Cannot be hired with H1B for jobs with travel?

P

paulnews

Registered Users (C)
Dear guru,

I am feeling very frustrated, please advise. Recently I was rejected a job because of the reason that tehir legal advisers told the recruiter they cannot hire/transfer H1B to for a consulting position that requires > 50% travelling (within US). I had been on H1B for 2 other companies and had read I-129 in detail.

Can you please point out which phrase of the visa has this restriction?

Can I sue the company for no equal employment right?

Thanks,
- Paul
 
Not True.

Then how can forexample Oracle Corporation sponsors thousands of h1 visa for its consulting practice. those consultants travel every week and they roughly work 1-2 clients per week and return to their home (wherever it is) during the weekend. this can be done by 2 way: One by maintaing the consultant location in one place and then travel for short duration. even dol regulation states that you need fresh labor and amended h1 if the new location is more than 60 days. Second while applying labor you can specify as unanticipated location (meaning entire usa) and then file h1.

moreover you dont have to mention about travel frequency while applying h1 or labor.
 
this can be done by 2 way:
One by maintaing the consultant location in one place and then travel for short duration. even dol regulation states that you need fresh labor and amended h1 if the new location is more than 60 days.

Second while applying labor you can specify as unanticipated location (meaning entire usa) and then file h1.

Thanks for your reply. But I do not quite understand what you said. The company cannot confirm which location and how long each project last. You mean that we need H1B amendment everytime location change? That's quite ridiculous, after all, we are still working for the same company, same type of task, just that the client of employer changed.

How to count 60days if we goto the location during weekdays and go home during weekends?

For second way, is it okay to state unanticipated location? Will it affect Labor Cert if we try to apply GC later?

Sorry, unrelated question: Is there a better way for GC because actually the job is in extreme shortage for the entire U.S. that's why people are posted around ...

moreover you dont have to mention about travel frequency while applying h1 or labor.

The recruiter said this is the way other people do it but their legal dept (big company) want to follow the law strict.

Any advice, PLEASE!!!!
 
How oracle does it?

Get LCA for major hubs and do H1 based on that. Avoid mention of travel - as part of a primary requirement for a consultant. Send consultants to client sites not covered by LCA.
H1 laws are strict, you need an LCA for the place you work in. As suggested by the user, treat the client side consultancy as temporary travels. As long as billing and salary emanates from the HQ, travel to a client site will not be an issue.
I think you and your company are approaching the issue in a self destructive way.
 
As long as the person does not change residence (register cars, rent apartment, change driver's license, . . .) I would argue that the visit is temporary and therefore the H-1B does not need to be amended. The rules are very specific, and very long.

I was in house counsel for one of the largest users of H-1B visas and they certainly had employees that travel. Probably 80-90% of their entire US workforce was on an H-1.
 
No human rights for H1B holder in U.S.

Thanks for reply. It is one of the biggest company in U.S. The hiring manager would like to hire, but the legal department of the company insists on not taking H1b. The reason they give to the manager is the job requires 70% travelling (to various yet-to-define locations within U.S.) with the rest of time work from home or local office (any). The legal dept said other companies can do that because they workaround with the application, which they don't want to.

The hiring manager is having a problem recruiting anybody because most of the expertise are from oversea for this specialised job; same thing happen to similar recruiters, though not many in total, throughout the U.S.

I am very frustrated because even in this kind of good job I cannot get hired by them. Apparently the hiring manager trust the legal dept more than me. Is there any phrase that I can convey to the hiring manager so that he can convince the legal dept to move forward ?

Sad life as a foreigner. Poor human rights in U.S. !!!!!!
 
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