Hi Guys,
After reading a lot a material on AC21 I am a little confused about
the issue or \'INTENT OF WORKING WITH SPONSORING EMPLOYER\'. Could you guys shed some light on these issues.
If one wants to leave sponsoring employer under AC21 what should be
the text of the resignation letter?
Can an employer use a resignation letter as a tool to say that the
employee did not have the intent to work and as such green card
petition is invalid. For me 70 days have passed since 485 rd.
please comment/clarify the issue of intent in the following extract
from Carl SHUSTERMAN\'S IMMIGRATION UPDATE (December 2001)
http://www.shusterman.com/siu.html
"
The statute provides that the job offer is prospective only. However,
case law imposes an "intent" requirement: An applicant must, at the
time that an application for adjustment of status is submitted, have
the intent to work for the petitioning employer indefinitely. If the
applicant quits to work at a higher-paying job two days after the
adjustment application is filed, the INS may seek to deny the
application arguing that the applicant lacked the requisite intent at
the time that the application was submitted. However, some people
think that the rule requires the applicant to work for the
petitioning employer for 180 days after the I-485 is submitted. It
clearly does not.
In practice, an applicant who changes jobs after the I-485 has been
submitted should send both letters to the INS by certified mail. "
Pls: Also confirm:
A) Leaving current employer is possible even before 180 days are over, if I485 continues to remain pending for 180 days.
B) Once I485 is filed can employer withdraw I-140, if I485 continues to remain pending for 180 days. If he does does that impact GC with future employer. There is nothing to this effect in AC21 as it says that LC and I140 remains valid with respect to new job if I485 continues to remain pending for 180 days.
Thanks in advance
After reading a lot a material on AC21 I am a little confused about
the issue or \'INTENT OF WORKING WITH SPONSORING EMPLOYER\'. Could you guys shed some light on these issues.
If one wants to leave sponsoring employer under AC21 what should be
the text of the resignation letter?
Can an employer use a resignation letter as a tool to say that the
employee did not have the intent to work and as such green card
petition is invalid. For me 70 days have passed since 485 rd.
please comment/clarify the issue of intent in the following extract
from Carl SHUSTERMAN\'S IMMIGRATION UPDATE (December 2001)
http://www.shusterman.com/siu.html
"
The statute provides that the job offer is prospective only. However,
case law imposes an "intent" requirement: An applicant must, at the
time that an application for adjustment of status is submitted, have
the intent to work for the petitioning employer indefinitely. If the
applicant quits to work at a higher-paying job two days after the
adjustment application is filed, the INS may seek to deny the
application arguing that the applicant lacked the requisite intent at
the time that the application was submitted. However, some people
think that the rule requires the applicant to work for the
petitioning employer for 180 days after the I-485 is submitted. It
clearly does not.
In practice, an applicant who changes jobs after the I-485 has been
submitted should send both letters to the INS by certified mail. "
Pls: Also confirm:
A) Leaving current employer is possible even before 180 days are over, if I485 continues to remain pending for 180 days.
B) Once I485 is filed can employer withdraw I-140, if I485 continues to remain pending for 180 days. If he does does that impact GC with future employer. There is nothing to this effect in AC21 as it says that LC and I140 remains valid with respect to new job if I485 continues to remain pending for 180 days.
Thanks in advance