mytv
08-16 02:09 PM
please do reply .I am waiting.
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go_guy123
10-02 01:51 PM
Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
Long term US citizenship is far better. No confusion about that.
If you have a GC/US citizenship job opportunities are far far more in US.
I know because I live in Canada and worked on H1B in US and also worked in India.
Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.
The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
Long term US citizenship is far better. No confusion about that.
If you have a GC/US citizenship job opportunities are far far more in US.
I know because I live in Canada and worked on H1B in US and also worked in India.
Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.
The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).
GCHope2011
09-17 11:19 AM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
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09-05 09:32 PM
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abracadabra102
11-07 08:15 AM
1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
I will comment on 4.
Estate tax is in principle a very good idea. If some one dies, a portion of that persons estate is taxed (at almost 50%) before it is distributed to whomever it was willed. This promotes re-distribution of wealth, prevents concentration of wealth in a few families. Incentivises to work and earn one's own money than depend on parents property. This estate tax was first introduced by Augustus Caesar about 2000 years ago and almost all western nations use it to varying degree. I wish this tax is imposed in India too.
Warren Buffet and Bill Gates both support estate tax. There are some arguments against it. One argument is that if children do not have right to parents property, then society (through government) does not have that right either. This is basically a moral argument but we do many things for greater good at the cost of individual right (forcefully buying land for public works like roads etc.) and is generally accepted.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
I will comment on 4.
Estate tax is in principle a very good idea. If some one dies, a portion of that persons estate is taxed (at almost 50%) before it is distributed to whomever it was willed. This promotes re-distribution of wealth, prevents concentration of wealth in a few families. Incentivises to work and earn one's own money than depend on parents property. This estate tax was first introduced by Augustus Caesar about 2000 years ago and almost all western nations use it to varying degree. I wish this tax is imposed in India too.
Warren Buffet and Bill Gates both support estate tax. There are some arguments against it. One argument is that if children do not have right to parents property, then society (through government) does not have that right either. This is basically a moral argument but we do many things for greater good at the cost of individual right (forcefully buying land for public works like roads etc.) and is generally accepted.
shishya
04-30 12:57 PM
Why is the issue date matter?
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
The birth was registered just two months later -- but from what I've been reading the issue date (being so recent) does raise some eyebrows as well. The question posed is ... why haven't you tried to get a 'correct' birth certificate issued so far and only got it issued last month for US immigration purposes.
To be really safe, our lawyer is requesting we get affidavits sworn as well.
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
The birth was registered just two months later -- but from what I've been reading the issue date (being so recent) does raise some eyebrows as well. The question posed is ... why haven't you tried to get a 'correct' birth certificate issued so far and only got it issued last month for US immigration purposes.
To be really safe, our lawyer is requesting we get affidavits sworn as well.
more...
navyug
08-13 05:06 PM
My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
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greencard_fever
08-19 05:49 PM
Hi Friends,
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.
Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.
Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.
more...
sledge_hammer
06-29 09:56 AM
Please take this new poll based on your latest situation.
Thanks!
Thanks!
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averagedesi
07-13 02:57 PM
Here is an excerpt from the blogs of one immigration attorneys
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
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never_giveup
11-05 03:13 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
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dealsnet
02-24 09:03 AM
If the work for the same employer is fine. The EIN in the W2 and 1099 should match.
If any query comes, you can say overtime is billed on 1099.
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
If any query comes, you can say overtime is billed on 1099.
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
more...
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chanduv23
11-20 08:57 PM
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rockstart
02-05 01:13 PM
Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.
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Ann Ruben
01-08 11:26 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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kondur_007
08-17 03:07 PM
Thanks Kondur_007,
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.
If that is the case, you have two options:
1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).
2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).
After that you can get your SS card.
Good Luck.
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.
If that is the case, you have two options:
1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).
2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).
After that you can get your SS card.
Good Luck.
more...
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wellwishergc
07-13 02:19 PM
got it, sonu. Thanks; clear as water now!
skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
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ilwaiting
07-08 04:56 PM
Guys! what do you expect? Mr Tancredo is a ultraconservative rep and is against any immigration.
Just ignore him.
My bad it was Tom Tancredo.
Just ignore him.
My bad it was Tom Tancredo.
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sanjeev_2004
10-11 05:39 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
Rsamuga
07-24 04:31 PM
Hi -
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
optimist578
01-19 12:31 PM
I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
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