Job CHnage in small Company, Does Size matter?

A

amcom

Registered Users (C)
Hey guys
I'm working in a software development company of total employees 10 and my 485 is pending since 15 MOnths(Jan 2003) in NSC.
Now I'm eyeing at another job which is good in all aspects except the size of company only 4 Employees and that too is a consulting company. My job will be salaried fulltime permanent job with same duties and qualifications I applied my GC with.

My Q is (are) :
1. does it matter if i leave current permanent job and go to a consulting job, even though its salaried(not hourly) permanent position when i Invoke AC21.
2. Does size of the company matter anywhere in GC process?? Although it is a US company and I will be the only foreigner there.

Please share your knowledge.

Thanks.
 
Thanks AK2003. It was great help and similar to my case.
SO what have you decided??

I couldn't understand this:

first u said-

2. Also does the size of the company matter?. I am an independent contractor working for a company with just 2 employees and the company i will be joining is also small with 3 employees including me.

And later you responded with this

Also does it make a differnce if a company say having 25 employees was audited by the IRS?. I am considering joining a company with 25 employees, 15 years in business but they were audited by IRS last year.

So which company are you really joining????
I also have doubts about proving company's ability to pay to INS.
How can I do that mine is only 2 yrs old... I better think hard aboutthis decison.
 
its hard for startup companies to prove the ability of pay clause to the uscis.

first you should be comfortable to join such companies because startup companies may not even be able to pay you the salary on time.

startup consulting firm cannot afford to pay for office space. ofcourse its understandable but cannot claim that they can pay YOU the promised salary to ins. most of these statup consulting firm will employ only h1 to have good control over them and pay them as they like. ironically some consulting firm even when they are in business for good number of years still prefer to run from home to save cost. it may not violate the law but would they care or be able to pay you the salary on time.

most of such consulting firm land in serious trouble by trying to save cost on office space. running office from home is very risky that too when started having employees (that too if they are in visa). an employee or any vendor or customer can claim compensation adding the home cost too. this type of claim is termed as piercing the corporate veil. this claim can be permitted only by the court if appropriate.

now a days its hard to get h1 or h4 in consulates if your employer runs its office from home.
 
amcom,

When i said earlier this :

Also does the size of the company matter?. I am an independent contractor working for a company with just 2 employees and the company i will be joining is also small with 3 employees including me.[/

I meant i was considering a small company to join and at the same time i was also considering another company with 25 employees but this company had some problems with IRS.

Finally after a lot of thinking, I have decided not to change my employer, i made arrangements with the existing employer to stay with him for as long as the GC comes through and may be longer. By doing this is might get lower salary for now but i think its more peace of mind.


Saigc

I think what you say is true as far as people with H1 visa there is a lot of drawback in joining a small company but if you already have an EAD then things are different. It also depends on a lot of other factors like the relationship between the person and the company etc.
Things are good as long as you have a project but once you are out of it then there comes the problem. But dont you think big consulting companies have the same problem?. In small companies, one good thing is you can make arrangements like going on unpaid vacation etc and also you have the flexibility to find the project where ever you want to and at what ever rate you are comfortable with.

I know people in big companies who were considered the best employees and then one day they just got laid off because the company did not want them
 
I think what you say is true as far as people with H1 visa there is a lot of drawback in joining a small company but if you already have an EAD then things are different. it may not affect your status when you worked for a small company and did not get paid when on bench. but it will impact your green card. It also depends on a lot of other factors like the relationship between the person and the company etc.
Things are good as long as you have a project but once you are out of it then there comes the problem. But dont you think big consulting companies have the same problem?. problems like what? big or good companies will pay you on bench as long as you are still in employment with them. they give formal notice or tell you upfront that you will be given a month notice immediately if you come to bench and will be laid off if they could not place within that time. there are no surprises. its nothing wrong. can you ever guess what a small or h1-b dependend cousulting firm do next minute? In small companies, one good thing is you can make arrangements like going on unpaid vacation etc and also you have the flexibility to find the project where ever you want to and at what ever rate you are comfortable with. people land into trouble looking for these kind of flexibilities. did you ever think why these small companies want to work that way. they think they do you favor but infact both h1 person and this company is violating several laws. first why do you want to worry about the billing rate? what is your companies part in doing a business. it has to market and place you. if it cannot do that then they are not worth running the consulting firm and recruiting h1 people. can they ever do this to green card holders or citizens. they earn on you sometimes without any investment and liabilities. i wish the term "green card lottery" should be named to startup consulting firms. can you get a discount or rebate for good and hot selling product? no. thats the reason you may get the so called flexibility with small consulting firms but would the flexibility stand long enough. unfortunately no.

I know people in big companies who were considered the best employees and then one day they just got laid off because the company did not want them.
pls note that a company is formed to make profit. a company (even the consulting firms) cannot pay you on bench for a long time. they cannot afford to pay like that very long. they run the business for profit. they are not charity organization. we should be considerate enough to realize that and move accordingly.
 
By small companies i dont mean some body shopper who just sits there chewing paan and making bucks on you. I don't believe H1 or EAD potential immigrants are as vulnerable as they used to be with all the flexibilities now, to get exploited by these so called pimps. Even i am against these small companies who used to exploit H1 guys.

But not everyone can join a company big enough, there are companies who give just 2 weeks notice before letting you go and i know of some reasonably big companies who market you like a product and don't even ask you before shipping you off to a client who is in a place you havent heard off before. If you refuse you will be let go.

Things are not as rosy as they are projected often when you are joining.
Each person has his own views and i guess they are all ok as long as you are ok with them.
 
Size does matter

Even though it is not the size but what you do with it. With bigger size it is generally percieved you can do more easily. Ability to pay is very important. Bigger companies can prove it far more easily than small.
HTH
 
Re: Size does matter

Originally posted by sb_tiger
Ability to pay is very important. Bigger companies can prove it far more easily than small.
Click to expand...

Absolutely. A 4 person company may be legitimately questioned by USCIS on its ability to pay the wage. However, if you work for them for several months prior to ajudication and have the paystubs to back it up, this shouldn't be an issue.
 
what abt low tax return

Hi RealCanadian,
What will happen if i have 15k tax return from my past employor (GC Sponsering- not present) for yr 2003.

In 2004, i have changed employer and getting LC salary.
If INS sends RFE for W2, what will happen for the yr 2003.
( My I 485 is pending more than 1Yr. i 140 approved.)

Thanks
sank
 
I agree with you guys..... Size matters when you are considering AC21

amcom

So which company are you really joining????

My answer to you on this one is :

I decided to hang on to my employer for a few more months till i get my GC and may be quite longer than that.

The general idea i got was while exercising AC21 do not join a small company where you cant prove (if there is an RFE) the ability of the company to pay and also its tough to produce other documents that support the company
 
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