Company HR is playing game and delays GC process

LuciDreamer

Registered Users (C)
I think I am stuck and would like to hear other peoples' opinions with similar situations...

The large company that I have been working for since last May(first as a contractor and then full-time) was kind enough to get me from TN to H-1B. The TN ->GC route was not usual to them and their attorneys so, they preferred the classic approach. During the interview, the HR lady was hesitant whether they would apply for H-1B for me in the first place. As she explained to me, my area of expertise was generic, they could hire a u.s. worker with .Net/Oracle skills and train them open source technologies that we currently use for corp development. Therefore, I was still being hired but would have to work on TN forever. Later on, the HR lady did say at the interview that they would apply for H-1B and green card for me in the future. I know I should have had this promise "in writing"... but it's too late now.

Now that my H-1B is place and begins in October, the company can sponsor me for GC anytime. The process alone is long and full of hassles, and they know all that. I keep asking them what is going on and when I am going to be put on the GC path? The same lady replied that there is a list of other employees that need to be sponsored, their visas are expiring sooner than mine. Usually, as she explained, the company keeps foreign workers in H-1B status for 3 years, then extends it (another 3 years), and then, when they cannot extend it anymore, they apply for sponsorship. It does not sound right to me. Any employer can sponsor as many people as it takes, there is no limit to it, only financial considerations... however, this is a big company and they have lots of cash to make it happen, I am also willing to bear the part of the costs too.

I can wait a reasonable amount of time, 1-2 years, maybe, before they can put me on the GC train... but 4-6 years is WAY TOO LONG!!?!? I think, this company(like most of them) is just trying to keep people in temp status as long as possible, because they do not want to pull dough to pay attorneys fees... they don't really care about you and what can happen if you're laid off, that your dependent cannot work and etc.

I have worked so hard to prove my value in this company, both my managers told me that they want me to stay and know about this GC hassle... The senior manager even wrote an email or two to the HR director and they would not reply back.. I tried to call the same HR lady who interviewed me, she used to be all nice to me and everything, but she never picked up a phone and replied to my message... I can't really understand what is happening? That creates the impression of very negative and inconsiderate attitude towards people like us, who would depend upon employers to get some form of status and stability in this society in return to hard work commitments. I do not try to put a pressure on them to bring me the GC on a platter immediately, but letting me know about the reasonable milestones before it happens would suffice. What I get instead is their turning back on me and negligence. What should I do, advice? Thank you!
 
I tend to agree with nscagony. This maybe the best and safest (if not the only) option in my case.

Another thing I forgot to mention... The experience obtained with the current employer who petition for your GC does not count. But with my master's degree, I can qualify for EB-2 category, and proving the past experience is not required, correct? I know that EB-2 can be a subject to an audit, if the company agree to go for it in the first place.

What happens with EB-3, do I still need to prove my past experience even with master's degree? What options do I have?

Thanks.
 
EB-3 requires no master NOR experience.

What you will need to prove is simply what was part of the PERM job requirements.
 
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Yes,


Nelsona, please expand as I am caught in no-mans land right now and may have a son age out in June of 2010. If I could go EB-2 it would be a great help.
 
Yes,


Nelsona, please expand as I am caught in no-mans land right now and may have a son age out in June of 2010. If I could go EB-2 it would be a great help.

For EB2 you either have masters degree or Bachelor with 5 years of experience.
 
Shyboy,

That was my understanding too. But I'm curious as to what nelsona has to say - is there something we are missing.
 
Sorry to get everybody in a twist. I meant EB-3 of course and was responding to dreamers statement:

What happens with EB-3, do I still need to prove my past experience even with master's degree? What options do I have?

EB-2
requires both the worker and the job require either a masters or (a bachelors plus 4 years experience).
 
I feel your pain. I too signed on thinking my company would find an attorney. Unfortunately, the cost is 6-10,000 (not including filing fees).

I've resorted figuring out the process on my own with the help of this website and others. Then I spoon feed it to my boss. (Even then its hard for them to grasp the seriousness of deadlines). I will be covering the form costs as well.

Its a scary process.
 
My GC sponsorship saga goes on... with both good and bad news at a time:)

After months of hard work, proven reputation, lots of correspondence and talks, I managed to obtain approvals from the company VP and CIO last week. I found out that there is another person in the same loop as I am, for whom the the status is about to end soon. The approval email was forwarded to the HR director but my joy ended very quick there. The HR person showed a very negative attitude in regards to these requests and refused to proceed with the sponsorship. Her response was that the process costs lots of $$$ and they are waiting to hear from the president whether to sponsor or not at this time.

Anyhow, it sounds like a dead end to me and there is nothing else that can be done. It seems that the decision came from the top and if they refuse to sponsor anyone presently, they will unlikely go for it in the future. I wish I should have chosen another company back last year, the one with more cooperating and immigrant-friendly environment.

Any suggestions?
 
I agree with Nelsona - TN or H1 to GC, it may not matter and is purely technical and lawyer-specific.

In the light of the numerous success stories, the moral of the story is that it has 100% to do with the company. I guess I picked up the wrong company full of dishonest, callous, purely money-oriented and unethical management. The HR lie to candidates during interviews that they would process the GC but in reality, when time comes, they just sit on the fence and ignore you.

If the company does not want to help, there is little you can do. And with the current economy, the situation gets even worse.

Does someone in the similar situation have a story to share? For instance, when you had to escalate the issue to the manager or VP when the HR was not willing to cooperate?
 
Iwrong company full of dishonest, callous, purely money-oriented and unethical management. The HR lie to candidates during interviews that they would process the GC but in reality, when time comes, they just sit on the fence and ignore you.

Is this a large company? Would you like to share the company name so that others coud be warned?
 
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