Your guidance needed on my Green Card Issue

[vijayprabhu]

Hello,


I work at an insurance company and they have filed for my Green Card process. The HR let me know that they cannot proceed ahead because they found "qualified U.S. candidates" for my current job position.

I talked to my manager about this matter and she is willing to help me and has asked me to explore my options.

HR has stated that I am free to consult an immigration attorney but they are done as far as the Green Card process is concerned and will not be pursuing my case ahead.

When I contacted an immigration attorney, she said she would be willing to take up the case, but she said it is critical to have the company's backing.

*Here is the exact reason. HR reposted my job a couple of times and they got applicants whom they couldn't reject. HR has clearly stated that they cannot tweak the job description for their own reasons. That is the only reason why HR cannot proceed with my GC process*

1. Now is this job posting issue that attorney at my end can take care of or is it something the company has to be involved in?

2. I have a colleague who owns a consulting company which has a couple of employees. Now is it possible for him to file for my Green Card? If yes, can I transfer the next stage of the Green Card to my current company because the job posting issue seems to be the only problem.

3. Other than switching to another company, do I have any other options? In other words, I am looking for options to provide to HR for them to consider my case once again.

Kindly advise.

Thanks,
Vijay

 

[fromnaija]

Once an employer has found a suitable and qualified "US candidate", the employer could no longer pursue your immigrant petition. Without that first stage of labor certification being supported 100% by your employer, your lawyer cannot do anything.
The only option available to you, I believe, is to find another employer to continue your green card process.

 

[jefkorn]

1. Now is this job posting issue that attorney at my end can take care of or is it something the company has to be involved in?

I think company has to give its blessing on the job posting because it's their property so to speak. In other words, the company has to agree to what the job posting will look like.

2. I have a colleague who owns a consulting company which has a couple of employees. Now is it possible for him to file for my Green Card? If yes, can I transfer the next stage of the Green Card to my current company because the job posting issue seems to be the only problem.

Any company can file your labor if they have job opening that you qualify for. You don't have to join them untill you get your GC. You can use AC21 if the I485 has been pending for at least 180 days and the new job is in same or similar to the one for which labor cert was approved.

3. Other than switching to another company, do I have any other options? In other words, I am looking for options to provide to HR for them to consider my case once again.

Not sure if you do.

 

[GY123]

find CONSULTING company

Not sure why they would find a candidate "now" after they hired you and started the GC process.

In any case, instead of sticking with big companies which goes by the rules literally to take care of themselves to avoid any future issues, join a consulting company which will listen to you. I hate to say this, even though consulting companies are like parasites, one thing they do well is listening so that they can keep you.

BIG companies are good after GC although you could work as a consultant in their site.