After green card issue.... PLease Respond

D

davinder

Registered Users (C)
My client is laying me off but my client offered me full time position if I want too join them. But my consulting company doesn't allow me to go and join them because of my contract. And my GC was approved just couple months back. I am very depressed now and heard that conulsting company can report INS and can create some green card problem even though 485 was already approved.
Please respond....
Thank You.
 
I have read on several posts that usually you are suppose to work 6 months to 1 year for the company who you said you will work at the time your 485 was approved. To be on the safe side, I suggest that you work there untill 6 months are up. You can talk to a lawyer to find out if there is a safe loop hole to get out of the sponsoring company and get a new job.
 
"intent" is the key word..

You mentioned "the client is laying u off". Actually, it is ur employer (consulting firm) that needs to lay u off. Is your consulting firm offering u another contract/project? Are they continuing to pay u the salary mentioned in LC?

If ur consulting firm lays u off, or stops paying u, u shouldn't have problems in joining the client directly. BCIS requires that u should have the "intent" to work for the sponsoring employer forever. So, u urself should not initiate a job change for atleast 6 months to 1 yr after approval. However, if you are laid off, it is not ur fault, and u can claim that ur intent to work for sponsoring employer did not change but u had to take another job due to the layoff. Make sure u have layoff documented!

goodluck

-ab
 
Most consulting firms have contracts stating that you can not leave and join client for certain amount of time. But in case of layoff, at least you should be able to talk to negotiate.
 
go back to your consulting comapny and try to fail in interviews for next job and ask him to pay u during that period. In some time he will lay u off and mean while ask ur clint that u can join in one month time .I think no consulting company will pay one month for free.
 
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