Outsourcing of IT operations: What impact does it have Labor Certification/GC

M

mohitverma_bost

Registered Users (C)
Hi All:
I need some help. It is likely our company is going to be outsourcing most of the IT operations outside(most likely same location Boston). I had started my labor certification in Dec of 2001, and am not sure what impact will the outsourcing have on it? Also, if my labor gets approved before the outsourcing happens, could I continue working for the outsourcer if they continue to process my green card. My position title will not change, and from it seems the location will not change as well.


With the recent outsourcing at Bank of America, and JP Morgan, does anyone have any similar experiences that they could share with us?



Would appreciate your help!!


thanks!

Mohit
 
Mohit,
I did not get the point on what your query is.

Here is how it works: LC is owned by the company and can NOT be transfered. After out soucing, if you still continue w/ your old company, obviously you will be fine. But if you decide to join other company (who got out soucing project), you will have to start your LC afresh from scratch.

Only other option could be your original comapny may agree to continue the GC processing while you are gone to the out sourced comapny. In that case you can join back the original company in later stages of your GC.

Good Luck !
Sanga

p.s: By the way you are in wrong forums. Get to labor cert forums' threads. Thx.
 
Outsourcing vs GreenCard

Hi Sanga:
thanks for your note! You answered my query about the labor certification. I guess it cannot be transferred to the new company.

I am a bit confused by what you meant that you could continue working for the outsourcer and later join your original company? Does this mean you could actually be employed by the outsourcer and still be in status as per Stage 2 and Stage 3 of green card? It is possible my original company will continue the green card procedure.

I just want to find out where I stand if the outsourcing occurs while you are in either of the 3 stages of green card.

thanks very much.

Mohit
 
Labor Certification/I140/485 vs Outsourcing

Hi Sanga:
Could you elaborate on the option mentioned in your reply about the original company being able to continue to process your labor-cert/green card even after outsourcing occurs? Is there a written law about this I can find somewhere. I am not sure my current employer is aware of this.

Would appreciate your advice!


thanks a lot!


Mohit
 
GC w/ Future Employer

Mohit,
GC is for future employment and a company can do GC processing even if one is not on current payroll for that company. In your case, if your employer agrees to continue with your GC processing, your LC is valid and your employer can continue to apply I140/I485. If no RFE is issued your GC will be approved. But if RFE is issued(they are very common in this soft economy), your employer should support you by replying those RFEs. RFEs can be for ability to pay, comany finances, your emp position is still available etc., To avoid any RFE on intent-to-hire you can rejoin your old employer once you get EAD.

There might be issues with RFE, as you are leaving the comany and rejoining the same comany if INS feels you are trying to fraud it. Please discuss w/ your lawyer on these items and take a decision.

Easiest way is to stick to the same employer until GC is approved. All other options are to be considered when the first is completely evaporated. ;)

Good Luck.
 
Hi Sanga:
thanks very much for your informative reply. I will be speaking to the company lawyers about this matter, as they do not seem to be aware of it, and i may have to press for it in the worst case.

I am still a bit confused about leaving the original company and rejoining it, do you need to rejoin it?? If the company agrees to continue your labor/GC while you are at the outsourcer's payroll working inthe same location and at the same position, wouldn't that be okay? Or you need to rejoin the company once you get EAD as t he same position ??

THere are other possibilities within my company which may happen, but, I want to be prepared for the worst as you mention the economy does not seem to be going anywhere and Cost-cutting is at its Peak.

I should be hearing from SESA within next 10 days and this labor certification should finally take a step forward then!! I cannot believe how slow this process has become.

If you do have any official links/articles on this let me know!!

thanks again for your help!


Regards, Mohit
 
Labor Certification/I140/485 vs Outsourcing

Hi Sanga:
I wanted to follow-up on my earlier post. Were you able to find any official documentation to confirm your information. I spoke to the company lawyer, and he would like to know if there is a official source he can refer to??

Please let me know at the earliest!


thanks very much for your help.


Mohit
 
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