180 Days -- Advice Please

IndianNewYorker

Registered Users (C)
Folks !!
My RD is in Aug 01, and ND is Sep 01. My 180 days get over in feb
2001. My Client has already offered me a job and asked me to join As
soon as the 180 days are over.
After my project is over [its sub contarcted thru another company]. I
will Quit my desi sucker and join my client quitely. I mean i won\'t
resign my old employer, but I will join my client using my EAD. Then
I would go on bench with my old employer and after 15 days my old
employer will stop giving me pay check and force me to sign a leave
of absence ( i know this for sure).
Then the stiuation would be like this
I would have two jobs technically
1) On the bench with my old employer (No Pay, Of course)
2) On a Full time permenent offer with my client.

The sub contacting company thru whom I am on a project know
all about this and prepared to keep it all Hush-Hush !!

I know at some point i would need to resign from the old employer..
but at that time my argument of "I am leaving as you guys don\'t pay
me would suffice"

Any Thoughts , Any Comments, Any Complications you guys see
Arising ?????

All the help would be appreciated.

Thank You so much
 
same situation

i am also in the same situation...but not as complicated as yours. my RD 8/13/01 and ND is 9/20/01. I was offered permanent position but i told i need to complete 180 days...which i told will be after March 20 to be on safe side. But in my case everything will be cool as everything will happen according to everyone\'s consensus...but lets keep in touch and keep updating each other about the happenings...also i have 2 more months to go anyway...btw did you finish your FP?...no FP yet on my side.
good luck.
 
not yet

my employer doesnt know about it yet...but will eventually as there are 2 more months to go..
 
Same situation, But my employer has started new project hunting for me!

He wants to move me before my current contract with my client ends.

I still have about 1.5 months to go for 180 days. What do you suggest?
 
Fellowgc

He can\'t really put you on a project if you don\'t have one right !!
The only way you get a project in this economy is being really really really good at the end client interview. so i guess you should not be really good at the interview. so no project if you mess the interview up.

But here is the question for you my friend.. how did you let your employer know about your switch... ? did you tell him ?

regards
 
i dont know

i dont know how would they think...but i have worked for them enough long...and i like them a lot too...i think my client will manage that..i hope there wont be any problems.
i am just worried about INS guys only...but some recent postings suggests that even INS is pretty cool with the job changes...if i dont change the job..i think i will be gone soon...so better change soon...
 
BHF

Even i have worked for 3 and half long years with hardly anythime on bench. My only problem is that they won\'t pay me on the bench or I have no problems sticking by them. I have a family and need to put food on the table everynight man, i cannot afford to be on bench without pay for 2-3 months.. Last time around when my project ended my company just paid my one month salary on bench and nuthing after that.. I am just not prepared to go thur that shit all over again.
Hence I am switching.. i just hope that i get my GC man. That pretty important to me. Later man
 
No my current employer does not know that I want to switch.

Its the timing. I guess I will lie low for a while. You know these desi employers they get quirked by your actions as they keep an eye on your each and every move.
 
Then relax

Cos if they ( your employer ) don\'t know abut your swicht ,then probably they will not withdraw your I-140. Then do as i am doing.
Apper worried( that your project is gonna end by Mar 11) and interseted in finding a new project. assist your marketing guy in finding projects from dice.com or other sites. keep sending your resume here and there. Even give interviews with middle men as if your the man for the project et al !! but mess up the end-cient interview.

After Mar 11, get a cell phone take all your calls on the cell, and go to work with your present client as full time employee.
(You need to be far far away from your emplyer city to make this work )

and then if you company stops paying you, Great !! take that excuse and leave the company in june/july timeframe.

Just keep messing the interview till then.. and after 2 messed up interviews.. even your marketing guys would lose interest in fiding a project for you. Drag as Long as you can.

What do you think ? Do you think of any issues araising ?
regards
 
Its all in the timing

From What I have learnt from chats with attorneys and otherwise is that one can switch employers before 180 days if I-140 is not withdrawn by the sponsoring employer. Though CSC interprets it otherwise as per attorney Murthy.
AC21 works. Atleast in vermont. I have narrowed following cases:
Case 1: Employee gets fired/layed-off/leaves before 180 days employer does not inform INS. Employee can get GC if takes another employment after 180 days.

Case 2: Employee gets fired/layed-off/leaves before 180 days employer informs inform INS. Employee is screwed as pre AC21 law INS revokes I-140 and Stops AOS. What happens post AC21 law, no one knows.

But you know it is really hard trying to race the clock as the employer also knows that this guy is whiling his time away.

I am at such a point in my carrier(I think most people reach after enough experience in their field) that most of the people get satisfied by simply looking at the resume and asking non-technical questions. Am really sick of being thrown about.

Well your approach seems cool to me except that desi employers nose around a lot.

I also plan on going for a vacation, that will buy me some time. I am keeping my fingers crossed.
 
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