Client Forcing to Join Before 180 Days.. What are the options I have.

K

ksv

Registered Users (C)
Hi guys, I need help in finding out facts to join client before 180 days.
My client is forcing me to join, I have applied my 485 in NOV 08 (RD) and I really do not want to jeopadize my GC. I want to know what are the options I have.

I spoke to my employer who sponsered my GC and attorney, They suggests me to wait till 180 days to avoid potential problem with INS. My employer is very co-opearative, eventhough I do not want to take any chance.

Gurus please advice.
 
My friend is having the same situation.

My friend filed his I485 4 months ago (July 2001) and his client wants him to join their firm. His client didn\'t want to pay $300/hour to his consulting firm. He can either join them or they are going to terminate the project. He has no choice but to join because currently, his company is having financial problem. His employer wants to close the business and suggested him to join the client company. He didn\'t want to take the H1B transfer option so he goes for EAD. Not only he is afraid about the GC problem but he is worried that his client company will termintate his employment once the project is finished in summer. He wonders if he will be able to get his GC by that time.
 
I explained the situation to the client.

I explained the situation to the client and they have their own concerns, They understand the situation also.

They say "We do not want to loose you, but may not be able to continue on contracting basis, we want to convert you as a employee, We want to work out every possible way to convert you"

Problem is they are not saying what will they do if I say "Wait for another 4 months"

I do not want to jeopadize my GC. I just want to get more details of AC21 and options about the situation.
 
No Title

If your employer is co-opearative, click a deal with him. Ask him to reduce your rate and not charge over-time to your client till you complete 180 days. I\'m sure your employer will still earn money from you and your client will be able to afford you for a few more months.
 
ask to start h1 transfer process

Ig Ur client insist to join ask them to start Ur h1 transfer process. it will take 2-3 months for the h1 transfer. Wait till u complete 6 months and get into clients payroll after completing 6 months
 
Nothing is 100% certain regarding AC21 in this situation

Different attorneys have different opinions, and even a given attorney\'s opinion seems to change over time. There is a risk of leaving now, but it may work out ok too. AC21 itself seems to indicate that you\'d be OK but without implementing regulations nothing is certain.

There is definitely a risk of joining now but if the alternative is no client so no job, you may be better off taking the risk. The decision, and the consequences, is ultimately yours.

If you want an attorney opinion that will make you feel better doing it, see Carl Shusterman\'s opinion at www.shusterman.com. If you want an opinion that says you probably cannot join, see Jose LaTour\'s opinion at www.usvisanews.com.

Jim
 
Another Good idea!!!

Is to ask your client how much they are willing to pay you as a fulltimer and divide that by 2080 and that will be your hourly rate. This way the client is only paying what they will pay a full timer MINUS all the benifits. Explain to the client(Often times they are not aware of this) and maybe you can clinch a deal. Let us know what happens

Thanks
Krishnan
 
Thanks guys, My contract is extended. << Look at the sheela Murthy Answer >>

My contract is extended finally, I explained the situation and spoke to their attorney and the attorney explained to my manager and director.

Thanks for your suggestions.

&nbsp;Following question I asked sheela murthy :

Chat User : What are the consequences of changing employment before 180 days, when GC sponsoring employer is co-operative?

Attorney Murthy : As mentioned several times before during the MurthyChat sessions, it should not make a difference in the INS\' continuing the processing of the AOS case, as long as the INS does not adjudicate the case within 180 days. Again this is based on the AC21 law for which we still await INS regulations after more than a year.
 
Yes, but look at the response at http://www.usvisanews.com/wedquest122601.html

5. My I-485 filing date was August 22, 2001. I just got my advance parole and EAD. My current company is in bad financial shape. If my job can last until February 22, 2002 (180 days) then I was hoping to get another job at a more stable company. Can I do this and if so, what steps do I need to take?

A: That is a difficult question. On the one hand, under AC 21 the facts of the I-485 pending for at least 180 days and a new job offer for the same position with a different employer would allow your I-485 to proceed despite the change in employers. Procedurally, you would only need to write a letter to the INS as to your change in intent regarding employers, and the Service would then respond with a request for further information as to the new employment. The sticky point is that throughout the process, your I-140 employer is supposed to have the intent to employ you upon your attainment of permanent residency. (And likewise you must intend to work for the I-140 employer at the end of the process.) If the intent changes sooner than 180 days into the I-485 then, at the point it does, that I-140 is no longer a valid basis for your adjustment.

I realize it suits your purpose now to hope Sheela Murthy is right and Lorenzo Lleras is wrong, but that is an awfully big risk to take considering there is a difference of opinion and the consequences of being wrong are denial of the I-485.

Jim
 
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