Lohith, UnitedNations, Could you help to answer these concerns???
Thanks Lohith.
A. So, this would mean that if the GC sponsor does not complain, no issue. I am also assuming there must be a time window to join or complain.
B. If some one does not join for 6 months but still has intent to join later, what would that mean from intent prospective.
C. If sponsor complains, one can give reason like due to delay in 485 approval, got better job or the job contents should be similar in new job as well.
D. Can someone give a reason that the sponsor is no longer an attractive option due to losing business in market etc?
Here is my scenario -
1. I am working with company A since Jan 2004 at a good position and salary.
2. GC sponsored by Company B in Sept 2004 in EB2 using substitute labor for a relative junior position and lower salary ( Min salary per labor around 90K)
3. My 140 got cleared and now it is more than 6 months. 485 is awaited.
4. I would like to continue with my existing company due to my relative higher position, stake and salary. Do I have to use AC21 or say can I use AC21 if I want to continue with existing company?
5. If yes, Should I use AC21 now or wait for some more time or wait for GC and take no action?
6. Am I under any obligations to join sponsor at this time when 140 has got approved?
7. The sponsoring company is not likely to complain or withdraw anything but I would like to be safe at my end, you never know when the things can change. Our own power is what we own.
Any suggestions would be highly appreciated.
I have suffered for last 4 years and lost my peace of mind due to this hopeless situation of GC pending with unapproved 140 and 485.
Now, the good thing of 140 approval happened unexpectedly, thanks to God Almighty, and I think it is better to be get more informed before taking any action.
This forum provides better Insight than many attorneys put together as this forum is by choice and without any financial motives whereas going to attorneys is by compulsion and financialy motivated.
Thanks a lot in advance.
lohith said:
If GC sponsor complains to USCIS on your 140/485 that your intention was fradulent and not working for his company even after approval , then all trouble is yours, to send AC21 letter justifying job duties and why you changed your intent after approval.