Hi,

Please give me an advice !

I've got an offer in the US with a salary of 6 digits and in a leadership position.

Here I have a very good paid position as well, and in a couple of months I have the right to apply for the PR. Unfortunaltely, here I do not like the weather and seems that the discrimations is something normal if you are older than 35 years.
That's why I would like to leave and to take the risk to work on a H1B visa until I will get the green card (about 3 years).

Would you do this step ? Do you think that is too risky ?

Marius

Hi Marius,

don't even think twice, take it, doesn't matter which state it is. Here they dicriminate openly and the prospects for freigners are very limited, they are now slowly realizing that there may not be enough women in the leadership positions :-) forget about foreigners, germany is ages behind as an industrial nation in social things, it makes me laugh when the government and the opposition party say that a antidiscrimination law would be additional BURDEN on the business, woooow.

Ok oK, I know america is bad, bush is bad, there are so many criminals there, and and ... but somehow they managed to become the most powerful, economically too, country and are still attrachting the brightest people from everywhere... Well things may change in germany once they have "Elitenuniversitaeten" :-)


Good Luck

Hi Marius.

If You can, then try getting the German PR before moving to US. Its never too bad to have options in Your hand. You would have to start from scratch in US, meaning another 3 years before You may get a US green card. Though I must agree that in US it is more likely that U will get the green card without any uncertainities in law or anyting like that.

In my opinion, it is not risky simply because 99% of people who land up in US also land up getting the US green card. Things are pretty straight forward and open over there. However it is never too bad to have an option of coming back to Germany if things dont work out, for which a German PR would be very helpful.

Its also a fact that most of the Germans still have a very narrow opinion about foreigners. But I can see a lot of things changing in Germany, starting with Green Cards, immigration law etc etc. At least they have started Its not possible to expect things to overturn over night, they must take some time.

Btw, what happened with the anti-discrimination law in Germany ? Does anyone have any update ?

Nitin.
Nitin.Malhotra@Khalsa.com

"However it is never too bad to have an option of coming back to Germany if things dont work out, for which a German PR would be very helpful."

you lose german PR when you move to another country on a permanent basis (abscence during more than 6 months). considering that US and Germany are competitors, such a rule makes sense in case of moving to US as well, don't you think?

Correct, the PR expires if You are out of Germany for more than 6 months. So to maintain Your PR, You would have to visit Germany atleast once in 6 months.

So basically You have the following options :

A. Stay in Germany and get German PR. Then stay for another 3 years and get German Passport.

B. Move to US now, and get US green card after 3 years.

C. Get Your German PR in some time, move to US. Keep visiting Germany every 6 months. Then decide whether to settle in Germany or US.

The choice is Yours.

choice C can work only if you will maintain some correspondence address in Germany, some german bank account, and, what is much more problematic, manage to pay some taxes and submit annualy an income declaration in Germany while you will work in US. the latter would only be possible if you have some business here in Germany that can run without you being here on a permanent basis.

and even if you do all that, in fact live in US for some years and later on decide to return to Germany, and officials do find out how it worked, i guess it should not be surprising - unless you will have lots of money that you would like to invest in German economy, but then it does not matter 'cause you will have a right for a new PR anyways - when officials will revoke your PR and suggest you to earn it anew.

the reason is that the law prescribes to revoke PR not only in case when a foreigner is absent for more than 6 months, but as well in the case when it is obvious that foreigner left the country not on a temporary basis. that is the case when foreigner visits the country as a tourist every six months ;)

well in fact they can close their eyes if you all that time while living in US paid some significant taxes in Germany. after all, it always was meant that PR should be given to people who significantly contributed to german economy and did not make problems, even if this simple principle could not be correctly written in the law.

My sincere suggestion is just go for US. You said about discrimanation above 35, but I believe it starts right from the beginning....may be basically because of language. Anyway..what I have seen is they exploit foreign workers because of language...for example in my case..a Green Card starter -- they made me do such dirty things which no permanent employee is willing to do..it would be very long list...

You can grow in US and now one can stop you...so never think twice.. by the way you already have got H1? or when are you they going to process your H1, as far as I know the cap for H1 visas is over and no chances till October...

To get a GC in US three years, with H1B is difficult,
LC- take @ 12 month,
I140 and 485 depand on Country of Born, If it is India, China and Phile. than for 485 will take @ 5 years or morr or depands on EB2 or EB3, if you have Master degree than EB2 so an so... so it is not that easy to get GC in three year, I was working in Italy and Move to us with 3 year calculation, but I am still on first part,

There are some good opertunity, if you have a kids and for that education english is inetrnetional lag. will help, but German has a very good SS, compare to US,If I am in your position I will get German GC amd than move to US (Oppurtunity nock ones a while in our door) but than try to move US, and if you think you are in @ second part at US GC, than let it go German GC.

I am planning to move from US to Germany because of Europe economy compare with US dollers, who knows after 10 year what will happen! but best to keep something hand from Europe!

Have a good luck

"Anyway..what I have seen is they exploit foreign workers because of language...for example in my case..a Green Card starter -- they made me do such dirty things which no permanent employee is willing to do..it would be very long list..."

well i would say the same thing happens to the natives who are poor, do not have the family with a good standing in the society and are stupid enough to think that they can carve some better place for them if they work hard and much ;) why to go too far for a good example - let's look at our good friend Gerd Schröder, who has got exactly what he wanted and does believe that his job will allow his family to get somewhat better position in this life

more clever natives would get a social aid, mostly drink beer on the benches and gossip and irregularly do some schwarz job that would be paid good and would not require much effort on their side. now with Hartz IV this way is closed to them and i know exactly whom they are going to blame for it ;)



why not to give the people what they want, why not, really? some want might and lots of responsibilities, in exchange they must maintain lots of rights - let them have it if they want it. some want money, lots of money, in exchange for making sure that society and state live the healthy life - let them have it if they want it. some simply want to work and have a hope that they earn a better living - let them have it, in exchange for nothing, otherwise it would be just a simple robbery ...

i remember one book by H.G. Wales, "The Time Machine" if i recall the titel correctly, it was about one time traveller and how he comes to a far future and finds out two different races there: one of beautiful children who play their games all the days long and care for nothing, and one of ugly strong monsters who live underground and do all the job so that children can play ... once in a while - in the night, while the children would sleep - they would steal one of them and run, but would never come to the surface to claim that they must play games all the days long and do nothing, and the children must work ... the author came to a conclusion that it's only because the centuries of obedience made them slaves forever, not able to think about anything else but of service. it's not right. how could they steal one of children once in a while then, even in the night? the truth is: the strong ugly monsters have fear. because they know: every time they stole one of those children, they were punished. every time. inevitable.

@Parth and @nanda

The law in the US was changed. The first part of the GC (the longest part) can be cleared in maximum 60 days. So the entire process can take less than 2 years.

In addition the the employer can start your GC processing while you are still abroad. That is great.

The cap for H1B was increased with 20.000 new visas. At the beginning only for people which graduated in the US, but this requirement has been lifted.

@Parth

Do you know after which step in the GC process, my wife has right to work ?

You think that new process for PERM will get you labor certificate in 60 days, it is going to start on March 28th, but that is if you have a good luck, if your case is in Audit it take moons and moons, and after that if you are in EB2, wait couple of year till you have a visa number available ( Ind, Chi, Phi) now visa number is available for priority date on 2001, four years of delay!!

You and your wife can work after you file I485 ( ones you have a visa number available) and receive EAD in 90 days, but she can also change her h4 visa to h1b

Good Luck!

@Parth

I heard that after PERM is ready, you can safely switch the job without to restart the GC process. It is right ?

@Parh

Could you give me your phone number ? I want to call you in order to ask you some questions regarding H1B and GC.

Marius

I think you can switch job after and approval of I-140 and 180 days after file I-485, Because after I-485 you will get EAD and base on this you can chnage job. write your e-mail address so I will contact you by e-mail. and if it is necessery than by phone

Marius,

The decision to move to another country can be viewed in light of short / long term perspectives. I suppose you are looking for a long term perspective. In this regard you need to analyse the job security, GC processing offered by your new employer, ease of integration, family issues etc. If you are satisified with these factors, I would say its worth to take the risk.

Regards
AB

@Parth

my email address is marius2707 yahoo com