Green card Processing - Risks

I

immquest

Registered Users (C)
Hi All:
I'm about to join a major US company - the company is under lot of investigations right now.I had worked for that company as a consultant for almost 3 years.

I heard recently that in INTEL several persons who had applied for green card were laid off - reason - INS sent INTEL a bunch of people(citizens) who had the same skillsets as those persons and insisted on INTEL interviewing them.

I'm not sure how true this story is.
But could this happen?

>Does this depend on the company's present status?
>How safe will it be at this point of time to start my green card processing(not considering my project status)?
>Does this happen to everyone applying for green card or is it done in random?

Any replies will be appreciated.
 
I do not see a reason

I am not sure how reliable the news you quoted about Intel, I have few friends working for Intel. They never heard about it. Since you said you are going to work as a consultant I do not see an issue with that.
 
In a traditional (non RIR) labor certification, DOL supervises the recruitment efforts and sends resumes of qualified candidates to the employer for interviewing. If the employer fails to offer a job to a qualified US worker the GC will fail since the LC will be denied (the only reason the GC is being issued is because there are no qualified US workers available).
 
Thanks for your replies.
Mr Jim, you said
"If the employer fails to offer a job to a qualified US worker the GC will fail since the LC will be denied"
1.Does that mean if my employer picks some one, GC process will be unaffected?Please explain as I'm not clear about this
2.What will happen to my H1 visa in that case?
Thanks.
 
Dear immquest,
I can understand your confusion. Please understand:
1. Your H-1 visa is approved for a specific period, and may be extended up to six years, and beyond that if your I-140/I-485 application is pending for over a year, by one year at a time. Rejection of your Labor certification is quite independent of that.
2. Of course, if your employer has only one specific position which you are holding, the employer may terminate your H-1, on finding a suitable US worker.
3. The qualified US worker has to be offered the position at the minimum salary which has been determined by DOL; he may reject the salary even if qualified and this has to be documented for the DOL. Qualification would include education and work experience--which again has to be properly documented.
In the current soft economy, you may only pray and hope!
Best of luck!
 
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