Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
h1busybee

Labor Market Test Failed

Recommended Posts

Hi, 

I work for a Fortune 500, and its been 4 yrs. I joined the company with 5yrs work ex.

 

The company had been telling me that my PERM will be filed next quarter at the start of every quarter and 4 yrs went by.

 

In the mean time, I switched from Software Dev Engineer to a Business Analyst. 

For PERM purposes, the company lost my original req that I was hired on  and therefore they used the BA req for PERM.

 

They recently ran recruitment and I got bad news just last week that the labor market test failed and they could not file PERM.

 

It seems, they found a Citizen who matched the BA requirement.

 

I have  22 months left on my H1B.

 

The company is saying that they will refile in next round of PERM applications, which is likely to be at the end of this year. (I think there is a possibility of labor market test fail even then)

 

I guess my BA req does NOT have a lot of Software skills required.

 

What should I do. I feel STUCK and TIME WASTED.

 

What are my options?

 

 

 

 

 

 

 

 

Share this post


Link to post

As the person above adviced...find a new employer who can sponsor your GC..you still have 2 more yrs to go...so no need to worry.

 

Life is not all about GC.

Share this post


Link to post

You are not entitled to a job a USC is qualified for. In fact, the USC should be angry that you still have a job when you can go home to work. If you don't want to waste your time, stop whining and get more education.

Share this post


Link to post

t75 , Thanks for you suggestion. It does help to understand that there are many qualified USCs to take my position. 

 

Get more education ? After a double MS from a *************?

 

Job market is quite different from education. GC applications are driven by Job Requirement and not by education. I understand you are an advanced member of murthy forum and I dont need to explain this to you.

 

If you are a US born citizen, I understand how painful it is to see your jobs eaten. But, please do understand that there are few out there who are as educated as you are and as eligible as you. Plus I shelled out a fortune to a US university which fueled the revenue of the university.

 

I am as angry as any other USC, that inspite of going to the best schools in the US,  I am struggling with immigration / job issues.

 

In todays world - Jobs are not directly equivalent to Education.

 

I hope to get the right help from this forum.

 

Thanks,

Share this post


Link to post
Plus I shelled out a fortune to a US university which fueled the revenue of the university.

 

No one asked you to do it. You did it by yourself, don't put the blame on USC.

 

 

Job market is quite different from education. GC applications are driven by Job Requirement and not by education. I understand you are an advanced member of murthy forum and I dont need to explain this to you.

 

If you are a US born citizen, I understand how painful it is to see your jobs eaten. But, please do understand that there are few out there who are as educated as you are and as eligible as you. Plus I shelled out a fortune to a US university which fueled the revenue of the university.

 

I am as angry as any other USC, that inspite of going to the best schools in the US,  I am struggling with immigration / job issues.

 

In todays world - Jobs are not directly equivalent to Education.

But when it comes to immigration it has to.

USC can take any job but non-USC, cannot.

Share this post


Link to post

This post is heading in the wrong direction.

 

I was looking for guidance, given my situation.

 

Thanks,

And you got it. Several posts said: Find a new employer.

Heed that advice.

Share this post


Link to post

This post is heading in the wrong direction.

 

I was looking for guidance, given my situation.

 

Thanks,

 

 

did you even read my post? you still have 2 more yrs to go...find a new employer who will sponsor you GC..2 more yrs!!! thats still long way.

Share this post


Link to post

This post is heading in the wrong direction.

 

I was looking for guidance, given my situation.

 

Thanks,

Do what @ineedgc555 said. I have the same advice for you.

Share this post


Link to post

Companies do not have the best interests of their employees as a concern.  Many USCs has multiple degrees and experience as well. Face it, it is cheaper and better for them to hire an H1B with the promise of a GC filing than an equally or better qualified USC who has by now figured out that the company is going to take far more than the USC employee will receive and can more easily move to a new position.

Share this post


Link to post

OK Folks, 

 

Here is the status after exactly a month. 

I have exactly 23 months for my H1B to expire(including recapture time)

3 options in my court: 

1) My current Fortune 500 company is willing to offer me a developer role, submit a new requirement to the law firm and ask them to redo the recruitment phase.

  - They will mostly likely re-start recruitment in Q3 of 2013 (Oct 1 2013)

2) I am expecting an offer from another fortune 500

  - If the offer goes through, I am not sure how I should negotiate the GC stuff.

3) I spoke to a consulting company(trusted one through a good friend)

 - They mentioned that I should always be safe on GC side so recommended me to jump to consulting, get I140 and go back to Full Time if I ever want to. 

 - They also mentioned that I have plenty of time and worst case, they should be able to transfer me when just 14 months(little more than an yr) are left on my H1B and I need not worry as early as now.

 

 

Questions :

1) What do you guys think. Which Option shall I pick?

2) If you recommend me to pick Option-2 :  Many big companies are doing GC only after waiting for atleast 6 months after joining the company. So that's 6 months gone to drain. How should I negotiate GC with the offer?

3) If you recommend me to pick Option-3 : What are the risks?

4) If you recommend me to pick Option-1 : What are the risks?

 

Please let me know.

 

Thanks,

Share this post


Link to post

One thing: stay away from consulting companies. That's a red flag nowadays.

Share this post


Link to post

Hello Everyone, 

 

I am planning to go with option 2. Full Time role with a new fortune 500 company.

 

I did speak to the immigration folks at the new company and they say

1) They file only in EB3 except for certain job types, even though I have an MS and 6+ yrs exp.

2) I will have to wait 6 months before they initiate my GC process.

 

A) What do you guys think? Given that I have 22 months on my H1B , shall I give the new company a good shot?

 

B) Also, I know that we can change employers after getting I-140 so that the PD is retained. If I change employers after 3 yrs from now when I have an I-140, Can the new company(after 3 yrs from now) start my new GC in EB2, though the I-140 is on EB3?

 

 

 

Please let me know.

Share this post


Link to post

I guess you should go for this offer. Your understanding is correct, you can retain the PD and can port from EB3 to EB2 even in the same company. Nothing to worry.

Share this post


Link to post

h1busybee:

 

Its always good to have at least 1 year lead time for your green card and so even if your new company started your GC after 6 months you will still be within the recommended time frame. Good luck!

Share this post


Link to post

One thing: stay away from consulting companies. That's a red flag nowadays.

That's not true, it's always easy to blame the risky route. Full-timers ends up going to India with broken promises of a GC filing by these companies

Share this post


Link to post

Folks,

New company applied for H1B transfer and it is approved. The approval notice was sent via email to the attorney. Hard copy is yet to be received. Is the email confirmation good enough to resign from my current company?

 

Thanks,

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×