Does any one know of someone that has been in trouble like being deported from USA for quitting/changing the job immediately after the I-485 has been approved and not staying with the employer that has sponsered the GC for six months after the I-485 has been approved.
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Leaving the employer
- Thread starter durgum
- Start date
Please show me that RULE of staying with the employer for 6 months after the I-485 is approved ANY WHERE.
Infact we CAN APPLY for I-765( the work permit) along with the I-485 application in the same INS office, the same very day.The I-769 can BE RENEWDED every 1 year there after till the I-485 is approved and the passport gets stamped which a practical GC as far as the documentations for working in the USA is concerned.
If that is the allowed practice then how can INS let go the applicants for doing so. The very purpose of the labor certification is ambiquious, as there are a lot of people in USA all the time looking for work. Lawyers tailor make the job requirements that suits the applicants jod qualifications who is applying for the labor clearance. Even that can be interpreted as a fraud.
Infact we CAN APPLY for I-765( the work permit) along with the I-485 application in the same INS office, the same very day.The I-769 can BE RENEWDED every 1 year there after till the I-485 is approved and the passport gets stamped which a practical GC as far as the documentations for working in the USA is concerned.
If that is the allowed practice then how can INS let go the applicants for doing so. The very purpose of the labor certification is ambiquious, as there are a lot of people in USA all the time looking for work. Lawyers tailor make the job requirements that suits the applicants jod qualifications who is applying for the labor clearance. Even that can be interpreted as a fraud.
What if for personal reasons one has to quit that job, like wife got another job in another distant area, wife got admission in anothet state school and so on andd so forth.
I believe one will be in deep trouble IF the employer complains to the INS about the employee leaving the sponsored company within a real short time.
Also what ever lawyers say six months --- why not 5 months, 7 months or 4 months and 2 weeks of stay with the employer after the I-485 is approved. I dont get that SIX months time frame and who ever intrepreted that SIX months EXACTLY not less and not more.
I believe one will be in deep trouble IF the employer complains to the INS about the employee leaving the sponsored company within a real short time.
Also what ever lawyers say six months --- why not 5 months, 7 months or 4 months and 2 weeks of stay with the employer after the I-485 is approved. I dont get that SIX months time frame and who ever intrepreted that SIX months EXACTLY not less and not more.
As far as the job is concerned it is just a job OFFER NOT a position that is required by the DOL(I agree that it is DOL and not INS). This so called job OFFER can be almost anything that an employer can create for the employee.
For instance a company of 5 people can have 4 managers just for name sake. So these managers can manage the remaining one guy, and their OFFERED salaries can be anything(HERE is the catch- the OFFERED salary to the sponsored employee has to be equal or less than the compamnys total turnover).So practically two employees can be sponsored with the maximum turnover amount of that company as the OFFERED salary AT the SAME time for the Labor certification.
So basically as long as the company is ready to do the paper work like prooving the requirement,lack of the american citizens for that job, ABILITY to pay the OFFERTED salary to those employee the process of labor certification passes by smoothly.
Typically an employee with a masters degree has a tremendous potential of clearing the Labor certification as his qualifications can easily filter out almost all the candidates in the present job market.
For instance a company of 5 people can have 4 managers just for name sake. So these managers can manage the remaining one guy, and their OFFERED salaries can be anything(HERE is the catch- the OFFERED salary to the sponsored employee has to be equal or less than the compamnys total turnover).So practically two employees can be sponsored with the maximum turnover amount of that company as the OFFERED salary AT the SAME time for the Labor certification.
So basically as long as the company is ready to do the paper work like prooving the requirement,lack of the american citizens for that job, ABILITY to pay the OFFERTED salary to those employee the process of labor certification passes by smoothly.
Typically an employee with a masters degree has a tremendous potential of clearing the Labor certification as his qualifications can easily filter out almost all the candidates in the present job market.
What if aproject thatv the employer was expecting didnt materialise ,Then the employer can lat go the sponsored employee from that job offer voluntarily.
Also any job can be done with some or little qualifications. I practically have seen,especially people with high school diplomas, nursing school dropouts becoming managers of chemical engg based companies. Computer programmers with bachelors in comp science from american universities were being managed by nursing school dropouts in some companies.(all these managers were american born citizens).Even the legendary Bill gates is also presumably a law school dropout.
So technically A JOB OFFER ina company can be done by a masters guy or a bachelors guy or even by a high school dropouts off course with some training/exposure.
Like I mentioned a masters guy has more chances of filtering many/most/all applicants as that qualification added deligently with some certificate(ex. a spread sheet certification ) that is related with the job offer .
There are numerous ways of filtering the american citizens with easy certifications coupled with the masters degree in any field like engg,management ans so on.
salaries and available candidates for a job vary in the american economy as evident by the recent economic downturn. So it is the employers discretion to sponsor a guy for a gc and let him go as soon as the I-485 is approved.The employer CAN cite numerous reasons for sponsoring a guy for the gc and letting him go as soon as the I-485 is approved.
The lawyers have MASTERED the art of convincing the DOL for the Labor certifications over the years by twisting the Job offer description, requirements,salary offer and succeeding in the LC approvals.
Also any job can be done with some or little qualifications. I practically have seen,especially people with high school diplomas, nursing school dropouts becoming managers of chemical engg based companies. Computer programmers with bachelors in comp science from american universities were being managed by nursing school dropouts in some companies.(all these managers were american born citizens).Even the legendary Bill gates is also presumably a law school dropout.
So technically A JOB OFFER ina company can be done by a masters guy or a bachelors guy or even by a high school dropouts off course with some training/exposure.
Like I mentioned a masters guy has more chances of filtering many/most/all applicants as that qualification added deligently with some certificate(ex. a spread sheet certification ) that is related with the job offer .
There are numerous ways of filtering the american citizens with easy certifications coupled with the masters degree in any field like engg,management ans so on.
salaries and available candidates for a job vary in the american economy as evident by the recent economic downturn. So it is the employers discretion to sponsor a guy for a gc and let him go as soon as the I-485 is approved.The employer CAN cite numerous reasons for sponsoring a guy for the gc and letting him go as soon as the I-485 is approved.
The lawyers have MASTERED the art of convincing the DOL for the Labor certifications over the years by twisting the Job offer description, requirements,salary offer and succeeding in the LC approvals.
In any economy a job is related to a particular project which could last upto any amount of time. Even Lucent,Nortel for instance have shrung drastically in the last 3-4 years.A project that is hoped to materialised in a year or two in stages could NEVER materialise. So that job offercan also vaporise. That is my explanation for the job offer that relates to a project.
The eta 750a and b forms for the Labor are first scrutinized by the local labor dept and then sent to the regional office.Based on the paper work that is furnished to the regional labor dept BY the local labor office ONLY decisions on the labor certifications are taken.All changes/corrections about the job offer,reqs etc are done by the LOCAL labor dept.
Again IF the employer wants an employee badlyhe can get any one from any country with the properr paper work.Th ebottom line is he should HAVE the proof of the technology he is using and the financial CAPABILITY to pay the offer that has been offered on th ejob offer.
Certifications from microsoft, Oracle, cisco(they being HUGELY known companies from the top ten companies of the world) matter the MOST.Even the degrees from all countries are recognised just the way the US universities recognise the international universities from all over the world before admitting foreigh students.
DOL recognises many other certifications like the state/federal agencies certifications as well.
LCs are rejected mainly if there is found to be atleast one guy that has applied for the job.The local dol ONLY corrects or basically raises questions about those job requirements and the qualifications. It is upto the employers and the lawyers to convince the LOCAL dol about those questions.
So if a company has the proper technology being used that is related to the candidates educational qualifications, the local dol approves the job reqs and qualifications.The masters degree is one of the best qualifications that CAN filter many american candidates as IT is a prized asset that many americans dont have.Off Course like I said an Oracle/microsoft certification can filter some more guys. Like wise some other related but a lower standard certification like a spread certification from word perfect or microsoft woulkd filter some more guys . Hopefully all the candidates are filtered with a little bit of luck and the labor is approved by the REGIONAL labor DEPT.
Technically no matter however qualifications one succeeds in adding to the job offer and getting those APPROVEDD by the local labor DEPT there might be an american Gc holder or a citizen in the job market and the REGIONAL labor DEPT could REJECT the LC. If that is the caseone has to retest the job market again to get the lc approvedd . It is as simple as that.
Through experience of the testing the job market in a particular field LAWYERS HAVE MASTERED the art of getting the lcs approved by twisting the job description and the candidates qualifications over the years.
The eta 750a and b forms for the Labor are first scrutinized by the local labor dept and then sent to the regional office.Based on the paper work that is furnished to the regional labor dept BY the local labor office ONLY decisions on the labor certifications are taken.All changes/corrections about the job offer,reqs etc are done by the LOCAL labor dept.
Again IF the employer wants an employee badlyhe can get any one from any country with the properr paper work.Th ebottom line is he should HAVE the proof of the technology he is using and the financial CAPABILITY to pay the offer that has been offered on th ejob offer.
Certifications from microsoft, Oracle, cisco(they being HUGELY known companies from the top ten companies of the world) matter the MOST.Even the degrees from all countries are recognised just the way the US universities recognise the international universities from all over the world before admitting foreigh students.
DOL recognises many other certifications like the state/federal agencies certifications as well.
LCs are rejected mainly if there is found to be atleast one guy that has applied for the job.The local dol ONLY corrects or basically raises questions about those job requirements and the qualifications. It is upto the employers and the lawyers to convince the LOCAL dol about those questions.
So if a company has the proper technology being used that is related to the candidates educational qualifications, the local dol approves the job reqs and qualifications.The masters degree is one of the best qualifications that CAN filter many american candidates as IT is a prized asset that many americans dont have.Off Course like I said an Oracle/microsoft certification can filter some more guys. Like wise some other related but a lower standard certification like a spread certification from word perfect or microsoft woulkd filter some more guys . Hopefully all the candidates are filtered with a little bit of luck and the labor is approved by the REGIONAL labor DEPT.
Technically no matter however qualifications one succeeds in adding to the job offer and getting those APPROVEDD by the local labor DEPT there might be an american Gc holder or a citizen in the job market and the REGIONAL labor DEPT could REJECT the LC. If that is the caseone has to retest the job market again to get the lc approvedd . It is as simple as that.
Through experience of the testing the job market in a particular field LAWYERS HAVE MASTERED the art of getting the lcs approved by twisting the job description and the candidates qualifications over the years.