What do you think? Although I've had my Labor Certification approved at my current employer. Im worried about my job security, there is a chance they could terminate my employement as soon as my client projects ends. Which is next yr. And now I have a prospective job offer. But I will have to start again my Green Card process which is to apply for a new LC. What should I do?? Help!
Please pardon my hijacking. This is one of the issues that irks me with H1-Bs. MonoMan is an inefficient competitor in the market. He has to be loyal to an employer. Employers abuse labor on this issue. Ashok, Casablanca what sayest thou? Should he stay or should he go now?
Rufus, I honestly don't know why you asked my opinion on this, as I have never been to the USA, and didn't know what Labor Certification is untill today (I just googled on it, but still not very sure about it - can someone explain, please?) Anyway, if this has anything to do with the Pro/Anti H1B stands that I used to take before, allow me to explain, I am not worried about your dislike of *this* problem that worries me, but I got the impression that you had many other problems with Indians in particular (references to pollution in Indian cities, chicks dont dig foreigners etc), and thats what I was protesting against. And yes, about the original question, if the OP should leave his employer and take up another offer? I can't comment on it, because I do not fully understand the situation yet! No, honestly! [ October 17, 2003: Message edited by: Ashok Mash ]
Originally posted by <MonoMan>: What do you think? Although I've had my Labor Certification approved at my current employer. Im worried about my job security, there is a chance they could terminate my employement as soon as my client projects ends. Which is next yr. And now I have a prospective job offer. But I will have to start again my Green Card process which is to apply for a new LC. What should I do?? Help!
Hi, There are two scenarios. 1. The process of obtain "Green Card" will take up to a year or more depended on the complexity of your situation. If you do not have a job before the hearing date, you are disqualified. 2. With the new job offer, you need to have some legal paperwork to show HR assuming the Labor Certificate only valid for the current employer. The new offer will be nullified. The possible solution is apply for the "Green Card" immediately. Tell the new company your "Green Card" application is in process and show your proof. If you have specialize talent, the company will take you on board. But it will withhold your paychecks until you have a "Green Card". It will turn around and ask in-house legal counselor to take your case and petition for an emergency "Green Card". American could not let anyone starving on its conscience. If you do not have specialize talent, but have inside connection, the company will take you on board. But it will withhold your paychecks until you have a "Green Card" on your own. You need to have an immigrant lawyer involving. The lawyer will do the same thing as the corporate lawyer doing but with a fee from your pocket. Regards, MCao
Matt, I don't agree with you - I don't see how a company could hire somebody and not pay him until his Green Card gets approved (which might not happen, BTW). I assume that Monoachi is on H1B, so the new employer will have to do a visa transfer and then start a completely new application for the green card. Only 6 monts into Adjustment of Status is a GC application transferable to another company. And an emergency CG application is not for IT, rather athletes, models - for example before the Soccer World Championship in '94, a French player was sponsored for this type of GC in order to be able to play for US. Monoachi, It's a very difficult decision to make. You need to make sure the new employer is going to sponsor you for the GC. There are states where the labor certificate processing takes only a few months. But there is no guarantee, especially now. On the other hand, you current employer might be able to find you a contract when the current one ends. Good luck!
posted 16 years ago
Hi, How's the hell I know? I never have been in H1B situation. I responded to the post because my fellow co-worker in my company encountered it. A couple of my counterparts in associate companies also have been through it. It is illegal for company not compensate you for your works becasue slavery is illegal. It perfectly legal to withhold your paidchecks. The one issue your paidchecks is the payroll group under control of Accounting Department. The one withholding your paidcheck is under Human Resources Department. There are two different entities in an organization. Monoachi, sorry I may misled you on emergency "Green Card". There is no such thing. It is just a "Green Card" applied under emergency status. Regards, MCao [ October 19, 2003: Message edited by: Matt Cao ]
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