 2004, 11:32 AM
std std is offline
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Quote:
Originally posted by valerit1
I do not know, you can try and call the appropriate gov.
department. I would not waste my time, though. You do not
serously think you can get it without being a US citizen,
particullary these days, do you? For where a clearance is
required bureoucracy is much more important than performance.

Valerit1:

The defense companies have a lot of resumes from U.S. citizens. Maybe it is possible to get a job with GC if you have a personal relationship with the president of that company.
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  #12  
Old 14th February 2004, 05:42 PM
valerit1 valerit1 is offline
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Quote:
Originally posted by std
Valerit1:

The defense companies have a lot of resumes from U.S. citizens. Maybe it is possible to get a job with GC if you have a personal relationship with the president of that company.

In this case you will get a job even if you are illegal.
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