Green card sponsorship for H-1B
Jun 13th 2018, 7:51 pm
#16
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Location: Houston, TX
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Re: Green card sponsorship for H-1B
Exactly, it doesn't make sense. I've never seen the 2 year rule and don't believe it's true. Typically as long as it's a similar occupation and location like Folinsky said, there's not an issue. No job is permanent and binding for 2 years, unless maybe a 2 year contract. It's an at will position. If you get laid off a week after you get your green card, what happens? The company will just say that at the time they started the green card process to the end, they intended to keep the employee. An employee can simply say the same.
Jun 14th 2018, 12:19 am
#17
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Re: Green card sponsorship for H-1B
You can not believe it all you want, as I recall it was some DOL guidance that they sent me years ago. It was along the lines of, permanent position for the purposes of the labour certification means at least 2 years, job title means one of the occupational codes in the dictionary of occupational titles and geographic area means within ordinary commuting distance, which was defined as something like 40 miles and there was reams of information on "prevailing wage", which you must be paid either at that or above. Change any of those and the labor certification is no longer valid, thus the basis for the I-140 approval is no longer valid.
Jun 14th 2018, 1:06 am
#18
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Re: Green card sponsorship for H-1B
So I have been searching for this DOL guidance. All I can find is that Schedule A, Group II used to include a definition having been gainfully employed for 2 years prior to submitting the labor certification. The definition of Schedule A, Group II has since been revised to only 1 year.
(For those not familiar, Schedule A is a way of skipping the PERM step with DOL and applying for labor certification directly with USCIS. It is mainly useful for nurses and physical therapists.who are under Group I. Group II is for aliens of exceptional ability, who are internationally recognized. But f you fall under the definition of Schedule A Group II you probably meet EB-1 or EB-2-NIW, hence Schedule A Group II is rarely used).
The BALCA decision defining what DOL considers to be permanent is called Matter o Albert Einstein Medical Center
(For those not familiar, Schedule A is a way of skipping the PERM step with DOL and applying for labor certification directly with USCIS. It is mainly useful for nurses and physical therapists.who are under Group I. Group II is for aliens of exceptional ability, who are internationally recognized. But f you fall under the definition of Schedule A Group II you probably meet EB-1 or EB-2-NIW, hence Schedule A Group II is rarely used).
The BALCA decision defining what DOL considers to be permanent is called Matter o Albert Einstein Medical Center
Jun 14th 2018, 1:14 am
#19
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Joined: Dec 2007
Location: Houston, TX
Posts: 251
Re: Green card sponsorship for H-1B
So I have been searching for this DOL guidance. All I can find is that Schedule A, Group II used to include a definition having been gainfully employed for 2 years prior to submitting the labor certification. The definition of Schedule A, Group II has since been revised to only 1 year.
(For those not familiar, Schedule A is a way of skipping the PERM step with DOL and applying for labor certification directly with USCIS. It is mainly useful for nurses and physical therapists.who are under Group I. Group II is for aliens of exceptional ability, who are internationally recognized. But f you fall under the definition of Schedule A Group II you probably meet EB-1 or EB-2-NIW, hence Schedule A Group II is rarely used).
The BALCA decision defining what DOL considers to be permanent is called Matter o Albert Einstein Medical Center
(For those not familiar, Schedule A is a way of skipping the PERM step with DOL and applying for labor certification directly with USCIS. It is mainly useful for nurses and physical therapists.who are under Group I. Group II is for aliens of exceptional ability, who are internationally recognized. But f you fall under the definition of Schedule A Group II you probably meet EB-1 or EB-2-NIW, hence Schedule A Group II is rarely used).
The BALCA decision defining what DOL considers to be permanent is called Matter o Albert Einstein Medical Center
Jun 14th 2018, 4:47 am
#20
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Joined: Dec 2005
Location: Colorado Springs
Posts: 1,214
Re: Green card sponsorship for H-1B
Agree with all. There is literally nothing codified in immigration law about what you do the day following receiving LPR status. Up to receiving your LC-based GC, you must have the intent of taking the job you were sponsored (and you may be asked this at the interview, I was), OR if you did an AC-21 based Supp J, the intent of taking that job. But the key word is INTENT. You can intend to do something, and then change your mind. All legal, immigration wise. Nonetheless, I would still take the job and do it for a while, because who knows if these regulations might be tightened up (and then retroactively applied) in the future?
People have raised the possible issue of changing jobs quickly after receiving GC when it comes to the naturalization adjudication process, but I haven't seen anything online to support this.
People have raised the possible issue of changing jobs quickly after receiving GC when it comes to the naturalization adjudication process, but I haven't seen anything online to support this.
Last edited by neill; Jun 14th 2018 at 4:54 am.
Jun 14th 2018, 12:01 pm
#21
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Re: Green card sponsorship for H-1B
There is a general presumption against retro-activity in the law. I do agree though - the way I see it, working at the job for a prudent period of time after receiving the green card is evidence that you did have that intent.
