Question to -Bhanu, Myladoor, BJSR, Srini123, Kiran Hegde, Hara Patta, Mera Kya hoga, Dan Dan ,Vinay

G

GcUse

New Member
Hi friends,

Already I asked the question on this board, but still I am confused.

Here is my story

4 years back I came here thru\' one desi company. Sofar I worked for only 2 clients. Ofcourse both are long time projects.

My company pulled me out of the project first time. After working for one and half years, I was forced to leave the client to take care of in-house project. There was nothing in-house, they were expecting something for in-house. My family moved from one coast to another. After 3 months of struggling (didn\'t do anything), they asked me to go the client place.... Started attending interview etc... In between my first client refused to give reference.(Because of my company, I left the project in half way)

Finally I got the 2nd client thru some middle man, again moved my family from one coast and another with 4 months old baby. Almost 2 years is over. Now, there is a problem between my company and the middle man. Not related to mine. Now my company is asking me to come out of the project, though they don\'t have any problem on my billing.

In this client also, my project is in half way. My client is asking me that is there any other way to work out. If I leave, my client will not give any reference.(As you know, how difficult to find a project).

My company says than I will have take bench salary or asking me to go for vacation. As per my company status, they will wait for 2 months, if I didn\'t get any client, they will fire me.

In between, my green card process is on the way. I have crossed 180 days. ND Dec 2000 EB2.(VSC). I have only 1&1/2 years left on H1.

My question is

1. If I use EAD to continue my job, is there any problem for my green card.
2. I am planning to ask my company to allow me to work for client(Can I?). If they accept(?), what are all the documents I need get it from them.
3. OR Shall I have to stick with my company for some more time?(To get the green card)[In this case, I will have to leave my client]

Throw me some light.

Thanks
Cojtr0
 
No Title

My dear friend,

I understand you dialemma. But at the end it pays to be dare. If I am in your position I would continue with the client.
reason -
         1. Now a days market is dull. Getting another client is difficult.
         2. You crossed 180days so you need employement to show to INS.
         3. If you don\'t get another job in 2 months you are in deep shit any way..
         4. Its the client who needs you for the work you did for him and will do in the future. So its safe to rely on this than the desi exploiting you....

         At the end its you and ....... These are my personal opinions..
 
No Title

Cojtr0,

You can jump jobs as it is I-485 >180 days. Get your and family I-485 receipt copies. You can join in your client, (at this economy) make sure that they support quite sometime ( Not fire you after project is over ). All they have to do is I-140 amendment (I-140) on their name.
However, you negotiate with your base company too, that will avoid your mental pressure. But, going on vacation, or bench, both may affect you.
 
No Title

First thing is there is no harm in changing the company. Hey as the new law is already in place, you are free now. Its upto you to decide whether you want to join your client (your company may create problem or ask lots of money from the client to allow you to join client. Without there permission, you may not be able to join the client. You might have signed non-competence agreement with your company upon joining, which may not allow you to join theclient without the company permission for 12 months. So check your contract papers and talk to lawyer if you want to join the client).

As your approval date is coming near (Right now VSC is processing July 2000, if they continue with this speed you might get approval / RFE in next 3-4 months)you must have a new job if you receive RFE. So if you are confident that you will be able to get job before the RFE go for it. If you are not sure, then stick with your current company and let them taste your blood for few more months. If you have good relation with your company and if your financial status allows you to servive without job for few more months then, go back to your company, stay with them for 2 months. If you get project in 2 months things will be ok, else before they fire you, you ask them for 2 months vacation and after that ask them for without pay leave.

But if you have good relation with your client and your company, the only problem is middle man. So why don\'t you ask client to have direct contract with your company. But your company might have some contract with the middle man. In this case you should try to find another middle man so there won\'t be a contract issue. So your company will have contract with the new middle man and middle man will have contract with your client.. This will kill the snake and stick will be intact.

All the best,

Vinayak
 
No Title

I would say bump your desi company and go as an employee with your client.. with the new regulations (and since you meet them) I would not think twice in this.. In this job market, if you let go of this client who wants you (and whose reference you will need for future jobs) and stick with your company (for no real good reason other than the \'fear\' we all have that something might go wrong with GC if we even \'sneeze\' when talking to IIOS etc..), you are taking an even more big risk with your GC.. since in the present situation, having a job in more important that staying with the sponsoring employer.. what if u dont get a project after 2 months and then get a RFE for pay stubs and letter for future employment? with your reduced pay (stubs) and with your company\'s immature behaviour, this might be a bigger problem. Take a bold decision. I dont know how important it is to get a termination letter from your company. No reason your GC would be denied if you work on EAD for another company. It is always good to try to maintain good relation with your sponsoring employer. Tell them you will come bacl once that project is over..
best of luck!
 
No Title

I echo what others have mentioned. It is not too easy to find a new project. Sitting on a bench is no fun. You have crossed 180 days. I say you jump the gun.

Good luck.
 
No Title

Please ask the client company whether they support your I 485 application. If they say so Then fuck off this desi company.
Your relation with your client is important at this point.
IF Your client is very big,then you may be in trouble.
The HR of that company dont listen to YOUR BOSS provided he/she is a big guy in that company.
If all are in your favor, talk to your manager asking for help.
You may need help only if you got any query with your I485. Otherwise no problem. Even your desi employer is ready to withdraw your I 140( generally they dont do, It will be a problem to them too)
Your client can apply for I 140 ammendment at that time.
So dont worry much. You will be in good shape. Just stick with the client. Talk all issues with your manager at client site. If they are americans, they dont know all this Desi company tactics.

Anyway I advise not to care the DESI COMPANY. YOU ALREADY GAVE ENOUGH to that Fucking guy.
 
No Title

Vinayak:
I agree with you and all others too, the suggestions are sensible and right. But Vinayak, here is my concern in the 2nd paragraph towards the end you have stated "you ask them for 2 months vacation and after that ask them for without pay leave". Now if he were to do that and he got an RFE for the last two months pay stub then what will he do?

Please advise,

Thanks,

Ray...
 
No Title

Ray,

Even if he is on without pay leave, company will give him payslip with all vacation days. So paycheck will be for zero $s. Its possible to convience INS that he is on without pay leave for some reason. INS doesn\'t ask paystubs for checking your salary, they can get W2s for that purpose. The paystub is to make sure that you are still employed by the same company. And as it is, the GC is for future job, it doesn\'t matter if you don\'t draw any salary on your current job for some months.

Vinayak
 
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