Can I change the Company and attend CP?

A

amusk

Registered Users (C)
I am in the following situation please give an advise.
My present company may lay me off at any time from now, but I can request them to continue my GC(now at I140, opted for CP). If I join another company can I attend CP with old company documents? I highly appreciate any help in this regard.

Thanks.
 
I imagine you can

If your current company has agreed to continue your GC processing and they have a job for you in the future, I don\'t see why not. The GC, as you know, is for a future job and not a current job.
 
No

In this circumstances it will be very difficult to convince consular officer that you intend to rejoin your sponsoring employer. You can read more about this on www.imminfo.com
 
Be more specific

You said your intent (assuming no problem with sponsor\'s). What is different in his case?
 
Employment History Review

If you are already in the US, your employment history will indicate that you worked for the sponsoring employer, switched to another employer recently, and "intend" to rejoin the sponsoring employer upon successful completion of the consular process. Definite red flag. This is different from 1) not having worked in the US before or 2) not having worked for the sponsoring employer before.

Technically, GC is for a future job, so present employment shouldn\'t be an issue. Applications are being scrutinized more intensely these days, and if the employment pattern was tailored to obtain the GC, it can cause problems.

A common question in a GC interview is, "Who do you work for? How long have you been with them?" Make sure you have a good story to back up your employment history.
 
left the sponsoring company recently

If the counselling officer comes to know that I recently left the sponsoring company and joined another one, I can\'t convince him that I will go back to my sponsoring company after getting GC.
 
Can I go for I485 filing

I agree with you, that is what my concern is. So in this situation would there be any problem if I file I485?
Thank you very much for your help.
 
Hi gcDrone

When you say "Applications are being scrutinized more intensely these days", how do you know that? I mean have you personally experienced that or someone that you know of?

And that being the case, in what way it might affect the Interview? If you can shed some light on that.

The reason I am asking is, in my case I work for company A, while my GC is filed by company B. Where B is a subsidiary of A. I have an interview on 2nd Jan and so I am trying to prepare for a tough interview.

Any questions/info/suggestion you or anyone provide will be helpful.

Thanks
 
No Title

Not legal advise:
On what grounds will there be a rejection?
Only possibility is fraud; but there is no way only the intent of the applicant can come into question. The main "perpetrator" will be the sponsor.
Why would the intent of the immigrant would come into scrutiny (he was laid off)?

I think this is possible to do; what the immigrant needs is employment offer letter which is unequivocally sponsoring the immigrant, with high ranking managers signing it (maybe even 2, e.g. director and his superior).

When an INS officer sees this, he may think:
* Letter is fake - that is not possible because it is notarized. Notary can easily verify it.
* Letter is not fake, but signers are not telling the truth - but there are 2 signers with high ranking positions and anyone of them can be contacted to verify this (though the notary has already done so). A conspiracy by not one but 2 people is less likely. Rank matters as well.
* The immigrant will not join the sponsor. This is the case in for any CP applicant. Some consulates make the immigrant either say or sign a statement to that effect.

Last, in AOS, is where "red-flags" are really possible. They may reject a case based on discretion, knowing that an later appeal may reverse their decision.
In CP, each and every rejection must be justified.
 
Increased Scrutiny

For Waitnwatch: my comments were based on feedback provided by our law firm. Several applicants reported increased questioning during the interview. Did not hear about any denials. I should add that the law firm is very diligent in pre-screening the candidates for consular processing. Any potential red flags in a case prompts them to push it via Adjustment of Status.

In your case (B is sponsoring GC, but your work for A, and B is a subsidiary of A), your company\'s lawyer is in the best position to advise you. If they supported consular processing, there shouldn\'t be any problems!

Bottom line is, if your case deviates from "normal", make sure you have supporting documentation to back it up. If it requires affidavits or letters from HRs of these companies, be sure to get them. As they say, hope for the best, but be prepared for the worst.

Good luck!
 
No Title

Please note that hearing from applicants about questions asked in interview is better done using this forum and not using lawyers.
 
Role of lawyers

Abu,

I beg to disagree. Please do note that we have several means at our disposal to learn about the GC process. This board has been great in terms of letting people share their experiences. At the same time, I would not discount the value provided by law firms above and beyond their paid services. Paid services get you tangible benefits, like filing of forms, evaluation of case, etc. However, there are other intangibles that go a long way in helping us understand the various GC issues. Examples include Immi-law\'s breaking news, Fragomen\'s notices, Murthy\'s chat, imminfo\'s knowledge, etc. Hey! this board is sponsored by Mr. Rajiv Khanna\'s law firm. :)

My fees did not require the law firm to provide me with interview experiences of their other clients. I consider that as an intangible, much like the examples above.

As an added benefit of hearing it from the lawyer instead of the applicant: you get \'expert comments\' on how the applicant could\'ve handled the situation differently.

Amen.
 
No Title

All I said is that getting first hand and direct information about questions asked is better done using this forum. Getting that from lawyers is second hand and therefore by definition less accurate.
I did not say anything beyond that.

Other than that, I agree with you even though I think you give too much credit to lawyers. I would not say that the 2 law firms paid for by my company were that great; infact, thanks to them I lost 4 to 6 months (I know others that were even worse). That said, I would not advise anyone to \'do it\' without legal advises and help.
 
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