Need Advice

[hakku]

Hi all,
I have been on H1B visa for 4 years, my company is about to file for my labor from Iowa(a american company), not sure how far this process will go.

I am planning to get married.

There are 2 options :
1) I go home and get married from india.
2) I also have a proposal here (The girl is GC holder and is migrated 6 months ago)


I want to know how difficult it would be to convert for my wife from H4 to H1(in case i get married from India).

What would be my status in case I marry a GC holder. Do I have to wait until she become citizen(that will take more than 4 years and my H1B expires in next two years).

Thanks a lot for any advice.

Pls excuse me if this is not the right group for my question.

[Abr2004]

Dear Hakku,

First of all congratulation for having two proposals from women.

Your posting shows that you want to make your choice who you should marry based on the legal status.

I guess you are a highly skilled Indian programmer who was educated in Bangalore. I would suggest you to return to India and to marry the girl in India from who you got a proposal. With your smart mind and with the entrepreneural spirit you have received in America you have much much better chances to be a successful business person in India. If you stay in America, you will be regarded as a foreigner and as an Indian for the rest of your life. In India, however, you can retire at te age of 45 if you do good in your business. I assume you are at the age of around 26, so you have the power and the mind to establish something big for yourself in India. You might know that the whole world is offshoring their IT departments to India, that means, you will have American customers who will be happy to give their project to an Indian who knows the American way of doing business very well. So you will have a big advantage.

Best regards,

yours truely

Abr

[injunguy]

IMHO, you should make your decision based on which one of the girls you like and want to spend the rest of your life with (assuming you want to spend the rest of your life with one person, of course). I just think it's a little too simplistic to reduce it down to legal status and ease of immigration. Just my opinion, not judging...

[hakku]

Thanks Joe and all other,
I thanks for your advice. Joe I have seen your comments helping thousands of people on this portal.

I have few questions:

In case I marry with GC holder, and we main the independent status and If nothing works for me and after another 2 years I have go back. Can she bring me here once she is citizen.

Can I stay on H4 after my completion of 6 years of H1B, provided my laber is less than 365 days and my spouse is on H1B.

I don't have enough on immigration law. I am trying to understand, Pls excuse me in case these questions does not make sence to you.

Thanks a lot.

[AmericanWannabe]

Originally Posted by injunguy

IMHO, you should make your decision based on which one of the girls you like and want to spend the rest of your life with (assuming you want to spend the rest of your life with one person, of course). I just think it's a little too simplistic to reduce it down to legal status and ease of immigration. Just my opinion, not judging...

One has to be practical, facing many practical difficulties.
Marry first, love later.

[hakku]

Thanks Joe. This clears a lot to me. Can she have baby ( GC holder) legally though we are maintaining statuses independently.

Thank You.

[hakku]

Thanks Joe for sharing this information.

[vm1214]

Hi,
My question has nothing related to above queries it's different but the bottom line is I need advise.

Can I leave the company from which I got GC and start my own business, will it be still a fraud ?

In other words the client whom I work for, ends my contract and I do not actively participate in getting another client, then can I do some business as my employer will no longer pay me as there is no client.


Thanks

[AmericanWannabe]

Originally Posted by ****

The issues discussed in other threads here still apply. At the time of becoming a PR, you have to have the good faith intent to work for the sponsoring employer indefinitely.
Hmm, what are you talking about? You are an employee. Your salary is not dependent on whatever client you work for or not. The employer can of course fire you if there is no work for you. If you are fired, you are of course free to do whatever you want.

Some consultants are hourly paid by their employer, the consulting
firm. If there is no client, then there is no pay. There was a debate
that about whether Hourly Rate workers can get labor certificate
or not. Someone said Impossible but some others say they
did get labor certificate done even they are hourly paid workers

[AmericanWannabe]

Can a job offer letter say " You will be paid $40 per hour and
you are expected to have 2000 hours of work per annum". Can sponsor
put the same wording down on the labor certificate form
which the DOL will recognize?

[vm1214]

Hi,
The employment offer letter states the LC salary for going to CP interview, will it be ok if the person gets paid more than the salary mentioned in the LC. Will it have any adverse affect.
Any suggestions

Thanks

[vm1214]

Thanks **** for all your advises in all the thread I have put the questions.

[vm1214]

****,
Is it legal to take a part time job in between the projects (bench period) ?

Thanks

[vm1214]

Originally Posted by ****

. The employer agreed to employ you fulltime, project or not. If they don't keep up their end of the bargain, it is a good reason to leave. You can argue that you would like to continue working for them, but since they put you on bench, you have no choice but to go elsewhere.

{Argue with who ? Do you mean INS. In the employment letter given to me during the GC says fulltime but actually I am working on hourly with him, no project no pay. So in mean time if I am able to get another project by my own can I shift to another employer ? So it means he has no right to ask me questions ?

Is it not against the thumb rule to leave the employer ? Can you elobarate more.

Do I need to wait till end of the month to see if he pays me ? Anything will be verbal if I talk to him, so how to prove, by showing payslip didn't get generated }

[vm1214]

The job offer is after getting GC. There is no contract to sign, it just offer letter, before GC the terms can be different after GC I can be full time so why is the question of fraud ? Can't I say after GC I was going to be full time but didn't get ?

Thanks

[vm1214]

Joe or any senior,
How long after the GC stamping in the passport should one wait to claim for Unemployment benifits if there is no salary from the employer due to no project ?

Any advise would be greatly appreciated

Thanks