Employer Stopping LC Application - HELP

[InABind]

I have a very stressful situation regarding my Green Card situation. My employer is filing my petition under the EB-2 category through Fragomen.

They posted the recruitment ad, received (a ton) of resumes and began interviewing. Now, the HR department of my company tells me that they cannot proceed with my application further as they have received 100+ resumes (which makes sense due to the economy), most of which match the exact skill-set posted as part of the job description in the recruitment ad. Amongst the shortlisted candidates they interviewed, they have found candidates that are a good fit, hence, as per DOL rules, they cannot proceed with the application as they have found suitable candidates in the
surrounding area. Is that true?

They are not planning on replacing me, laying me off, etc but if the above is true, I have until beginning of 2010 (about a year) left on my H-1B, what are my options as I feel I am in a very precarious situation.

Please advice...HELP!

Thank You,

In-A-Bind

[txh1b]

Your company has no choice. Especially, in this economy. There is not much that can be done.

[InABind]

There have to be some options in my case right?

I mean if the economy was humming along, the company would (could) still potentially receive qualified candidates who are willing and available when they place an ad for recruitment. What do they do in those cases?

The only difference is that right now they are swamped with resumes fore the ad as opposed to getting a few responses right?

[InABind]

Thanks for all your replies guys. Appreciate it!

I have a few more questions:

Who is required to interview the candidates when resumes are received to determine if they are a good fit - HR, Hiring Manager, other?

I am being filed in the EB-2 category, would it help my case if I downgraded to an EB-2 category. Would the process start from scratch on that?

Is it true that after resumes are received and interviews conducted, there is a time-limit (30 days?) by which the LC has to be filed?

Thanks much.

[txh1b]

I mean if the economy was humming along, the company would (could) still potentially receive qualified candidates who are willing and available when they place an ad for recruitment. What do they do in those cases?

They have to maintain documentation for all resumes received for the job ad, why each one was rejected, what was the grounds for it, interview any candidates that qualify for the job ad in terms of experience and education, document why they were not selected.

I have seen a case where the company spent close to 10k in flying two candidates that qualified for the job, interviewing them personally along with a team of company managers. It is a huge expense in terms of travel, accomodations, attorney fees, time of the company executives etc and in this economy companies may not be willing to do it.

The documentation to be maintained is huge for each qualified candidate received or for each resume received for the job. DOL can audit it any time. If a qualified candidate is selected for an interview and the job is not offered to them, they could go to the extent of complaining to DOL if they feel there was some elimination being done for GC filing and the company could be barred from filing any LCs and in some cases huge fines and criminal action as well.

Companies do not risk their existence for the sake of an immigrant.

[InABind]

txh1b, thanks for your prompt response.

In my case, my supervisor did not conduct the interviews for the qualified candidates - who makes the determination (HR?) that the candidates are qualified and match the jobs desc?

Also, can the case be downgraded to EB-3 from EB-2.

And, Is it true that after resumes are received and interviews conducted, there is a time-limit (30 days?) by which the LC has to be filed?

[txh1b]

Not sure about it. I know that the ad should be open for 30 days and after it they should wait for another 30 days before filing for labor. I donno how long they can wait after the 60 (30+30)days.

To change it back to EB3, they have to modify the ad essentially restart the whole thing.

[A66tee]

You know my Mother would say that if you don’t have anything good to say about someone you should not say anything at all but in this case I have to differ from my mother.
Fragomen is Terrible. Customer service is poor at best. They try to survive on their reputation as being a big giant in the industry but they are terrible with customer service and tries you bully you with request for additional information, etc. When they want something you have to send it to them yesterday but when you need them--they don't return your call for 6 days.
They hold your particular paperwork even after it has been approved b/c someone else in my company (not me but someone else) did not pay their attorney fees--so they held everyone's paperwork---caused me to have my Driver's License expire and not be able to drive.

So my fellow foreigner’s---DO NOT use Fragomen---especially if you have a choice.

[txh1b]

They have had big setbacks with DOL audits as well. I think recently, they fought the case with DOL and are getting labor approvals. You don't have a choice if the company has them lined up as you cannot deviate from the policy of HR and use another lawfirm.

[yngwerther]

Fragomen

I would have to agree with A66tee. Fragomen really messed up my case and also withheld my case file for weeks. I am not sure why. I paid them in excess of $7K for their half assed approach to processing my extraordinary ability visa.

Not only are they rude, aggressive and have poor customer service skills, they are prohibitively expensive. Total legal fees were around $9K (including filing fees and incidentals). Though they eventually obtained approval for my O-1, and I still have my job, I was set back $9K for a while before i was able to retain any savings. I am not sure why my employer still uses Fragomen. I also heard they were being audited by the Department of labor for fraud. Very unprofessional if you ask me.

I have since switched attorneys and now use a smaller, customer friendly firm that specializes in extraordinary ability visas and green cards for artists, designers and other creative professionals. They are located in New York City (please e-mail me for their contact information!) They are extremely down to earth and will try to help you no matter what situation you face. The fees are affordable and they keep you updated on the visa process on a daily basis. When I transferred employers, they basically answered all my questions and educated me on the complex immigration process most people don't want to think about.

Other firms worth mentioning (I have met and consulted with all the following immigration firms):

1. Barst & Mukamal, LLP
2. Fridman Law Group, PLLC
3. Zhang & Associates, PC

Don't let large firms like Fragomen fool you. They are total crooks!!! If you have any questions about O-1s for graphic designers like me, please e-mail! I do not want anyone to go through what I did with them. EVIL, I TELL YOU! JUST EVIL!

A

[A66tee]

Amen!

The reason companies use Fragment is because they have a great reputation in years past, they are international (hundreds of lawyers) and have office set up in a number of states and countries. Also, I am only imagine that they are cost effective for the company that signs up to use them.
The one thing that bothers me is that when you are filing your PERM, I-140, etc you (as a client) HAVE to use the same attorney as the company.
I know they is not a forum where we lay attacks on certain firms, etc but let me just say "I WILL NEVER EVER USE THEM AND WOULD NEVER EVER ADVICE ANYONE TO USE THEM". There are simply better experiences to be had with other company/attorneys. So, my last piece of advice is that if you have a choice in selecting an attorney---go with someone else!

[InABind]

Dear yngwerther,

can you please give me the name of the firm you worked with regarding your O-1 visa.

I am exploring that route with Fragomen as my PERM app is stalled because of high number of "qualifed" candidates during the recruitment effort and I am running out of time.

Thanks.