Hello,
I am currently working on H-1B. I am planning to file the Labor Certification for Permanent Residency. In this case, does my employer have to advertise the job even though I have already started working? What type of places the job has to be advertised to? Any suggestions would be appreciated.

Yes!
1. newspaper
2. company's website
3. university

Thank you Sona. Also, does it have to be state owned newspaper, or can it be any internal newsletter published by the place that I am working for?

I am also about to run a green card fever;) Let's pick our Sajhabasi's brain and expertise in this topic.

Wind said: "does my employer have to advertise the job even though I have already started working"
>> Isn't that your employer has to advertise your position, not you??

I believe this is the tougest and critical part of PR process, if your employer is not being cooperative to you. My employer has promised that he will advertise my position sometime this year, and they will proceed if and only if no US citizen is minimally qualified for the position. I guess that's the rule. Well, my education and work experience doesn't matter in this case. Normally, my position requires a Bachelor's degree and certain experience in IT- that everyone can have. So, I don't see the light at the end of tunnel. Today, IT field is so much slumped. Even in this situation, I am quite surprised that some people still get their labor approved. Isn't that there is a high probabilty that HR receives so many qualified US citizen when a position is advertised? How do employers trick in this case to get their employee approved?

Ok, my questions:
1. I have Master's degree and more than 5 years of experience in IT. I should be eligible to appy as EB2, right?

2. How "long" do they have to advertise the position? 1 month or 2 month?? And what is the good time of the year, when minimal people respond to the ads. I was thinking ...during Christmas time???

I am totally dumb in this area.. Please enlighten me.. thanks.

Hellbound:)

okey here are ur answers,

they have to do Advertisement. 3 times and those three ads has to be at least 30 days apart.

you can just have one but to make ur cases stronger mostly they advise 3 newspaper ads.

NEWSPAPER means .. circulated like NY POST. BOSTON HERALD. or whatever your city or state may have. NOT A COMPANY NEWS LETTER.

then comes another portion that is tricky which is they have to post the ad in the company itself so that if any internal employee are willing to apply. and it has to be posted for at least 15 business days.

=====================================================
as always
what do i know (o:

Hello Hello
I am well qualified and have ample experience in IT. I am US Citizen and I am looking for a job.

How could u guys think of getting our jobs. NO WAY

Go to another country man!!!!!

Thapap ji,
Isn't it little weird that....I already started working, and have been working here for almost a year. Now, they have to advertise for this position, and if they find any US citizen in this period, then they will have to hire the US citizen instead of me?

I have a question. Can H1- B status holders go to college on resident tution, or do they have to wait till thier green cards gets approved?

Since I am doing my LC currently, I can give you the sincere opinion regarding all the red tapes in the process. My suggestion to you, dont just blindly follow your lawyer but do your own research and be updated. Here are the steps,

1. first find out if you qualify for either EB1 or EB2 or others..the link below has all the info regarding that. My suggestion is if you have masters or have bachelors and 5 yrs of exp, go with EB2 which has a current date, will save 3 4 yrs green processing time.

http://uscis.gov/graphics/services/residency/employment.htm
2. find out what position you gonna file with and its corresponding prevailing wage in that particular area of employment. The link below has info regarding prevailing wage and online wage library etc..

http://www.flcdatacenter.com/

3. then file labor certification and below are the links for lc and its advertisements reqts etc..


http://workforcesecurity.doleta.gov/foreign/faqsanswers.asp#perm

http://workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_3-3-05.pdf

http://workforcesecurity.doleta.gov/foreign/perm.asp


If you want the detailed info on advertisments reqts and PERM itself, read the attached pdf file.Read page 69 of attached acrobat file for all info regrading advertisements reqt....

Here's the link for october visa bulletin that pushed green card processing time 4 yrs back even for nepalese. But EB2 is still current and if you qulaify for that, do it ASAP.

http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2631.html

wind.
you can't count any experience you gained from your current postion for your LC. It has to be when you started your postion. . read pg 69 of attached file for adv info

hellbound
advertisements have to be placed atleast for 30 days but no more than 180 days. yes you qualify just with your masters. read pg 69 attached file for adv info

i hope this helps...i tried to upload the pdf file but it was too big but u can find it on dol's website..sorry

Dear Libra2005,
"Big US companies don't want dumb Americans but talented foreigners."
Did you know that ?

Bullish,
Thanks for the information. I have saved in my hard drive. thanks.

Bullish jee,
Thanks a lot for the info. I have sent you one email regarding my detail status. I really appreciate your information.