help Pork...n' gurus!

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sks052001

Registered Users (C)
Now my situation is such,i'm a contractor, my project is ending in May,my parent company has already told me that they will stop my salary as soon as my project ends.

they will look for a project for me and will start the salary as soon as i get another project.

I just want to know what complications can it create for my Green Card processing., i have a valid EAD and AP.

thanks a lot,
cheers,
 
hi sks,

there shouldn't be any complications status-wise, however, the BCIS would definitely like to ascertain that your sponsoring employer does have a permanent position available for you upon GC approval. to do this, normally they RFE for employment verification letter, where the job details and salary is stated. even if somebody has been benched for a while, (and BCIS can verify this by RFEing for paystubs, W-2s, income tax returns etc.), the important thing is that the employer must certify that the job will continue to be available for the employee.

i am not sure what the current BCIS policy is on job positions where there could be considerable periods of bench-time. best case scenario, you will just get an RFE for a simple employment verification letter, or otherwise, the BCIS might raise a stink about possibility of bench periods, where they might expect you to leave your sponsoring employer after GC approval.

the timing, in your case, is also tricky, given your RD/ND. your case may be touched very soon if not already on somebody's desk.

is there a possibility that you might find a project of your own, and then join that company directly, invoking AC-21? is there a possibility that your present employer might see the situation you are in, and decide to be more cooperative, and help you out?

i know the above is not very helpful to you at this point. really, the trick is to demonstrate to the BCIS that you will be employed on a permanent basis by your old/new employer, should the need for that arise.

good luck!
 
thanks pork for always taking time to answer and helping each and everyone u can......!

God Bless U...!

cheers,
 
thank you, sks, for your kind words and wishes. without trying to sound modest, i have to say how much all of you guys have helped me. i have learned immensely from the participants of this forum, this forum is my sounding board and support group all rolled into one.

best wishes!
 
pork

Hi Pork:

I am an avid but mostly silent reader of this forum, but more so of your (and some others') erudite replies. Truthfully, the quality of your responses (apart from the quantity), as well as your efforts to place them, knowledgeability, style of writing (and good english!), and shall I say dedication, amazes me. I was just curious what stage your 485 is in - and if you are Indian (at the risk of sounding anthropocentric, let alone India-centric!).

I have some 485 questions too for you regarding AC21 and the likes (my case is actually an EB1-OR case but terribly complicated, to my view), but I'll save them for future months - but I was taking this opportunity to just thank you for your valuable inputs. Good luck.
 
hi orca,

thank you very much for your kind remarks, i was touched. and thank you calling my replies "erudite", rather than "pedantic" as my wife would say (and she has never read any of my posts). incidently, my nom de guerre, if you will, is her unwitting contribution: remarking on my admittedly sedentary habits, she observed that i am in the imminent danger of very soon being mistaken for a pork chop that somebody dropped on the couch.

my i485 RD is feb 02, so there is some way to go yet. i just hope and pray that this journey is not too exciting - i am well past the stage when i could enjoy roller-coasters, real and metaphorical. and i am just a humble EB-3 non-RIR case (not that, i realize, that has stopped me from being somewhat prolific in my postings); i will try to be as helpful as i can in your case.

to further gratify your curiosity, i hail from the land of the pure (a sophism if ever there was one, although g. w. bush and co. have taken sophisms to new heights), so i also have the dubious distinction of being a group 3 special registrant. both my parents were born in india, though.

i hope any complications in your i485 case do not become worrisome for you at any stage, and that you get your approval sooner than later. once again, thank you for your thoughts!

good luck!
 
pork:

i did read previously the reasons for the name that you have chosen and was quite amused. again, at the risk of over-qualifying you and ultra-generalising matters, it's ghastly (probably more because of the somewhat satirical joke that you've played here) to think that W would be pretty confused to find a special registration fella naming himself as you did. disgusted disdain, or sobre subtlety?

in any case, without beating around the bush much longer and playing with words - something we'd rather leave to W - let me say that my RD is early 04, 2002, so although we're not in the exact same boat, we appear to be in the same 'cruiser' - pun intended! in addition, the only thing that led me to an EB1 was my inherent inability to launch an EB2 or 3, so there is no humbleness (or haughtiness) either side of these lines. as immigrants, we're statistically more educated than the masses, but only statistically; and beyond that, it's my belief that 1, 2, 3 etc are just draw of the cards, or luck. moreover, had i had an approved LC or was an EB2 or 3 case, i wouldn't be as worried about invoking my AC21 as i am now. so these things even out to the closest significant figures.

may be like Descartes said, this whole GC thing is a huge illusion. at least, then, we could wake up from it sometime in the near future.
 
Big Words

Pork and Orca

Pedant!!! erudite!!!
Keep it up guys, you got me to open a dictionary.
My wife complains that I waste a lot of time at the computer atleast now I can say I am acquiring knowledge.
 
thanks for your comments, guys.

while on the subjects of the english language and g. w. bush, but quite off our beaten path otherwise, i couldn't help being reminded of a very recent folk rock song by John McCutcheon that i had heard, called "Hail to the Chief", which he wrote using many of W's now-famous public utterances. in fact, this song was billed as "John's collaboration with George W. Bush. President Bush wrote (or at least contributed) all of the lyrics."

fortunately, this song is available for download as an MP3 on this site: http://www.folkmusic.com/f_mp3.htm

another song that i absolutely loved was "Ashcroft's Army", also on the same website. there are still others, such as "Duct Tape" and "The List", which i am sure you will enjoy.

i guess the spirit of the 60's does live on, albeit it is rather hard to find in these gung-ho times. but when you do come across it, its refeshing.

i realize this has absolutely nothing to do with immigration (or has it?), but i just had to share it with you guys, or anyone else who cares to give it a listen.

enjoy!

P.S. my apologies to mr. rajiv khanna, although i suspect it won't be my last one!
 
Sankrityayan:

Mine IS an EB1-OR case where the University filed the 140 for me; so I guess INS does have the right to ask for the 'permanence' evidence.

>"Is it also advisable to have a letter sent from the old employer >bolstering my position by simply stating that I was in the old job >for over 180 days?" The 180 day rule applies to the time >elapsed from the day the INS received your AOS petition. You >can easily establish this by attaching a copy of your receipt >notice.

Well, I was hoping to PROVE that I was ACTUALLY in the job for at least 180 days by a letter from my previous employer. Although, AC21 might go on the basis of an 'unadjudicated' 485, I just wanted to plug the holes by a declaration of the length of my original job. And no, I don't have a lawyer - maybe this is a good time to hire one.

>one of the things that i have learned dealing with the genus >Bureaucratus, and especially its species immigraris, is that you >don't want to give them too much information. if you give B. >immigraris something unsolicited, their brains start twitching, >and they can turn on you and attack you.

Pork:

There's a reason why I chose my name to be the way it is. As you know, Orcina orca is the scientific name for the critically endangered killer whale (NOT killer at all, btw). All the more reasons to be prudent, you say?

In any case, once again, I've seen cases where the erstwhile-INS
has pounced on species which are, well, at least stronger than orcas, who have innocuously changed employers before 180 days (even though the adjudication took over 180). My other letter was going to shun off those predatory tactics from the Bureaucrati. You're right, and as I've said above, I think my one line of defence could be by seeking the advice of the Advocati.

The word 'permanent', I must admit, does look a bit odd for an academic position, especially on the actual 'offer letter': "Your appointment with the University is permanent, based upon mutual interest..." - where's the handkerchief to ward off that old smell?

>P.S. the lyrics sound much funnier when you hear the songs.

WOW! I did check these songs - they're really cool! I can't believe that honorable Mr. President actually mentioned all this. Hail His Majesty!
 
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