mrajatish
04-02 01:01 PM
Friends,
I know we have very good slides on high skilled immigrant's contributed to American economy and why they are necessary. One of the questions we are going to have to answer while presenting to our employer next week is
1. In the long run, How does America benefit from giving you and me GC?
2. In the short run, why should an employer care to fight for your GC?
Please treat this as a very serious effort to collect positive data points for an extremely important presentation to one of the leading proponents of high skilled immigration - if we have enough data points, this person might testify in Congress/Senate for us.
Core IV folks, please help us in this effort if you have pointers.
Thanks,
Raj
I know we have very good slides on high skilled immigrant's contributed to American economy and why they are necessary. One of the questions we are going to have to answer while presenting to our employer next week is
1. In the long run, How does America benefit from giving you and me GC?
2. In the short run, why should an employer care to fight for your GC?
Please treat this as a very serious effort to collect positive data points for an extremely important presentation to one of the leading proponents of high skilled immigration - if we have enough data points, this person might testify in Congress/Senate for us.
Core IV folks, please help us in this effort if you have pointers.
Thanks,
Raj
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arundhati_datta
07-08 06:14 AM
Hello ASh027,
I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.
Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.
Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.
I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.
Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.
Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.
BhanuPriya
01-12 03:44 PM
Received I140 Approved Documents using FOI Act.
I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.
Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.
Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
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chi_shark
09-09 03:45 PM
This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...
I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.
The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..
finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.
The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..
finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
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WeShallOvercome
11-08 01:48 PM
I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.
you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.
We all know how religiously USCIS follows its own rules.
you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.
We all know how religiously USCIS follows its own rules.
anindya1234
07-17 10:13 PM
Need some views on this
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keerthi
04-04 03:10 PM
Thanks for that reply. The company's business line is very niche and it started developing a technology for that niche market in India some 5 years back. I have been involved in the design and implementation of that technology right from its inception. In fact I am one of the core persons who designed and implemented the solution.
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
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Appu
04-06 10:27 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
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eb3_nepa
04-13 10:46 AM
Will IV be trying to campaign/lobby against the 180 day delay?
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smuggymba
04-21 12:46 PM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
PM me.
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
PM me.
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desi3933
07-20 04:53 PM
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
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quizzer
04-27 06:01 PM
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
I know CIR as such is going to be discussed in the senate in last 2 weeks of May.
What about CIR in house? Will it follow after senate?
I know CIR as such is going to be discussed in the senate in last 2 weeks of May.
What about CIR in house? Will it follow after senate?
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smisachu
12-08 12:08 PM
If you are making 200K+/yr, just bite your lip and stay put. There are very very few careers which give you such a good pay scale.
I don't think you can do a MS in CompSci with out a BS with same specialization as far as understanding subject matter goes, but you could possibly do an MS in Information systems or similar.
But it all depends on your GRE score. If you have a high GRE score with good percentile in quantitative section then you could get into a good program.
I came to canada in 2000.I have been in USA Since 2003.
I started the GC process in Ohio, moved to bay area in 2006,stated the process again, recaptured old PD( EB2 all the way). Was hoping to get GC in Aug 2008 when my PD was current for 2 months. Hope will get it this year.
After moving to bay area I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. There is no more growth in my field and it is very stressful and draining.
Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.
I don't think you can do a MS in CompSci with out a BS with same specialization as far as understanding subject matter goes, but you could possibly do an MS in Information systems or similar.
But it all depends on your GRE score. If you have a high GRE score with good percentile in quantitative section then you could get into a good program.
I came to canada in 2000.I have been in USA Since 2003.
I started the GC process in Ohio, moved to bay area in 2006,stated the process again, recaptured old PD( EB2 all the way). Was hoping to get GC in Aug 2008 when my PD was current for 2 months. Hope will get it this year.
After moving to bay area I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. There is no more growth in my field and it is very stressful and draining.
Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.
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kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
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puskeygadha
05-22 10:15 AM
Hello -
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
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lifestrikes
02-11 10:06 AM
..
Legislation is being prepared by U.S. Rep. Zoe Lofgren (D-Calif.) that would make it easier to get permanent residency or Green Cards for advance degree graduates. Lofgren, who represents Silicon Valley, has not introduced her proposal, but she is a veteran of immigration issues.
Previous efforts by Lofgren have attempted to make it easier for foreign students who earn advance degrees in science, technology, engineering and mathematics, the so-called STEM degrees, to remain in the U.S. Her latest proposal is broader.
Among the things Lofgren may seek to accomplish in this bill is to create a new Green Card category for advanced degree graduates with STEM degrees, and to enable employers to file immigrant petitions for any of these students, eliminating the need for an H-1B visa for these employers. Out of the 85,000 H-1B visas allowed each year, 20,000 are set aside for STEM graduates.
U.S. Rep Jeff Flake (R-Arizona) introduced something similar last month. But Lofgren's proposal may go further by seeking protections for U.S. workers by barring their displacement by an H-1B worker, a move that may be aimed at firms that primarily deliver offshore services.
Link (http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm)
Legislation is being prepared by U.S. Rep. Zoe Lofgren (D-Calif.) that would make it easier to get permanent residency or Green Cards for advance degree graduates. Lofgren, who represents Silicon Valley, has not introduced her proposal, but she is a veteran of immigration issues.
Previous efforts by Lofgren have attempted to make it easier for foreign students who earn advance degrees in science, technology, engineering and mathematics, the so-called STEM degrees, to remain in the U.S. Her latest proposal is broader.
Among the things Lofgren may seek to accomplish in this bill is to create a new Green Card category for advanced degree graduates with STEM degrees, and to enable employers to file immigrant petitions for any of these students, eliminating the need for an H-1B visa for these employers. Out of the 85,000 H-1B visas allowed each year, 20,000 are set aside for STEM graduates.
U.S. Rep Jeff Flake (R-Arizona) introduced something similar last month. But Lofgren's proposal may go further by seeking protections for U.S. workers by barring their displacement by an H-1B worker, a move that may be aimed at firms that primarily deliver offshore services.
Link (http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm)
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dalasengineer
10-04 04:38 PM
I was issued a license based on my EAD expiration date. Same for my wife. We went back to DMV to get license extended based on I 94 expiry date. My I94 expiry date was different than ED expiration date as the customs gave expiry date which is 1 year later than EAD expriation date. I asked the customs officer why the date was different than my EAD date. He told my stay was valid till my I94 expiry date.
Anyways, IOWA DMV extended our license based on I94 date and we came back happy to know that we shall not have to walk in -30F to fetch our grocery as we wait to get our renewed EAD..
regardss
Anyways, IOWA DMV extended our license based on I94 date and we came back happy to know that we shall not have to walk in -30F to fetch our grocery as we wait to get our renewed EAD..
regardss
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r2i2009
09-20 09:30 PM
Confused ...i think GC stands for Great Confusion
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
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GCDream
02-20 08:12 PM
Here is what I have after analyzing the FLC Data Center MDB files
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
indyanguy
03-18 07:37 PM
What is the reasonable time to wait for the approval of I-140 (EB3, NSC) before contacting the senator's office?
Mine has been pending for 8 months now.
Mine has been pending for 8 months now.
LostInGCProcess
03-03 12:02 PM
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
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