Employer (Public Univ.) cannot do re-advertise, what to do?

[eveready]

Hello, everyone,

I was hired this summer by a public university as a researcher. They only did one ads on University website (for 2 weeks). After I requested them sponsoring my green card application via Labor Certification, the department (which is supportive) found out only 1 ads from internet is definately not enough for DOL to approve. The department want to do a new search on local/regional newspapers but the University Human Resource did not approve saying University cannot re-advertise a position when the position is filled. This is rediculous! I know a lot of people (may be most) do (re)advertisement after they got the job solely for the poupose of LC application.

Now those HR people simply donot listen to the department. What can I do? Do all public universities have such policy? Is it legal to do so? I have no choice but need to find another job?

This made me so upset! Your advice/suggestions are appreciated!

Eveready

 

[tyzh]

Most likely HR simply doesn't want the trouble. RIR ads apparently lead to nothing but extra work.

 

[lca_001]

Maybe you can file under National interest waiver or such.

001

Originally posted by tyzh
Most likely HR simply doesn't want the trouble. RIR ads apparently lead to nothing but extra work.

 

[eveready]

I have tried and failed. So this may be my only chance.

Originally posted by tyzh
Most likely HR simply doesn't want the trouble. RIR ads apparently lead to nothing but extra work.

 

[hcgcwait]

iam quoting my instance and i obtained the gc through employment /lc etc from a community hosp. even my hr people freaked out when i told them about a possible ad for lc purposes and they didnt do it initially. i just took one thing at a time(as i didnt have many options left ) and sent my papers for lc. well the labor dept asked the hosp to put an ad for this job in their specified journal and the contact address was given as theirs. my hr heeded to do it after my lawyer explained about this lc process to them and then they advertised..., rest is all history and i recently got my passport stamped for greencard. to cut the story short, this gc process with labor certification is a very very tidious process in certain cases(in my instance i felt it that way) take one problem at a time and you can work around it. my suggestion is ( since you dont have the option of niw) go ahead and file for labor with what ever papers you have and keep pushing it as it comes. may be they will say ok and approve your labor or otherwise will advise you with the steps for labor approval. with that letter in hand and with your lawyer's assistance you can convince your hr for an ad. many times the hr people do not have a clue about this gc process. we need to play with the situation cos it is our interest.
hcgcwait.

 

[ag28]

universities sometimes are not helpful

I had a very bad experience with a large university where I worked before. they (my boss and hr0 had agreed to start my GC.
After joining, my boss worked hard to get it done but hr said it is not their policy blah.lah..blah. finally after much pressure, they said that they would do it only after i complete 1 yr of H1.
That was the last straw. i simply quit. I cannot stand people who recant.

 

[eveready]

Thanks for sharing your experience.

The problem is that my University has its own immigration staff to handle Labor Certificate application, and she cannot convince HR people to re-advertise (HR people has higher rank I assume). Also the University policy is I cannot find third-party lawyer to do this or even talk to HR people to explain all these.

And because of all these, the first ads has passed 6 months, I wonder it's already invalid for LC application purpose. So re-advertise is the only way to do it. Furthermore, the department recently told me although I rank the highest during the evaluation/hiring process and I was finally hired, i am not the "only" applicants meet the required qualification. This maybe the major problem for me.

Originally posted by hcgcwait
iam quoting my instance and i obtained the gc through employment /lc etc from a community hosp. even my hr people freaked out when i told them about a possible ad for lc purposes and they didnt do it initially. i just took one thing at a time(as i didnt have many options left ) and sent my papers for lc. well the labor dept asked the hosp to put an ad for this job in their specified journal and the contact address was given as theirs. my hr heeded to do it after my lawyer explained about this lc process to them and then they advertised..., rest is all history and i recently got my passport stamped for greencard. to cut the story short, this gc process with labor certification is a very very tidious process in certain cases(in my instance i felt it that way) take one problem at a time and you can work around it. my suggestion is ( since you dont have the option of niw) go ahead and file for labor with what ever papers you have and keep pushing it as it comes. may be they will say ok and approve your labor or otherwise will advise you with the steps for labor approval. with that letter in hand and with your lawyer's assistance you can convince your hr for an ad. many times the hr people do not have a clue about this gc process. we need to play with the situation cos it is our interest.
hcgcwait.

 

[eveready]

Re: universities sometimes are not helpful

At least they agree to advertise after 1 year. I don't know my university will ever agree to advertise.

I am preparing to apply Canada green card as backup. Sigh, stupid HR people. Unlucky me.

Originally posted by ag28
I had a very bad experience with a large university where I worked before. they (my boss and hr0 had agreed to start my GC.
After joining, my boss worked hard to get it done but hr said it is not their policy blah.lah..blah. finally after much pressure, they said that they would do it only after i complete 1 yr of H1.
That was the last straw. i simply quit. I cannot stand people who recant.

 

[eveready]

And I even consulted our University Counsil (which provide law consultant for the University), they said it is not illegal to re-advertise. But HR people just won't listen.

Originally posted by hcgcwait
iam quoting my instance and i obtained the gc through employment /lc etc from a community hosp. even my hr people freaked out when i told them about a possible ad for lc purposes and they didnt do it initially. i just took one thing at a time(as i didnt have many options left ) and sent my papers for lc. well the labor dept asked the hosp to put an ad for this job in their specified journal and the contact address was given as theirs. my hr heeded to do it after my lawyer explained about this lc process to them and then they advertised..., rest is all history and i recently got my passport stamped for greencard. to cut the story short, this gc process with labor certification is a very very tidious process in certain cases(in my instance i felt it that way) take one problem at a time and you can work around it. my suggestion is ( since you dont have the option of niw) go ahead and file for labor with what ever papers you have and keep pushing it as it comes. may be they will say ok and approve your labor or otherwise will advise you with the steps for labor approval. with that letter in hand and with your lawyer's assistance you can convince your hr for an ad. many times the hr people do not have a clue about this gc process. we need to play with the situation cos it is our interest.
hcgcwait.