Can sponsoring company withdraw approved GC

M

ManojKumar197

Registered Users (C)
Dear Friends,

The context of the question is how soon one can leave sponsoring company after GC approval. My GC was approved on 12/8/8 2004. I would like to join the client company for whom I had been working for last 4 years. If I leave within 2 months of approval, can the sponsoring company ask for for withdrawl of GC and succeed in that?

thanks
Manoj
 
ManojKumar197 said:
Dear Friends,

The context of the question is how soon one can leave sponsoring company after GC approval. My GC was approved on 12/8/8 2004. I would like to join the client company for whom I had been working for last 4 years. If I leave within 2 months of approval, can the sponsoring company ask for for withdrawl of GC and succeed in that?

thanks
Manoj
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I think they can if they establish you didn't have the intent to
work for them at the time of getting the card. Your leaving
too soon is circumstantial evidence they can provide.

Let the client company do the talk with your sponsoring
company. and also let the client company solicitate you
first.
 
AmericanWannabe said:
I think they can if they establish you didn't have the intent to
work for them at the time of getting the card. Your leaving
too soon is circumstantial evidence they can provide.
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How can they establish?? If they can ,In that case, employer can establish that after working 1 yr with them also.
 
ManojKumar197 said:
If I leave within 2 months of approval, can the sponsoring company ask for for withdrawl of GC and succeed in that?
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Less than 60 days after approval? The sponsoring employer could raise a stink about it, and USCIS might investigate. You may or may not prevail, but it certainly would be a giant headach I would suggest 90 days at a minimum.
 
AmericanWannabe said:
Yes, they can.
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Thats it. So if employer wishes and ready to spend money/resources/reputation, they can SCREW GC holder at any time, few month or year. (Assuming that GC sponsering employer can revoke GC's???)

Has anybody know anyone whose GC been SCREWED by sponsering employer?? Please post details.
 
The law does not specifically talk about post GC situation. INS has no regulations either (except for those who go for consulate stamping). So it all depends upon how you treat this matter. Some people treat this as non risky (to leave the sponsorng employer within 2 months) where as some people treat it as risky. In my personal opinion, it will be risky only if you leave within a month. So weigh the pros and cons and make a decision. If the client can wait for 3 months, then it will be great.
 
dsatish said:
The law does not specifically talk about post GC situation. INS has no regulations either (except for those who go for consulate stamping). So it all depends upon how you treat this matter. Some people treat this as non risky (to leave the sponsorng employer within 2 months) where as some people treat it as risky. In my personal opinion, it will be risky only if you leave within a month. So weigh the pros and cons and make a decision. If the client can wait for 3 months, then it will be great.
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and also make sure on the job application form of the client
company, put down the correct reason for leaving
th eprevious employer which is your GC sponsor.

Write down :"The reason I left my previous employer
is the client company (ny cuurent employer) keep
begging me to join them. I refused at least three
times because I really wanted to work for
the previous employer indefnitely long but in order to
better serve the national interests of America, I finally
decided to leave th eprevious employer and join the
current employer". It will enter the permanent
records of the new employer and you can pull it
to defend yoruself in the future.

Never write down the reason as "I hate
the previous employer, the previous employer
has no fture for me, etc"
 
But...I dont understand the part.."employer withdrawing approved GC"..?? :eek: . GC belongs to the personal, right..????? An employer shud be able to withdraw only I140. May be they can write a letter to USCIS about the "intent of fraud" of the GC holder.
Am i mistaken here..??
 
pv1976 said:
But...I dont understand the part.."employer withdrawing approved GC"..?? :eek: . GC belongs to the personal, right..????? An employer shud be able to withdraw only I140. May be they can write a letter to USCIS about the "intent of fraud" of the GC holder.
Am i mistaken here..??
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Many people use many terms exchangeably even strictly they are not strictly correct
 
AmericanWannabe said:
Many people use many terms exchangeably even strictly they are not strictly correct
Click to expand...

So what are correct TERMS? Post it correctly once for all for all members
 
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qwerty987666 said:
So what are correct TERMS? Post it correctly once for all for all members
Click to expand...

It should be within these lines:

Employer can revoke I-140, approved or pending. Employer cannot revoke an approved I-485 or green card. Employer, however, can inform USCIS about the employee's intent after the GC. USCIS (and the Atty. General), may investigate the matter and can revoke the green card if proven that laws were broken.
 
rgeneblazo said:
Employer cannot revoke an approved I-485 or green card. Employer, however, can inform USCIS about the employee's intent after the GC. USCIS (and the Atty. General), may investigate the matter and can revoke the green card if proven that laws were broken.
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How employer inform CIS?? Is there any formal procedure or just some random letter??

Bottomline is has anybody know anybody, heard anything like this before that sponsering employer has screwed up GC?? Or this is just someone minds burb?
 
qwerty987666 said:
How employer inform CIS?? Is there any formal procedure or just some random letter??

Bottomline is has anybody know anybody, heard anything like this before that sponsering employer has screwed up GC?? Or this is just someone minds burb?
Click to expand...

A lot of discruntled individual do this to get their ex-spouses'
marriage-based GCs revoked.
 
AmericanWannabe said:
A lot of discruntled individual do this to get their ex-spouses'
marriage-based GCs revoked.
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OK, more twist. So its not just employer, spouse can also SCREW your GC? Is that what you want to say??
 
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qwerty987666 said:
OK, more twist. So its not employer your spouse can also SCREW your GC? Is that what you want to say??
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If one petition for one's spouse GC, one can get the GC revoked
if he/she can show the marriage is fraudulent
 
AmericanWannabe said:
If one petition for one's spouse GC, one can get the GC revoked
if he/she can show the marriage is fraudulent
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In case of "Fradulent marriage" , agreed. But what about other cases, can (ex)spouse revoke GC??
 
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AmericanWannabe said:
Cannot. But they can still screw their spouse if they know some dirts.
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Spouse don't need to know any dirt at all. S/he can simply say(or inform CIS) that her/his (ex)husband/wife didn't have intent to work with GC sponsering employer and thats why he left sponsering employer. Thats it. GC revoked. RIGHT?? Thats what is your argument in case of employer informing CIS, then why it doesn't apply for spouse???
 
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