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View Full Version : Eb3 to EB2 Upgrade, Same Employer or Change Job?


Visathinker
02-27-2012, 12:49 PM
Hi All Experience Folks,

Hope you are doing great!

I am at CRITICAL stage of my life and need your kind advice and I believe many others would also be looking for same advice.

I have I-140 Approved(EB3) and 6 years of my H1 are complete. I am working for Big Consulting Company and they can't upgrade my GC to EB2 as my experience for same employers can't be used for EB3 to EB2 upgrade.

I am in GREAT DILEMMA whether I should join Cosulting company or I should join a Businesss Company as Full Time Employee such as Bank?? I see Pros and Cons on both sides....

Consulting Companies:
Pros: Once a Project is over you can find another project without losing your job.
Cons: Nowadays Consulting comanies are having difficult time in getting Visa extension without Client Letter and not all Clients are issuing Letter to Contractors. Without Client Letter my Visa Extension was denied last year and I don't want to repeat same thing.

Full Time Positions:
Pros: I don't need to worry about Client Letter and Visa extension should not be problem.
Cons: Once Project is over then I may not be getting another project and worst case If I am Laid off then I will become out of status and I will have to go my home country as jobless!!

I have family and school going daughter and non working wife. I don't want to spoil two lives because of my poor decision so I request all you folks to please provide your advise based on your experience or your friends' experience. I will be highly obliged to you!

Regards
Visathinker

MIK18
02-27-2012, 01:34 PM
Just my opinion, It's best to stick with a good desi consultant somehow till you get GC as its difficult to deal with being laid off and starting from scratch.

Visathinker
02-28-2012, 11:57 AM
Thanks MIK18 for your kind advice.

I am wondering if other community members can also share their view which will be very helpful.

skal
02-28-2012, 12:23 PM
Hi,
If you have long term projects and client letter working through a consulting company is good till you get your GC! FTE is also good when you take up position with IT Giants where in case if you roll off a project here in USA you have a job at off-shore to be safer and once again you have an opportunity to come to USA through them.

mayurcreation
02-28-2012, 01:22 PM
I was in your shoes little while ago (in 2008) and I have done following:

- I have look for desi consulting company with 150+ employees.(This is important)
- I have ask HR/hiring manager to confirm in writing that they will start my GC immediately after I join the company and have ask to include(cc in email) one of the director or owner of the company confirming the same.
- I have ONLY looked for 1+ yrs of project with this desi consulting company.
- Have only applied for H1 transfer to new desi company after I get client confirmation and start date.

Problem solved!!

The above looks difficult to do but believe me it is easy. I have personally done that.

Hope this might help.

bpratap
02-28-2012, 01:47 PM
Hi All Experience Folks,

Hope you are doing great!

I am at CRITICAL stage of my life and need your kind advice and I believe many others would also be looking for same advice.

I have I-140 Approved(EB3) and 6 years of my H1 are complete. I am working for Big Consulting Company and they can't upgrade my GC to EB2 as my experience for same employers can't be used for EB3 to EB2 upgrade.

I am in GREAT DILEMMA whether I should join Cosulting company or I should join a Businesss Company as Full Time Employee such as Bank?? I see Pros and Cons on both sides....

Consulting Companies:
Pros: Once a Project is over you can find another project without losing your job.
Cons: Nowadays Consulting comanies are having difficult time in getting Visa extension without Client Letter and not all Clients are issuing Letter to Contractors. Without Client Letter my Visa Extension was denied last year and I don't want to repeat same thing.

Full Time Positions:
Pros: I don't need to worry about Client Letter and Visa extension should not be problem.
Cons: Once Project is over then I may not be getting another project and worst case If I am Laid off then I will become out of status and I will have to go my home country as jobless!!

I have family and school going daughter and non working wife. I don't want to spoil two lives because of my poor decision so I request all you folks to please provide your advise based on your experience or your friends' experience. I will be highly obliged to you!

Regards
Visathinker

Full Time is better option, but don't take a position from a project based consulting cos. (small Desi cos, US consulting cos, TCS, WIPRO, CTS kinda firms) Go full time with End Clients. but make sure they will Start GC process immediately and on EB2 (Important). this can be part of Negotiations.

Now a days getting past I-140 is not a time consuming thing if you are with good End Clients. and 180 days from I-140 approval, you can carry the priority date even on any worst case.

Visathinker
02-29-2012, 12:31 AM
@Mayurcreation

Good point from you. But what is your project is over in 1 or 2 years and your employer(consuting Company) relocates you to other project where you don't get Client letter for Visa extension? This point deters me joining consulting compay.


Regards
Visathinker

Visathinker
02-29-2012, 12:38 AM
@bpratap

//Now a days getting past I-140 is not a time consuming thing if you are with good End Clients. and 180 days from I-140 approval, you can carry the priority date even on any worst case. //

Do you mean, If I have past 180 days after I-140 Approval (which I have) I can port PD from EB3 to EB2 even though my previous employer revoke my Approved I-140?

Regards
Mahendra

mayurcreation
02-29-2012, 12:16 PM
@Mayurcreation

Good point from you. But what is your project is over in 1 or 2 years and your employer(consuting Company) relocates you to other project where you don't get Client letter for Visa extension? This point deters me joining consulting compay.


Regards
Visathinker

1 or 2 years is big time for H1B visa holder. If you have already approved I-140 with EB3 priority date than in 1 year of time you can start EB2 process and atleast file your I-140 and I-485 combine.

Visathinker
03-01-2012, 11:58 AM
Thanks mayurcreation.

Other folks are also requested to share their viewpoint.

Regards
Visathinker