Confused : Full time vs Consulting


goodboy1808

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Hello folks,

 

Apologize for the long post. This forum has been a guiding star for me throughout since my F-1 days. I am now on H1b with a very reputed financial firm. Recently, I was in talk with a consulting agency telling me that they can place me at another very reputed financial firm with a very good per day remuneration. Normally, I dont prefer consulting, but this got me thinking for a few reasons :

 

1) The work is VERY good. What I am doing now is certainly good, but the new work description is even better.

2) More opportunity to learn business/networking with traders.

3) The pay hike that I will be getting is around 80%. 

4) More opportunities for growth.

5) Long term project and opportunity to get this converted to full-time.

6) The consulting firm is a reputed one. Small but not found any bad info about them yet. 

7) Agency will sponsor my GC process from the very first day I join them. I already have I-140 approved from previous employer with Nov'2010 as the priority date.

 

Having said that, I discussed a few things with the agency and have doubts regarding that. Please throw some light on this:

 

1) I will have to buy health insurance for myself & family (wife, 1 year old kid). 

2) No paid vacation. 

3) No employee 401-k match. I can certainly contribute my own amount.

4) If I need any vacation (or I am laid off from work or when searching new work), they apply for FMLA so that I dont get paid but I am not violating my status. Here is my major confusion. Is this legal to do? I mean... on paper its certainly legal but the reason for FMLA is certainly not medical here.

5) Again I have to ask the agency, what would happen if I my bench period, by chance, exceeds 12-weeks FMLA. 

6) Also, my current employer has just filed for Labour and I have I-140 approved from my previous employer with priority date Nov'2010. Is it advisable to switch right now? Any indicators as far as movements in priority dates this year?

 

As much as I would love to grab this new job, I really dont want to do anything illegal which will jeopardize my so-far-clean record in US. 

 

I am totally confused and looking for advice from knowledgeable folks here. 

 

Thanks.

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Hello folks,

 

Apologize for the long post. This forum has been a guiding star for me throughout since my F-1 days. I am now on H1b with a very reputed financial firm. Recently, I was in talk with a consulting agency telling me that they can place me at another very reputed financial firm with a very good per day remuneration. Normally, I dont prefer consulting, but this got me thinking for a few reasons :

 

1) The work is VERY good. What I am doing now is certainly good, but the new work description is even better.

2) More opportunity to learn business/networking with traders.

3) The pay hike that I will be getting is around 80%. 

4) More opportunities for growth.

5) Long term project and opportunity to get this converted to full-time.

6) The consulting firm is a reputed one. Small but not found any bad info about them yet. 

7) Agency will sponsor my GC process from the very first day I join them. I already have I-140 approved from previous employer with Nov'2010 as the priority date.

 

Having said that, I discussed a few things with the agency and have doubts regarding that. Please throw some light on this:

 

1) I will have to buy health insurance for myself & family (wife, 1 year old kid). 

2) No paid vacation. 

3) No employee 401-k match. I can certainly contribute my own amount.

4) If I need any vacation (or I am laid off from work or when searching new work), they apply for FMLA so that I dont get paid but I am not violating my status. Here is my major confusion. Is this legal to do? I mean... on paper its certainly legal but the reason for FMLA is certainly not medical here.

5) Again I have to ask the agency, what would happen if I my bench period, by chance, exceeds 12-weeks FMLA. 

6) Also, my current employer has just filed for Labour and I have I-140 approved from my previous employer with priority date Nov'2010. Is it advisable to switch right now? Any indicators as far as movements in priority dates this year?

 

As much as I would love to grab this new job, I really dont want to do anything illegal which will jeopardize my so-far-clean record in US. 

 

I am totally confused and looking for advice from knowledgeable folks here. 

 

Thanks.

1. Fine.

2. Unacceptable.

3. Fine.

4. Illegal however you or your employer justifies.

5. Refer 4.

6. It is a risk you take. Your choice.

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First caution is the expression "the grass is greener on the other side of the fence", which means the potential opportunity may look good from where you are, but can turn out to be not so good when you get there and see things first hand.

 

Further, in my opinion, there are a number of caution 'flags' with the consulting company ... no medical, no 401K, no paid vacation time, and probably most telling -- saying they will use a leave of absence for vacation time and especially for bench time.  This use of leave of absence is a violation of the H-1B immigration laws, regulations, and rules, fraudulent, and illegal.  This is treating 'employees' (if you can call them that) as disposable at best.

 

Personally, I would not take a position with such a consulting company, especially when you are working for a supportive employer as a full-time employee.

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