Dear Immi-Gurus,
I need some help in making a decision and here is my case status. I know, similar questions have been asked in this forum before and please be patient, if you have seen a similar case before.
485: WAC-02-186-5xxxx (Notice date 16th May 2002)
EB2-India
H1B expired earlier this year and I haven’t renewed it. My 6 yr term is going to be completed soon anyway. I have EAD/AP and never been out of status. Working with my current employer since last 3 and half years. My current employer is a startup in san Francisco bay area. They survived so far with whatever venture capitalist money they had. They are now planning to file bankruptcy to get out of a huge lease agreement. Also, they lay off 25% of their workforce to reach break-even last week and now they are planning to sell the company to someone within next couple of months. Its most likely that, the TaxID of the company is going to change. And like in every merger and takeover, the future here is also uncertain. In the meantime, I started looking for jobs and found one in Mid-west (to be precise in Nebraska). The new job title and job description is exactly same and the new salary is 10% higher than my LC salary. The new company is a private company, employing around 400 people in United States. The tax return document of the new company is not made public and the chairman of the new company may not feel comfortable sharing that info. I have put a condition to my new prospective hiring manager, asking him to provide me the tax return papers of the company and DE-6 reports (may be only relevant page of the DE-6 report which shows my salary only) , if USCIS asks for them. I have also given them the option of providing these two documents to their attorney or my attorney, if they don’t feel comfortable giving those documents to me. I have explained them that, I may or may not need these documents and may be a public annual statement of the company will suffice. Of course, I am loosing my bargain power because of this and I am not sure, if they will reject me due to that. Even if they agree to give me the job, I am little confused for the following reasons:
1.Too many visits to this forum (at least twice a day) made me little optimistic about the processing speed in October’03. (12 officers are now back on job)
2.We now have that zero tolerance policy memo being withdrawn??? (is it ??)
3.Somewhere some posts say that DE-6 report is generally not required, if the employee strength is more than 100 (but, how does USCIS know that my new company strength is more than 100…. Do I mention that in the AC21? … such that USCIS knows about it and won’t ask for it in the RFE ?)
4.There is a location change … from California to Nebraska.. I don’t mind the location change personally, but not sure how USCIS will react to that.
5.The opportunity is a good one, and it will help me to advance my career
6.Of course, there will be some delay due to AC21. Case transfer to local office etc.
7.I will be loosing some stock options from my current employer and I will have to bear all my future GC related expenses. (My current employer was doing that so far)
8.If I continue with my current employer, I might need to file for another I-140 or an amendment (whatever the legal terms are) for the new company
Have I missed anything that I should ask my new employer (I mean besides the tax document and DE-6 reports) ? Getting an EVL will not be a problem.
What should I do? If you were I, what would have you done?
Thanks a lot in advance.
I need some help in making a decision and here is my case status. I know, similar questions have been asked in this forum before and please be patient, if you have seen a similar case before.
485: WAC-02-186-5xxxx (Notice date 16th May 2002)
EB2-India
H1B expired earlier this year and I haven’t renewed it. My 6 yr term is going to be completed soon anyway. I have EAD/AP and never been out of status. Working with my current employer since last 3 and half years. My current employer is a startup in san Francisco bay area. They survived so far with whatever venture capitalist money they had. They are now planning to file bankruptcy to get out of a huge lease agreement. Also, they lay off 25% of their workforce to reach break-even last week and now they are planning to sell the company to someone within next couple of months. Its most likely that, the TaxID of the company is going to change. And like in every merger and takeover, the future here is also uncertain. In the meantime, I started looking for jobs and found one in Mid-west (to be precise in Nebraska). The new job title and job description is exactly same and the new salary is 10% higher than my LC salary. The new company is a private company, employing around 400 people in United States. The tax return document of the new company is not made public and the chairman of the new company may not feel comfortable sharing that info. I have put a condition to my new prospective hiring manager, asking him to provide me the tax return papers of the company and DE-6 reports (may be only relevant page of the DE-6 report which shows my salary only) , if USCIS asks for them. I have also given them the option of providing these two documents to their attorney or my attorney, if they don’t feel comfortable giving those documents to me. I have explained them that, I may or may not need these documents and may be a public annual statement of the company will suffice. Of course, I am loosing my bargain power because of this and I am not sure, if they will reject me due to that. Even if they agree to give me the job, I am little confused for the following reasons:
1.Too many visits to this forum (at least twice a day) made me little optimistic about the processing speed in October’03. (12 officers are now back on job)
2.We now have that zero tolerance policy memo being withdrawn??? (is it ??)
3.Somewhere some posts say that DE-6 report is generally not required, if the employee strength is more than 100 (but, how does USCIS know that my new company strength is more than 100…. Do I mention that in the AC21? … such that USCIS knows about it and won’t ask for it in the RFE ?)
4.There is a location change … from California to Nebraska.. I don’t mind the location change personally, but not sure how USCIS will react to that.
5.The opportunity is a good one, and it will help me to advance my career
6.Of course, there will be some delay due to AC21. Case transfer to local office etc.
7.I will be loosing some stock options from my current employer and I will have to bear all my future GC related expenses. (My current employer was doing that so far)
8.If I continue with my current employer, I might need to file for another I-140 or an amendment (whatever the legal terms are) for the new company
Have I missed anything that I should ask my new employer (I mean besides the tax document and DE-6 reports) ? Getting an EVL will not be a problem.
What should I do? If you were I, what would have you done?
Thanks a lot in advance.
