H1b-Consulting / H1b-FullTime


usadreamer123

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Actually, that's not allowed on H1...

On H1, you always have to get paid the prevailing wage.

That means it can't just be a percentage. If you are on bench, you still need to get paid. What would be the percentage of 0?

Any percentage agreement can only cover salary above the prevailing wage.

And the employer has to pay at least for the PERM part of a GC process, including lawyer costs for it. That has nothing to do with salaried employee or not. It's the law.

I am sorry, I slipped my tongue. I was getting paid as per H1-B rules. As per offer letter as well as as per LCA, mostly above from the figure that is mentioned in these two. Coming to bench, I was never into it so I haven't experienced. Only time I choose to be out of contract was when I got a knee fracture in a ski. But I got paid half the salary in that time too, employer took the medical certificate for his records though.

Coming to GC again I didn't exactly remember how much I paid, I think I paid attorney fee(I remember I sent a check to attorney office) and the premium processing fee. Didn't give much importance to that as I thought its worth an investment for future instead of getting locked with a full time employer who always prefer EB3 though they & you know that you are eligible for EB2, have seen many friends like that. Also you have to wait 'n' number of years to get that EB3 process to start itself as there will be a big Q ahead of you waiting for it in the Organization.

I wonder if USCIS reads posts like these.

:) I hope they are not watching it. I hope DOS too. In fact, DOS is doing their part in keeping USCIS even more busy by sending already approved petitions for review with a so called recommendation to revoke, which USCIS never do as their common sense doesn't allow them to do that they already reviewed petitions thoroughly before approving it.

If they starts seeing things like these, OMG we will see some more initiatives from them which will make life even harder. But even if they come out, they will leave some or the other loophole to work with. In fact we are helping US to come up with a stronger immigration. :)

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Coming to GC again I didn't exactly remember how much I paid, I think I paid attorney fee(I remember I sent a check to attorney office) and the premium processing fee. Didn't give much importance to that as I thought its worth an investment for future instead of getting locked with a full time employer who always prefer EB3

There you go again with generalizations...

How do you know that a fulltime employer would "always prefer EB3"?

That's simply not true, and just another one of these wrong claims people use to try to "justify" staying with a consulting employer.

Some companies may prefer filing EB3, but most fulltime employers invest in their employees, want to keep them, want to keep them motivated, and would of course be happy to sponsor a GC in EB2 if the person qualifies.

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How do you know that a fulltime employer would "always prefer EB3"?

One example, OP. I have some friends who are in the similar situation. Experience makes some impressions.

Some companies may prefer filing EB3, but most fulltime employers invest in their employees, want to keep them, want to keep them motivated, and would of course be happy to sponsor a GC in EB2 if the person qualifies.

I wish & hope every full time employer is like what you mentioned. Because it doesn't makes sense taking GC on your retirement day and living your entire life as a temporary worker.

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One example, OP. I have some friends who are in the similar situation.

And I have some friends at big companies (Google, Intel, etc.) who of course went for EB2...

Fact is that good employers of course take into account the person's experience, and are filing in EB2 if the person and the job qualify.

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