can employer dictate not to do CP

Kevin Shells

Registered Users (C)
My employer has a policy that no employee can file for CP....everyone must do the regular I-485 filing. Can the employer dictate such a policy?
 
Abu_lafya How ?

Either we have to indicate on I-140 or later file I-824 or AC-140. All of these are done by Company. So how you can do it on your own. also you need origional approval notice. Don\'t you ? I agree that once the application is processed for CP then you don\'t need any help from employer. Please clarify your point Abu, you have a lots of neat ideas.
 
Not good idea

to do something for Employment Based IV without informing employer. The consulate people might call up your company in rare cases.

I think your best bet is to convince your employer that CP is the option you want to go by. I had a hard time convincing them but succeeded finally.
 
I agree with Raj. It\'s not a good Idea. Remember that you are in Employment Based.

Try to convince the employer. That\'s the only option.
 
No Title

AKS1234,

No you are wrong!!

Employer has no right to cancel your Green Card.

Green Card cannot be revoked unless there is a fraud, which means that either you never intended to work for the employer afer approval or the job was bogus.

Simply put, reporting to work after you get your green card takes care of your side of Obligation. How long to work is a grey area, check "After the green card" forum to gain more insight.
 
iterview date

I really appreciate your inputs...
I guess the aim is to obtain the I-140 original approval and also an employment verification letter from the employer. This will be tough.
How soon do we get an appointment at say the Mumbai Consulate to do a CP?

THNX....
 
Sorry for late response.

If you can get I140 to specify CP and get employment letter as I described above, you don\'t need employer\'s cooperation. Of course, it will be better if they know about it.
It also depends on your employer. Some (all the ones I know) employers know nothing about the process. Its their stupid lawyers that set up the "policy" to get their costs down thereby abandoning their first call to serve you.
It is not your task to teach your employer about immigration procedures. If you can easily get employment letter (which is the major hurdle in front of you) and you can travel for the interview, you can do CP. If your company lawyer insists on doing CP and your employer insists on doing only what the lawyer says and will not give you employment lettet without lawyer\'s consent, you cannot do CP.
If your employer might agree to do what the lawyer says not to, you can do CP.

If you are going through NVC, you probably don\'t need I140 approval notice. It is only "nice to have" in regular NVC processing. For AC I140 you do need it.

See also:
http://www.imminfo.com/imminfoftp/imminfo analysis 2.pdf

In rare case that consulate calls your HR department, they will say you are employed with them. I don\'t see much danger in that. Remeber that in many cases (NOT ALL) the employer is clueless about what\'s going on and therefore nothing bad can happen from that.
 
I didn\'t inform my EMPLOYER!

I got my CP done! ...... just asked for the employment letter notorized! ..before leaving for 2-weeks, informed them about 2-weeks vaccation to visit home prior to 485. Thats it! Had a lot of tension.. if ?...what if? ... but luckly God helped! Visited temple twice in India! That Helps!
 
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