Apply for CP and return to India??

L

lcrusader

Registered Users (C)
Folks,

I have to leave for India and am in the process of getting a PERM approval. One of the options I have is to apply for my I140/CP after PERM approval and return to india. I will be working for a different company in India and will not be tied to my GC sponsor in any way. Do you think my CP will be processed while I work in India for a different employer? If not, what other alternatives are available to keep my GC active?

Appreciate any input.

Thanks
Ravi
 
lcrusader said:
Folks,

I have to leave for India and am in the process of getting a PERM approval. One of the options I have is to apply for my I140/CP after PERM approval and return to india. I will be working for a different company in India and will not be tied to my GC sponsor in any way. Do you think my CP will be processed while I work in India for a different employer? If not, what other alternatives are available to keep my GC active?

Appreciate any input.

Thanks
Ravi
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That should not be a problem. Only thing you need to confirm is your I-140 gets approved. If the company financials are fine and job description matches your profile it should be OK.
Also think about PD issues.
 
tammy2 said:
That should not be a problem. Only thing you need to confirm is your I-140 gets approved. If the company financials are fine and job description matches your profile it should be OK.
Also think about PD issues.
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Tammy,
I am the not the expert to comment but whatever I have read and learnt from the forum, I couldn't understand your answer. U said there should not be a problem.Can u clearify please. Our friend is telling that he will not be working for the sponsoring company and he will be working in india with different company, then how can he be able to have his 140/cp processed with the old company when he won't be attached to that company. I will really appreciate if one thinks twice before giving advise on such sensitive issue .Alren/Raju please advise so that our friend won't get the wrong answer and plan without knowing the fact.
 
The employer who is supporting his PERM and sponsoring his I-140, is doing so for a future employment. The fact that he is currently working for him is only and would not be working for him until the GC comes thru is only incidental!

That is my opinion and that was how my Labor got started. I joined that employer is just another info that goes on my employment history. I am still required to carry an offer of appointment when I go for Consular processing, eventhough I am already working for that employer! (Also, the salary indicated on the offer of appointment should match or exceed the one that was used for Labor certification) So, I believe the advice is correct.

H
 
Hanuman55 said:
The employer who is supporting his PERM and sponsoring his I-140, is doing so for a future employment. The fact that he is currently working for him is only and would not be working for him until the GC comes thru is only incidental!

That is my opinion and that was how my Labor got started. I joined that employer is just another info that goes on my employment history. I am still required to carry an offer of appointment when I go for Consular processing, eventhough I am already working for that employer! (Also, the salary indicated on the offer of appointment should match or exceed the one that was used for Labor certification) So, I believe the advice is correct.

H
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hanuman,
thanks for the reply. I have a question for you. Lets say his I- 140 is approved and he is in india and working for another company, now on what basis he will be going for the cp interview when he is not even working for that employer, how is he going to get the employement letter when he has already left that company and working for the second person?and when he has already left the first employer and gone back to india for instance.Is it not clearly giving a false statement when he fills the form ds 230 when he has to mention all the job details and the his job history?Is it not putting his chance for the future GC in jeopardy? Just a thought. i hope someone clerifies.
thanks
 
sudmoni said:
hanuman,
Is it not clearly giving a false statement when he fills the form ds 230 when he has to mention all the job details and the his job history?thanks
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As I understand from Ravi's mail, the question seems to be whether he can switch employers like in AOS as he has mentioned that the new company "will not be tied to my GC sponsor".
In CP that should not be possible because of the employment letter reason given by sudmoni and because CP is not covered by the AC21 portability provision. Hence if switching employers is the intent AOS would be better but then he cannot be working in India during the processing.
 
Lcrasuder

I am totally agree with TAMMY2's opinion. With My experience we can apply for CP, even we are working for different company in India.

Eg: My Husband is working in India as Environmental Scientist in a prestigious institute in Bombay. With our Company's Lawyer suggestion they applied for directly I140 under EB1-OR category for future employment.(Our company is also supports Environmental solutions). It was approved and our file reached to Chennai Consulate on July 19'th. Waiting for the Interview keeping our fingers crossed.


My Husband's I140 got two Queries, bcz I am here in USA and working in the same company I can able to take actions on behalf of my husband.

Important Suggestion: Please have some body in USA who can directly contact your lawyer and can work on behalf of you.Think of all possible ways and be prepared for some unexpected query (might happen).

Good Luck in your journey.
 
Naga Lakshmi said:
I am totally agree with TAMMY2's opinion. With My experience we can apply for CP, even we are working for different company in India.

Eg: My Husband is working in India as Environmental Scientist in a prestigious institute in Bombay. With our Company's Lawyer suggestion they applied for directly I140 under EB1-OR category for future employment.(Our company is also supports Environmental solutions). It was approved and our file reached to Chennai Consulate on July 19'th. Waiting for the Interview keeping our fingers crossed.


My Husband's I140 got two Queries, bcz I am here in USA and working in the same company I can able to take actions on behalf of my husband.

Important Suggestion: Please have some body in USA who can directly contact your lawyer and can work on behalf of you.Think of all possible ways and be prepared for some unexpected query (might happen).

Good Luck in your journey.
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NAGALAXMI,
Sorry to contradict you but I think u are missing the point here. Your husband at the moment is working for the different company and the company for which his I140 is approved and the same company(his future company as u said) is going to give the employment letter for CP right? But Ravi has different issue he is working for company A which is sponsoring the perm/I -140 and now he plans to leave companyA and go to india and work for company B and continue his CP with company with company A.so I don't know how u are trying to relate your husband case and Ravi's case together as same. Kindly understand the issue .I hope u guys understand the issue properly before being so sure. I am not the expert. May be some expert like ALREN/RAJU CAN HELP. RAVI please don't make any plan before talking to your lawyer as forums are good but ultimately u have to take an expert advise before deciding but I feel that u cannot do what MAhalaxmi and Tammy are advising, just a thought.
 
As LCARSUDER's case after his labor approval his company is going to file on I140 CP option for future employment. And he is going back to India and going to work for different company.

IF the company is filing for future employment with approved labor in CP Process there is no requirement for the candidate to work in the same company ( mentioned by our lawyer) . He can work XX company in any XX place . If he is in India , and going on CP process we need not to submit W2's, pay stubs or bank statements for NVC or at the time of the interview
in Consualte.

Coming to my husband's case relating to LCARSUDER's case .The company is applied for 1140 on CP process for his future employment while he is in India( he is still in India). In his case he didn't worked in anywhere in USA. After his 1140 approval the NVC asked for notarized offer letter from the employer and biographic forms of family members. At the time of the Interview he has to submit again notarized offer letter from sponsoring company. Because he is not working for the company he need to submit w2's, pay stubs, etc..

We took the lawyer's advise and proceeded like this way. I was saved by requesting the CP process for my husband than to me( I am on H1 with the same company).BCZ I can skip Labor process and directly applied for I140.
ultiamtely I am benficiary on his Immigrant Visa as a spouce.

Even I am suggesting to LCARSUDER to take full precautions with lawyer's advise. We are only trying to say there is a option like this way too.
 
correction.

If the candiate is not working for the company,there is no need to submit w2's, pay stubs, etc.. in I140 CP option for future employment.
My husband is not going to submit any of these at the time of the interview.
 
bottom line

Bottom line: At the time of CP interview, lcrusader will need to submit a notarized offer of future employment at the same or higher salary as the LC from the sponsoring company.
 
Naga Lakshmi said:
As LCARSUDER's case after his labor approval his company is going to file on I140 CP option for future employment. And he is going back to India and going to work for different company.

IF the company is filing for future employment with approved labor in CP Process there is no requirement for the candidate to work in the same company ( mentioned by our lawyer) . He can work XX company in any XX place . If he is in India , and going on CP process we need not to submit W2's, pay stubs or bank statements for NVC or at the time of the interview
in Consualte.

Coming to my husband's case relating to LCARSUDER's case .The company is applied for 1140 on CP process for his future employment while he is in India( he is still in India). In his case he didn't worked in anywhere in USA. After his 1140 approval the NVC asked for notarized offer letter from the employer and biographic forms of family members. At the time of the Interview he has to submit again notarized offer letter from sponsoring company. Because he is not working for the company he need to submit w2's, pay stubs, etc..

We took the lawyer's advise and proceeded like this way. I was saved by requesting the CP process for my husband than to me( I am on H1 with the same company).BCZ I can skip Labor process and directly applied for I140.
ultiamtely I am benficiary on his Immigrant Visa as a spouce.

Even I am suggesting to LCARSUDER to take full precautions with lawyer's advise. We are only trying to say there is a option like this way too.
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nagalakshmi,
kindly it will be nice if u don't mention what your lawyer said because every case is different and u cannot give the verdict on different situations, I think it will be fair to let Ravi talk to his lawyer and get the real information and not my lawyer said and that lawyer said. Just a thought.
 
pras01 said:
Bottom line: At the time of CP interview, lcrusader will need to submit a notarized offer of future employment at the same or higher salary as the LC from the sponsoring company.
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I TOTALLY AGREE WITH YOU.
alren/ raju please advise.
 
Nagalakshmi,
let me ask you a question. If during the interview they ask for the employment letter, what is he going to produce? :confused: So according to you he can say I don't work for that company who has sponsored the CP/140. consular officer must be real dumb to ignore that fact that the applicant doesn't have a employment letter and still he wants have the green card approved. :confused: Are u missing something my friend?????
 
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sudmoni said:
Nagalakshmi,
let me ask you a question. If during the interview they ask for the employment letter, what is he going to produce? :confused: So according to you he can say I don't work for that company who has sponsored the CP/140. consular officer must be real dumb to ignore that fact that the applicant doesn't have a employment letter and still he wants have the green card approved. :confused: Are u missing something my friend?????
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He will not be dumb. Green card is future employement. you need to take offer letter with you.
 
tammy2 said:
He will not be dumb. Green card is future employement. you need to take offer letter with you.
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tammy2,
u are absolutely right. But how is he going to get employment letter when he has already left the sponsoring company job?
 
Sudmoni

sudmoni said:
Nagalakshmi,
let me ask you a question. If during the interview they ask for the employment letter, what is he going to produce? :confused: So according to you he can say I don't work for that company who has sponsored the CP/140. consular officer must be real dumb to ignore that fact that the applicant doesn't have a employment letter and still he wants have the green card approved. :confused: Are u missing something my friend?????
Click to expand...

If you read my previous posts thaourouly you can find the words "
At the time of the Interview he has to submit again notarized offer letter from sponsoring company."

I am trying to give LCARCUDER case wise detailed information with example of mine The option of I140 CP for future employment . Yes, I am tring to give my laywer's openion with this option. Like wise any body can post their laywer's openion with this option for him. That's how he can get more information to take up a decision.
 
Naga Lakshmi said:
If you read my previous posts thaourouly you can find the words "
At the time of the Interview he has to submit again notarized offer letter from sponsoring company."

I am trying to give LCARCUDER case wise detailed information with example of mine The option of I140 CP for future employment . Yes, I am tring to give my laywer's openion with this option. Like wise any body can post their laywer's openion with this option for him. That's how he can get more information to take up a decision.
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Sorry for spelling mistakes in my mail. I do not want to raise any posts on this, I think it's no way going to help LCARSUDER.
 
Naga Lakshmi said:
If you read my previous posts thaourouly you can find the words "
At the time of the Interview he has to submit again notarized offer letter from sponsoring company."


Nagalakshmi,
I also don't want to raise posts for this issue. I was just trying to tell that your and ravi's case is totally different.Its ravi's case and he needs to take appropriate decision after his lawyers advise. But the bottom line is he needs the employment letter from the company which sponsored his labor/I-140 and not the company he will be working for in india. Yes I140/cp is for the futue employment but that is not the case here as his future employment according to Ravi is company in india and your husband, Nagalakshmi, his I140/cp is getting processed also for future employment and the only difference is the same company is going to provide the Employment letter for your husband. I was trying to tell you that point again and again Your lawyer advised you 100% right thing for your case in specific but is not suitable for Ravi's case.
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