Employer refused to file labor due to a qualified candidate

[MohitB]

Hi,

 

I work for a large and reputed financial institution. My H1b expires in Sept 2014. My employer started the labor application process in Feb of 2013, however, as the part of the labor clearance process when they interviewed other candidates there was one qualified candidate that they could not turn down. On this basis, my employer refused to go ahead in filing my labor. I would have no choice but to leave the country before Sept 2014.

 

I am shell shocked due to this. I've never heard of such a case before. Is there anyone else facing the similar prospects, what are my options here.

 

 

thanks

 

[JoeF]

Happens all the time.

The whole idea of employment-based immigration is that it is only possible if no qualified US person is willing and able to take the job.

Has your employer and/or his lawyer not explained the basics of an employment-based GC to you?

[t75]

They cannot proceed with a GC for you if there are qualified USCs or LPRs. It is the law.

[omshiv]

Sorry to hear that. You still have 1 yr to go. Join a new employer and pray that they file your GC immediately, Maybe you can discuss with them during the Interview. I remember one of the Senior member of this forum did something similar.

 

Anways, during the 1 yr, if your Labor gets approved within the next 6 months, you can ask your employer to file I-140 in Premium processing which if get approved within 15 days your employer should be able to extend your H1B for the next 3 yrs.

 

Good luck. Hope things turns out sweet for you.

[MohitB]

i am familiar with the basics of an employment-based GC. I am surprised because i know 10s of others who work as consultants and got their labor approved. I am 100% sure that given their job requirements it would be impossible to not find a qualified local candidate. 

 

Am i correct in thinking that this requirement of a local qualified candidate is followed in spirit of law only by selective companies?

[rahul412]

I am shell shocked due to this. I've never heard of such a case before. Is there anyone else facing the similar prospects, what are my options here.

 

This is the FACT and this is what happens most of the time if an employer follows the immigration rules.

[omshiv]

i am familiar with the basics of an employment-based GC. I am surprised because i know 10s of others who work as consultants and got their labor approved. I am 100% sure that given their job requirements it would be impossible to not find a qualified local candidate. 

 

Am i correct in thinking that this requirement of a local qualified candidate is followed in spirit of law only by selective companies?

 

The Shady Desi Fraud companies keep a low Salary as part of the Job req..so Citizen/PR applies for those positions and thats how their Candidates get GC while they suck their hard earned $$ and harrass them. These companies should be banned and sent back.

[JoeF]

i am familiar with the basics of an employment-based GC. I am surprised because i know 10s of others who work as consultants and got their labor approved. I am 100% sure that given their job requirements it would be impossible to not find a qualified local candidate. 

 

Am i correct in thinking that this requirement of a local qualified candidate is followed in spirit of law only by selective companies?

No, this is followed always.

DOL makes sure of that.

Most Americans just don't want to work for some fly-by-night consulting company...

[rahul412]

The Shady Desi Fraud companies keep a low Salary as part of the Job req..so Citizen/PR applies for those positions and thats how their Candidates get GC while they suck their hard earned $$ and harrass them. These companies should be banned and sent back.

Now I understand how ppl get their GC's.

[omshiv]

The Shady Desi Fraud companies keep a low Salary as part of the Job req..so Citizen/PR applies for those positions and thats how their Candidates get GC while they suck their hard earned $$ and harrass them. These companies should be banned and sent back.

 

Sorry, I meant to say that Citizens/PR's DONT apply for such a low salary...and thats how the fraud employers suck the desi employees.....

 

And also JoeF's statement is also true that they dont apply with a Fly by Night Shady company.

[omshiv]

Now I understand how ppl get their GC's.

 

yah thats why they are called shady fraud employers. :)

 

dont tell me you didnt knew all these loopholes and cheap tricks played by them.

[vikram.jadhav]

Hi Mohit B - I am in a very similar situation currently. I have exactly 1 year remaining on H1B. Employer rejected the resume applicants. However, the company's HR and Legal team decided that 1 applicant satisfies more than 50% of the job requirements and discouraged from moving ahead with PERM filing. Does anyone know how much time the company has to wait before restarting the PERM process? This time my team is ready to create a more stringent job description with a different title.

[JoeF]

Hi Mohit B - I am in a very similar situation currently. I have exactly 1 year remaining on H1B. Employer rejected the resume applicants. However, the company's HR and Legal team decided that 1 applicant satisfies more than 50% of the job requirements and discouraged from moving ahead with PERM filing. Does anyone know how much time the company has to wait before restarting the PERM process? This time my team is ready to create a more stringent job description with a different title.

 

A fake job description would likely get denied by DOL. The job description has to be truthful, and it has to be justified by business requirements as well as by industry norms.