Does size Matter ?

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Leo2002

New Member
Does size Matter ?
Leo2002 - 05:09pm Mar 14, 2002 EST

Hi,

I am working for a small company of 4 -8 consultants . They recently (Dec 2001) filed for my GC under RIR EB2 after walking the whole nine yards like ADVT., etc., This is being done from New York. My H1 expires during April 2004.

My questions is
1. Does the size of the company matter towards GC ?
2. Even though Immigration Portal Processing times says it takes around 10-12 months for the state , I know of some cases where they got approved from NY within 3-4 months underRIR EB2. In which case what is the approximate time it might take for me ?
3. What are the various time frames that various stages take in this case from NY?
4. Would I safely get the GC done before my H! expires? If not what are the options I have here ?

I would greatly appreciate any help in this regard !

Thanks in advance and Cheers.

Leo2002
 
Answers

Q1. Does the size of the company matter towards GC ?

A1: Smaller companys may have a more difficult time showing ability to pay the offered wage at the I-140 stage.

Q2. Even though Immigration Portal Processing times says it takes around 10-12 months for the state , I know of some cases where they got approved from NY within 3-4 months underRIR EB2. In which case what is the approximate time it might take for me ?

A2: I\'ve processed maybe 20 LCs through NY over the past year. NONE of them took 3-4 months. 10-12 months seems far more accurate.

Q3. What are the various time frames that various stages take in this case from NY?

A3: You can get processing times from links at www.shustermant.com

Q4. Would I safely get the GC done before my H! expires? If not what are the options I have here ?

A4: As long as you don\'t get kicked back into a non-rir you\'re likely to get through the LC and have a GC pending by the time your H-1 hits 6 years. You can then extend the H-1 year-by-year.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
No Title

Jim,

Thanks for your prompt reply. You sort of cleared most of my doubts and I am obliged.

Issue #1:
The question that lingers in my mind is that there is no way that my employer is going to show how much the company is worth etc., and to that extent I am handicapped. Also is ther a way to find out when my GC papers have been filed ? My lawyer says that in NY nobody gives any receipt when you file for the GC ( atleast at LC stage). Is it true?

Issue #2
Based on my Professional skills ( I am a Senior Consultant in Oracle Apps), there is a big company based in Vermont that offers to do my GC. They say that it takes just 2-3 months for them for the RIR in Vermont, 2-3 months for I 140 . But the Problem is that they have the history of troubling people after filing 485. (While my employer is pretty straight forward guy).... My question is....Is it worth taking the risk of going to the Big Company or Is it wise to continue with my current Employer?

Issue#3
Also you qualified in your reply for Q#4. " As long as you don\'t get kicked back into a non-rir " . What do you mean by that ? Do such cases arise? My background is a Master in Electronics with a progressive experience of 10 years in Software . My employer advertised for six months in papers before applying for my GC .

Jim, once again I would like to thakn you in advance.

Leo2002
 
No Title

Issue #1:
The question that lingers in my mind is that there is no way that my employer is going to show how much the company is worth etc., and to that extent I am handicapped. Also is ther a way to find out when my GC papers have been filed ? My lawyer says that in NY nobody gives any receipt when you file for the GC ( atleast at LC stage). Is it true?

Answer 1:
The company must show that it has the ability to pay if it wants to get any I-140s approved. The only exception is for companys with more than 100 employees, in that case INS will normally accept a letter certifying ability to pay from the CFO. NY does not normally issue receipt notices for LCs.

Issue #2
Based on my Professional skills ( I am a Senior Consultant in Oracle Apps), there is a big company based in Vermont that offers to do my GC. They say that it takes just 2-3 months for them for the RIR in Vermont, 2-3 months for I 140 . But the Problem is that they have the history of troubling people after filing 485. (While my employer is pretty straight forward guy).... My question is....Is it worth taking the risk of going to the Big Company or Is it wise to continue with my current Employer?

Answer2:
It\'s a personal decision and I don\'t have nearly enough information to give you a personal opinion that will have any meaning.

Issue#3
Also you qualified in your reply for Q#4. " As long as you don\'t get kicked back into a non-rir " . What do you mean by that ? Do such cases arise? My background is a Master in Electronics with a progressive experience of 10 years in Software . My employer advertised for six months in papers before applying for my GC .

Answer 3:
Yes, this is happening much more frequently in the current economy. If DOL believes that the recruitment is not legitimate or sufficient, or if they believe that qualified US workers are available, they may make the company go through a traditional recruitment.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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