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octave

New Member
I work for a Indian company .. it is an consulting company with some 27 employees. Only for 2 employees, all others are paid % of bill rate. That is whatever our client company pays the company takes away certain % and gives us the rest.

This company did my labor and mine labor is approved... Now I am filing 140 under EB-3 category.

I took appointment of a independent attorney .. not the company attorney .. The other attorney told me that the labor is not good as ... my company does not have a clear job position .. since we work on billrate ... that does not constitute a permanent job. If the DOL comes to know this .. they might revoke my labor and might not approve my 140.

I went back to my company attorney and he said that mine case is 100% ok and he has done 1000's of GC for Billrate guys. My company attorney charges are very high and so I wanted to opt to differenent attroney. My 140 is filied now ..

Should I be concerned ? Was the other attorney all wrong in saying that my company cannot do my GC?

Thanks for help.
 
do you get an W2?....if so your other attorney is wrong.....% of bill rate is an understanding between the employer and employe....we are still as good as another employee with a fixed monthly salary....
 
I think you should be good as long as the attorney who is filing your case is a professional. They know how much, when and what to show.

octave said:
Thanks for the quick reply.
Yes, I do have W-2 for last two years from my present company.
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Similar experience

When I first came here, my sponsors paid me a % of the hourly rate (I think around 60%). Yet, they were able to get LC approval for me. I did not stick with them and changed jobs, so no middlemen. Your W2s are proof that you have a job with them - also, keep pay stubs handy, instead of trashing them - to show pay history.
 
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