Negligence & lack of transparency to file GC

[Nava07]

Hello all, I have been in the US for 10years now. I have been on H1B following my Masters. I am in the 6th year of my H1B.

I currently work for a large Management Consulting firm that I joined in Aug 2012. My H1B expires in Dec 2013. Per my employment offer letter, it stated my employer "would consider processing my GC 3 months after employment", which is technically Nov 2012.

I have been sending several emails to HR, VP of the practice and my supervisor since Nov 2012. No action had been taken, though I have had the VP verbally commit to me multiple times that it would be processed right away. Nothing so far.

Every time I communicated to HR about the same they asked me to contact the VP, very negligent and lack of transparency from HR. Now I hear from the HR verbally that they are 'not' considering my GC and they gave me no reasons for the same.

I have had better offers around sep 2012 last year but decided not to pursue them because I just recently joined my current firm at that point of time. I contacted some these offers recently again (after learning that my current firm isnt considering my GC) but they were unwilling to proceed because I have very limited time left on my H1B, they needed around 15-18 months.

I believe my company had been deliberately negligent and have shown complete lack of transparency and abuse of trust. My company had historically sponsored only 2 H1Bs and 1 GC. I believe they had 'no' intention of sponsoring my GC but they deliberately decided not to communicate that decision last Nov 2012 because I was involved in several high profile projects.

Until date I still have no email response for status update on GC. What are my options here legally? This has put me in a very bad spot because no firm is willing to take the risk with only 7 months left on my H1B. What are my options to pursue my current firm through legal channels?? I feel they abused my precious H1B time and have lacked integrity to communciate their intentions about my GC.

Appreciate all your inputs.

Thanks.

[redgreenbluee]

please consult a lawyer.

unfortunately, an employer is not obligated to file your GC, even if they agreed to do it. you can consult a labor lawyer with your employment letter if you can pursue your employer about it.

[rambobu]

hard fact - when 6 years are done you have to leave the country for 1 year before you can another H1B.

[JoeF]

No employer is obligated to file a GC for you.

A lawsuit would be frivolous, and you would lose it.

If the company doesn't want to file a GC, your only option would be to change employers. If your H1 is running out, you'd have to stay abroad for a year before you can get a new H1.

And next time, be pro-active. You had six years already, and you didn't do anything...

[omshiv]

I feel sorry for you and understand what you must be going thru. Feels cheated.

For beginners...you dont have to lose hopes and start searching for any employer who is willing to sponsor your GC immediately. 7 months is still far better. You never know, if your Labor gets cleared within 3 months, you can apply for I-140 in Permium processing..and even if its in a pending status, you should be able to extend your H1B based on that.

Lets say even if you have to leave the country, and if your I-140 gets approved, then your employer can still extend your H1..

Also I wouldnt bother wasting my time and energy on the previous employer..as someone said above the employer is not obligated to sponsor your GC.

[t75]

No guest worker should feel entitled to a GC as OP does. It is quite likely that GC was not filed because it was known that PERM would not go forward. This would be the case if he would be the cheapest (due to H-1B status) of numerous qualified candidates.

[chakrakr]

No guest worker should feel entitled to a GC as OP does. It is quite likely that GC was not filed because it was known that PERM would not go forward. This would be the case if he would be the cheapest (due to H-1B status) of numerous qualified candidates.

While it is true that guest workers are not entitle to GC, it is UNETHICAL on part of the Employer to keep OP in a limbo with false promises. Looks like his HR head, VP etc. who are presumable not the "cheapest" (per your logic) are more cheap than him.

[JoeF]

While it is true that guest workers are not entitle to GC, it is UNETHICAL on part of the Employer to keep OP in a limbo with false promises.

So, why would somebody then even want to get a GC through such an unethical employer???

The OP should have changed companies...

[pontevecchio]

One cannot always assume that a post in a forum is necessarily truthful and I say this with no disrespect to the OP. Personal likes and dislikes with respect to posters should not factor into it.

[t75]

OP took advantage of the opportunity presented. It was his choice to work for a less than ethical management. It obviously benefited him in some manner or he would have left; no one chained him to his desk. He could have not had a job in the US but chose to work where he did and is now complaining.

[Nava07]

Hello all, Thanks for the varied views. I did consult an immigration attorney, and was asked to consult a Employment Attorney. The fact is my employer is indeed a very big firm. I only learnt last week that the group I am with (which was acquired by my current firm) has decided to break away from the parent firm. Guess that's why my GC wasn't moving forward as expected. Still doesnt explain why the VP and HR had shown negligence since nov 12. Guess the break-away had been in the works for a while...Either way the result is the same for me. Move on. Thanks again for your responses. PS. t75, this is an open forum, a little bit of professional response would go lot further in helping folks as opposed to just slamming your own views and speculation...

[chakrakr]

OP took advantage of the opportunity presented. It was his choice to work for a less than ethical management. It obviously benefited him in some manner or he would have left; no one chained him to his desk. He could have not had a job in the US but chose to work where he did and is now complaining.

What "advantage" did OP take? I must have missed ! His employer made a commitment to start his GC process. He had no way to know that the employer will not stick to their commitment because till recently employer was bluffing him.