hi all,
I have seen lot of solutions for the people question inthis forum. hope someone can answer my Q.
i am now working in a company on Greencard(5 yrs) from dec 2004. i have got one offer from other company. so what will be my visa status if i join new company. will it be same GC with new company name or GC gets cancelled and new give work permit for 1-2 yrs as it is issued now.
is it easy to get new visa status if i change the company or will it again go all procedures like(arbeitsamt and etc) my first case.
I would be very kind if i get response from someone who has idea over it..
Thanks n regards
kumar

With ABH everything is posible, but according to law you are free to work anywhere in IT.
So ABH should issue new AE binded to IT without any problem if they know their job (which is rarely the case).

Hi Kumar,
If your visa is binded to the Company, then it will be a Problem.If your visa is not binded to the company and only binded IT, then it won't be a problem.As from what I know most of the GC issued in the late 2004 was binded to the company.So just look into your visa if any company name is there.
-metro

metro what you say can be true but only if he runs onto some bad Beamter.
Good one will know that even if GC is binded to firma it is by the force of law valid for complete IT, so he will give him another AE without problems. Maybe he will send papers to AA for check but they should also know it (I said they should know, not they know).

Law which describes that is § 46.2 BeschV:
http://www.aufenthaltstitel.de/beschv.html#46

hi metro n DVD,
thanks for ur replies. well my visa is binded with company name....
satish..

hi
i have one more Q, for the NIEDERLASUNG visa , is it imp to have UNSELBSTÄNDIG OR SELBSTÄNDIG. which one is better for us to select in application form..
thanks n regards,

satish..

Hi DVD,
YOu are right.But, there are some GC's here in Germany who work for their sister concerns in Germany.The Parent company is in their native country.So they work here in deputation.And belive me they don't pay any social versicherung(still I cann't understand this), they only pay the stuer.And they are also given GC's and their visa's are binded to the company.In this case what I said applies.
-metro

"And belive me they don't pay any social versicherung(still I cann't understand this)"

i don't pay as well ;) why? state will have to pay my living expenses anyways

@metro

it is very imortant to understand when someone is doing something wrong. We can not conclude what is right just by saying that some guy did it.
I am not sure if it is legally OK when those companies do not pay Versicherung (I think not) but I Know this:
Every GC is the same and by definition in law it is binded to IT. With new law it is the same because of §46.2 BeschV.
Even if the company does not pay Vers. GC is still valid for all companies.
This guy should ask for a Auflage Aufhebung and he should get AE binded to IT. With it he can go to new company without problems.

@DVD
I fully agree with you.I thought too it is not possible, but then came to know few other GC's who are working for TOP German Companies like that.When I asked them , they told me that they are from the sister concern and with GC they are working here for their parent company for short period like 1-2 years and once their company says to go back then they will have to go back.They also told that they cannot change the job.I argued to them that the company cannot send them back, if they search for other job, as a GC they have the right to change company.But, as you know sometimes it's pretty hard to undertand.
-metro

Hi DvD,

I have the case :

My visa is binded to the company 'X' and the company will be bought next month for sure,
there will be employee transfer etc. from Old to New company. what should I do then..?

Do I need to start the Papers all over again or the new company will take of this?

Thx

Kabari

"I argued to them that the company cannot send them back, if they search for other job, as a GC they have the right to change company."

they cannot send anybody back. such a task is made by the government structures ;)

wake up man and open your eyes. TOP German (? i would say american) companies do not want to pay taxes and want to have people who would work overtime, would not ask many questions and would not pretend to have any rights. For that purpose they support the institute of "business partners" in third world countries, the purpose of those "business partners" is delivery of sklaves for particular projects and punishment of the sklaves that cause problems.

When the sklaves - after the project is over - pretend to have any rights not to go back, then the corresponding departments of those TOP German (american) companies come into play. That means the following:
- the CG surprisingly finds no new job however hard they search for one;
- those TOP companies have ties to lead politicians as well, who make sure that their interests in sklaves are backed up and get money for such a job - what is almost impossible to prove, 'cause on paper those politicians are getting their money for some consulting services the actual job although is making sure that the sklaves get problems with the government structures. not hard to achieve at all - it just requires some directives to local officials concerning particular person, and believe me - people who studied the law can give very sound reasons for anything


P.S. 1. politicians and the officials on federal and regional levels are all in fact lawyers
2. don't argue the poor guys into something for what they may later blame you

Kabari:
"Do I need to start the Papers all over again or the new company will take of this?"

the company can not do it even if they want. they can only help you which will not help much since they do not know it.

Go to ABH and they will arange everything.
If they know their job (low chance) they will give you AE binded to IT.
If they do not know their job than you should try to explain to them that you should get IT binded AE according to §46.2 BeschV.
If you are here more than 3 years than you have to get Be or Eg (completely unbinded ArbErl) according to §9 BeschVerfV.

How long are you in D?

DvD,

I have been here in D* for 4 years, 3 months exactly.. I am a bit worry about it. I am trying to get BE at ABH. The first time I went to ABH, I recieved 2 pappers that need to be filled out + photo, but when I submit it a weeks later to another Beamte, she checked all the document, she said that she is not sure about it and asked me to call her within one weeks 'coz she needs to ask her Boss about it.
I am chasing it just because of the Company will be changed immediately.

Which Rules (gesetz) I should bring to ABH for getting BE?

Do you think that ABH will allow me to get BE?

Kabari.

@kabari:

according to §46 BeschV you have right
to get the AE which is binded only to IT area. This should be actually good for everybody since you do not actually want to work as Putzfrau, do you. You should also get extension immediately beyond inital 5 years limit. This law regulates also very clearly this.

Furthermore according to §9 BeschVerfV you can but you do not have right to get BE, on double basis, you are in germany 4 years, and you have worked 3 years. So you cannot fullfill anymore conditions to get BE.

P.S. I think you will get your BE if you fight for it and if you believe that you deserve it.

What you do not get is the visit of the ABH Beamte on your house doors asking you politely, Oooo, Kabari, would you please allow us to give you BE, we are pleased to serve you. Unfortunately things with ABH do not work so :-( .

@cedomir,

Would it be easy to submit it by myself or I need a Laywer to deal with?

I need to have a clear picture about BE. BE is a kind of Extension or is it only another Title to avoid a binded company in the Visa ?!? or BOTH.


Kabari
Budi

You do not necessarily get an extension. You avoid binding to company in the visa in the first place. But to get an extension afterwards it should be a routine matter. But they can also give you extension.

I did my first request without lawyer, they accepted the request without problem. If they would deny it in that point I would ask for the help of the lawyer. If they also give you "Stellenbeschreibung" or something that goes in direction "Arbeitsmarktprüfung" you should not accept that, in that case I would also reccomend lawyer. Normally you should give them only confirmation from your company that you are still employed there, perhaps also proof that you have worked 3-4 years.

But you can hardly make mistake if you take experienced lawyer immediately. It's up to you. The question is also do you need this at all, it helps you only if you loose / change the job.