Can some one help me..Please

J

jalach

Registered Users (C)
Hi,

My GC for approved and PP stamped. But still i'm in Dilama what to do after that based on the conditions below. Please help. Here it is my history..

My labour is filed in CA with company A - Jan 2001
Applied I 140 and left to Company B
Transferred my H1B to Company B - May 2001
Company A continues my GC proocess
My I 140 Approved with Company A - July 2001
Finally July 2002 Company A applied I 485 Intention to re employ me (Also attached the current Company B Employment Verification Letter and w-2 with I-485)
Left the Company B and Joined with Company C in March 2003
Transferred my H1B to Company C - March 2003
Got approval in July 2004 and Stamped in Aug 2004.
No RFE from INS.

I'm happy that INS didn't issue any RFE on my case, but on the other hand i'm not happy that i didn't inform about my job change. I was even under impression that my case don't come under AC-21 Law. that's the reason, i didn't file AC-21 paperwork.

I have couple of questions.
1. Do i need to file AC21 now?. Or i have to work for the Company A?
2. At stamping i gave all the EAD's, AP's, I-94 (which was attached to Passport) but not I-94 in the latest H-1B approval. Is that going to give me a problem??

Please help.

Thanks for all the help this forum
 
1. Your GC can be treated as Future Employment GC. In this case its better you work for company A for atleast 6 months or so for the safe side. There are lot of thoughts on this issue, but as I said its safe to go work with company A.

If company A is not ready to take you, then thats a different story,

2. You can give I-94 even now. Its better late than never.
 
I agree with rk4gc, it sounds like a prospective employment situation. It is best to work with Company A to indicated good faith. You are right in thinking that you were NOT covered by AC21, so it comes back to good faith and prospective employment. So it is best if you work with the sponsoring company to show intent.
 
But jalach never used AC21 and his GC is already approved. So AC21 is irrelevant here. Isn't it?

unitednations said:
See Q2 and answer. Also talk to lawyer.
http://www.murthy.com/news/UDac21qa.html

Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.



Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

Yes, under the same circumstances as Question 2.
Click to expand...
 
Thanks you every one for the replies.

rk4gc - thanks for your response. you mensioned i should work altest 6 months with Company "A", is that requirement for Citizenship or one of the condition fufill for all the Future Employemnt GC's?

Company "A" is purely consulting company. Suppose if i willing to join that company and sending the letter intension of joining asap, then, company don't put me in Payroll soon after that. They look for a project somewhere and put me in payroll after i started billing.
But according to GC, they should start paying me soon after i join them irrespective of placement. In this case, i don't think they pay me. if they don't find project/placement in two months, then i can say that as the reason and quit/resign the company "A" and join any other company with my GC previlages. . Do you guys think is that feasible??..

If this is reasonable, then i don;t need to stick to company "A" for 6 months as per rk4gc says.. Do you guys agree with me?
 
jalach said:
Thanks you every one for the replies.

rk4gc - thanks for your response. you mensioned i should work altest 6 months with Company "A", is that requirement for Citizenship or one of the condition fufill for all the Future Employemnt GC's?

Company "A" is purely consulting company. Suppose if i willing to join that company and sending the letter intension of joining asap, then, company don't put me in Payroll soon after that. They look for a project somewhere and put me in payroll after i started billing.
But according to GC, they should start paying me soon after i join them irrespective of placement. In this case, i don't think they pay me. if they don't find project/placement in two months, then i can say that as the reason and quit/resign the company "A" and join any other company with my GC previlages. . Do you guys think is that feasible??..

If this is reasonable, then i don;t need to stick to company "A" for 6 months as per rk4gc says.. Do you guys agree with me?
Click to expand...
Yes, that shows your intentions of joining the company so you should be ok.

6 months is not a rule. Its no where on the paper as a condition for citizenship. And its not just for future employment but any case of GC, its better to work with the sponsored company for 6 months or more to show your intentions. Some lawyers say 3 months enough and others say you need to work 1 year.
 
jalach said:
Hi,

2. At stamping i gave all the EAD's, AP's, I-94 (which was attached to Passport) but not I-94 in the latest H-1B approval. Is that going to give me a problem??

Please help.

Thanks for all the help this forum
Click to expand...

I have similar experience. I gave my first original (white card) I-94 and other documents (latest EAD/AP). I have H1B with I-94 (which I did not give). The H1B attached I-94 has the same number as original. I think you are OK. Some people were not asked to submit I-94 in some cases.
 
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