psaxena
09-11 02:48 PM
Now just see the pattern, the moment we start talking about donation and volunteering .. the guys sitting on the sidelines distracting and demotivating , stopped being part of the conversation. Everyone says I am rude, not I am not I just show the mirror as it is.. what can I do if you see the ugly face in it.
How good the group can be , which is actually missing when you need the count.
IV made so many effort to keep the group attracted to this, by ask a attorney for free and other things.. I don't think the group deserve all this..
They might thank you if you can put up a shortcut for the pathetic visa bulletins published every month.
How good the group can be , which is actually missing when you need the count.
IV made so many effort to keep the group attracted to this, by ask a attorney for free and other things.. I don't think the group deserve all this..
They might thank you if you can put up a shortcut for the pathetic visa bulletins published every month.
wallpaper Star tattoos on Back Neck
buddyinsd
08-25 01:40 AM
Congrats man...U took off as well :)
Got CPO today..
Priority Date: Feb 21, 2006
EB2 India, NSC
Thanks every one
Got CPO today..
Priority Date: Feb 21, 2006
EB2 India, NSC
Thanks every one
a_yaja
06-26 02:44 PM
"Until and after 1 year" - how does it save me - the word "until"
please explain for me - Thanks Much ?
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
please explain for me - Thanks Much ?
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
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anzerraja
07-19 07:53 PM
Somehow in the middle of your changes, the link was broken.
Corrected the message with the new link.
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Yeah I saw it..Great job!!. We need people to notice this.
Corrected the message with the new link.
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Yeah I saw it..Great job!!. We need people to notice this.
more...
peer123
06-13 07:27 PM
My one set of checks cleared last friday & other set yet to be cleared. That might be for me or wife, no idea. So I'm waiting.
How are you so sure that your case checks were cashed & not your wife's just curious.
Thanks
GCcomesoon
I thought all the fees are to be paid by the employer then how come you are paying for it, is it still an option or is there any premium processing for 485
How are you so sure that your case checks were cashed & not your wife's just curious.
Thanks
GCcomesoon
I thought all the fees are to be paid by the employer then how come you are paying for it, is it still an option or is there any premium processing for 485
mike_2000_la
06-12 01:12 PM
My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...
I dont think there is the so caled "unprecedented volume"
I dont think there is the so caled "unprecedented volume"
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Prashant
07-03 11:47 AM
July 9th fine for me as well .....
No arguments...only folks who want to participate in this action reply to these posts.. PLEASE
No arguments...only folks who want to participate in this action reply to these posts.. PLEASE
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TheOmbudsman
10-25 04:32 PM
I never believed the polls either. Go ahead and research how many pro CIR candidates have experienced decrease in popularity so far, how many cities have initiated ordinances against illegal immigration, how many $ was invested in lobbying senators without much success, how many anti CIR/amnesty calls outnumbered the pro CIR calls. If you do that, you may be shocked.
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
more...
lj_rr
09-13 03:40 PM
New thread created.All TSC Filers please post here.
http://immigrationvoice.org/forum/showthread.php?t=13344
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
http://immigrationvoice.org/forum/showthread.php?t=13344
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
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tonyHK12
02-10 12:55 PM
Donated $100.
Your receipt number for this payment is: 4760-7942-7070-8340.
thank you!
Your receipt number for this payment is: 4760-7942-7070-8340.
thank you!
more...
Saralayar
08-25 09:03 PM
Mailed I-485 on July 19th
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
As it starts with Axxx, I think it should be Alien Number.
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
As it starts with Axxx, I think it should be Alien Number.
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eb3retro
08-18 02:45 PM
I don think this issue concerns you. So , with all due respect, please BACK OFF.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
excellent points eb3 napa..Sunny surya i think you surely need to come up with some proper reply (instead of one liners) to eb3napa to convince people here.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
excellent points eb3 napa..Sunny surya i think you surely need to come up with some proper reply (instead of one liners) to eb3napa to convince people here.
more...
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NKR
04-23 12:54 PM
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
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sankap
07-09 11:58 PM
@desi3933:
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
more...
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msandhu
07-22 10:29 AM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
Hi,
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
Hi,
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
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ckarri
07-20 11:42 AM
Pledged $250 so far and will be pledging $100 for Aman's expense reimbursement.
more...
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apahilaj
12-21 10:10 AM
Thanks for the update Parag. Good luck! Let us know what happens.
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rc0878
08-27 02:31 PM
Filed I485/EAD/AP on July 19th @ NSC. Checks not cashed yet...No receipt#
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2ndJuly
08-14 11:43 AM
did you get any email from CRIS? Assuming you had a 'Y' for email.
GCCovet
Yes I got two emails from CRIS for each application as "Card Production Ordered"
and a third email as "Approval Notice Sent"
GCCovet
Yes I got two emails from CRIS for each application as "Card Production Ordered"
and a third email as "Approval Notice Sent"
GCEB2
09-03 02:41 PM
Please do share your experience after the InfoPass. I will follow accordingly.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days
I think it is 9-11-08...am I right?
They say you will become actual permanent resident when you get the card The card is important.
As replied by Desi3933, it is incorrect to my knowledge. Approval notice it self is a proof that you are a Permanent Resident. The stamp in the passport works for us till we get the physical card. I think you will get it on 9/11/08 9Infopass appointment date).
Hi hiUS
Thanks for noticing I have corrected my info pass date.
did you took info pass appointment.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days
I think it is 9-11-08...am I right?
They say you will become actual permanent resident when you get the card The card is important.
As replied by Desi3933, it is incorrect to my knowledge. Approval notice it self is a proof that you are a Permanent Resident. The stamp in the passport works for us till we get the physical card. I think you will get it on 9/11/08 9Infopass appointment date).
Hi hiUS
Thanks for noticing I have corrected my info pass date.
did you took info pass appointment.
chanduv23
06-23 06:36 AM
Those who think, their employer is OK - be extra extra cautious. Never, never believe employers. Bottom line is, employers will not care for u, if they know u r gonna benefit out of this, they will do everything they can to avoid this. Most desi employers indulge in sweet talks. Talks will be extremely sweet. Just like how they talk to u before u join the company.
GC filing is a carrot that employers thrive on. They will do anything to aqvoid this situation.
Remember, your problems are not over after filing 485 also. The so called prospective employers who always told u, "I will hire you, if you have a GC or EAD" will now give some other excuse. Basically they want to put u in a position where u have less chances of bargain, thats the whole deal.
Lotsa people go by self employment after filing for EAD (Dunno how - maybe some IV members can explain this) and still do contracting and safely see themselves through their GC.
So basically, we are on our own here. For those dealing with desi employers - I can tell u one thing. U can handle the situation with sweet talk and some diplomacy - desi employers have their own fears. But those dealing with American employers - be extra careful - HR personnel etc... who have sympathy for layed off workers etvc... will try to screw u big time on ur back. If they decide to screw u - they will do it big time and none of ur diplomacy will work there - believe me, I gone through this.
Be smart - stay on top of things, don't waste time and get things done in all possible ways. Get employer letter in whatever way u can. (If you have a letterhead - u know what I am saying ....)
GC filing is a carrot that employers thrive on. They will do anything to aqvoid this situation.
Remember, your problems are not over after filing 485 also. The so called prospective employers who always told u, "I will hire you, if you have a GC or EAD" will now give some other excuse. Basically they want to put u in a position where u have less chances of bargain, thats the whole deal.
Lotsa people go by self employment after filing for EAD (Dunno how - maybe some IV members can explain this) and still do contracting and safely see themselves through their GC.
So basically, we are on our own here. For those dealing with desi employers - I can tell u one thing. U can handle the situation with sweet talk and some diplomacy - desi employers have their own fears. But those dealing with American employers - be extra careful - HR personnel etc... who have sympathy for layed off workers etvc... will try to screw u big time on ur back. If they decide to screw u - they will do it big time and none of ur diplomacy will work there - believe me, I gone through this.
Be smart - stay on top of things, don't waste time and get things done in all possible ways. Get employer letter in whatever way u can. (If you have a letterhead - u know what I am saying ....)
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