Is this true ?

2

2002

Registered Users (C)
Question: Hi. Please tell me if, after getting GC thru CP, does one have to work for the sponsoring company?

Attorney : Yes, it appears that one would be required to work for the sponsoring employer if one filed for CP since the AC21 law makes no exception or mention of the CP process to enjoy the benefit of the same or similar employment benefit that AOS folks can enjoy. That is a risk with filing CP in a weak economy, though it gets processed faster.

WHAT IS THE ESSENCE OF THIS? DOES IT MEAN THAT GC OBTAINED THROUGH CP HAS A LIMITATION OF WORKING WITH SPONSERED EMPLOYER ? CAN\'T WE SWITCH OVER TO SOME OTHER EMPLOYER LATER OR SOONER ?
PLEASE HELP !!!!
This catch is disturbing me alot...
Thanks in advance
 
It is only a guideline

GC obtained thru employer, immaterial if it is via CP or AOS, only means you have to work for current employer as long as possible. Same goes for the employer they have to keep you in their employment as long as possible. Circumstances can change any day for you as well as your employer and you may have to part ways. Use your best judgement.
 
It means that AC21 portability does NOT apply to consular processing

AC21 permits people who have a I-485 pending for more than 180 days to change employer, so if a person is laid off while the I-485 is pending (maybe only after it has been pending for more than 180 days but this is not certain at this point) the person can find another similar position and the GC will continue. However, if a person is laid off while awaiting consular processing the person needs to start the GC process all over from labor certification with the new employer.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
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