Changed employer before 180 days.

I kinda disagree with number 2 (but thats just me) She cannot work on any position only what is mentioned in the Labor cert even using EAD.
 
i also believe Point #2 is not Correct as when AOS is pending EVEN if you use AC21 or EAD you have to work in the same job Profile but it is not the same case for a derivative Application as for a derivative Spouse she/he may not have been working before and hence can choose any work field or Area of work.
 
My point being that the job she is doing in #2 has no connection with the I-140 and LC. This is because the AC21 transfer is not invoked till 180 days are over. During this period her future job offer from employer A continues to remain in the LC/I-140 occupational classification. My point is that, in the interim, working for employer B it is like working on an unrestricted EAD just like a derivative applicant, till the I-485 is approved; after which one must work in the 'future' job described in the LC/I-140. Of course, with a H1 it would have been different.

GC is for future employment and need not have any relation to current employment.

Comments?
 
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Niladri the lawyer (almost:D)

I agree that the GC is for a future job and your argument that it need not have any relation to current employment is correct theoretically

But the INS office adjudicating your case will not see it that way, or atleast has been told to deny a GC if there are any descrepencies in the current job. Else an RFE should jus t for a EVL letter asking he sponsoring employer to confirm the terms of a future employment on the terms of the approved 140.

I had a discussion with my lawyer on this this week, since my current situation is somewhat similar, her opinion is that BCIS will deny, or atleast will give u enough trouble if the new job you have taken, is not of similar nature, exact or similar job descrption and close or almost close compensation.

If you have anything radically different, and in you case the interim job seems to be different that the approved 140 terms, you may be setting yourself for a interview atleast.

My lawyers Mantra is : terms of the approved 140: that is the golden phrase, if your new job meets this phrase your are fine..hope it helps..
 
Can I ask a question regarding the 'future employment theory' just so that you understand that you take all this theory which can be turned into practical.

Suppose a person has some management degree and his/her LC got approved some time back. He/she is working on a management job lets say finance and currently working on H1.

The LC states that he/she will be joining as a software enginner after GC process. Wouldnt that kinda of trigger the suspision in BCIS.

In this case even thou the job is in future and the person is doing totally unrealted job that could possible be a risk. Still depends on case to case....

BCIS is scrutnizing a lot these days so that all I am saying.......theories theories thoeries :D :D :D

btw niladri If i get a situation i would consult you more than my own laywer hehehehe
 
pceefan,

I am not suggesting one should go seek trouble :)
The point is, a lot of the BCIS created troubles have no basis in law, and can be faught and won.

I want people to know this rather than let their lawyers take the path of least resistance.

But thanks for keeping the discusion practical!
 
mygcwaiter100,

Let's backup a little:

1. When the LC was approved, there was no person in mind, legally speaking, even if it had someone's name on it. LC is approved for a position. That is why it is transferable.

2. The I-140 matches the person with the position. That is why your degree and experience letters are important at this stage, to prove that the particular person fits the requirements of the approved LC.

3. If the I-140 is approved, then an immigrant visa has been approved for the particular person. I-485 is now a formality, and the time for BCIS to collect biographical information, make sure again that the person was never out of status, is medically admissible, admissible under provisions of exclusion due to criminal activity, etc. and the same for family members.

NOTE that ALL THIS is with regard to the FUTURE employment.

The BCIS can get suspicious if the particular person is selling shoes in the meanwhile, and can ask all sorts of questions, but will not be able to make a legal case for denial.

But, as you say, theories are theories... but that is because government officials can and do abuse the law.

As I explained to pceefan, I am not suggesting one seek out trouble. Rather, this information is meant to tell people who are already in trouble that the water may not be as hot as they have been led up to believe. :)
 
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Niladri, true, the water may not be as hot as one believes. You have made a valid point in that ... not be able to make a legal case for denial.""

As you have pointed out if your 140 has been aprroved then 485 is a mere formality, unless you have voilated any of the items you have pointed out there is no case for denial. But tell me how many lawyers are prepared to fight this out

I know for sure murthy.com and her practice fights for us - immigrants, so maybe for all those who are in some kind of a problem take it to a great attorney, once u have yr 140 thee is very very little chance of your 485 getting rejected
 
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