Cp while in India

[malakpet]

Hi all,

My 140 has been approved. During filing 140 I opted for AOS, but now I want to go for CP.
My GC was filed by a company as a prospective employee..meaning..I have never worked for this company, but intend to when I get my green card.

I can file 824 now and wait for the CP interview at Chennai.

My problem now is..I need to go to India ASAP for personal reasons. I plan to file 824 and fly to India and wait there until I get called for interview.
I have no other option..can't return as I will have no H1.
I understand this process taked 9 months to 1 year: i.e: 824 approval+P3+Chennai interview
What kind of problems may I face during the CP interview?
There is a possibility that I may not be able to work while in India (does it matter?) due to maternity health reasons.
Will I be asked to produce any paystubs etc?

 

[bvganesh]

GC technically speaking *IS* for a future employement. So on that basis, I presume there shouldn't be any problem for applying for I-824 and staying in India for a while.

As for paystubs, it is good if you have it. But if you don't have that shouldn't be a big problem at all. (Actually only in few cases they ask for payslips as a proof of employement)

Hope this helps.

 

[cpDelhi]

Attaining LPR status

Getting a GC (Green Card) is nothing but attaining a LPR(Lawful Permanent Resident) status. LPR can be attained in many ways. Like GC through family based immigration, GC through Employment, GC through business, etc.

The first method in employment based immigration is that an individual can get GC while being in employment with a company. In the second method, a company or a prospective employer can also file for an individual who is not presently working for the company and the beneficary will start working after attaing LPR status in USA. These two are different twists to the employment based immigration.

Thanks.

 

[bvganesh]

Re: Attaining LPR status

Originally posted by cpDelhi
Getting a GC (Green Card) is nothing but attaining a LPR(Lawful Permanent Resident) status. LPR can be attained in many ways. Like GC through family based immigration, GC through Employment, GC through business, etc.

The first method in employment based immigration is that an individual can get GC while being in employment with a company. In the second method, a company or a prospective employer can also file for an individual who is not presently working for the company and the beneficary will start working after attaing LPR status in USA. These two are different twists to the employment based immigration.

Thanks.

CPDelhi,

You are right on the first count.

On the second count there is a subtle difference. When you get your GC through employment it is *ALWAYS* for a future employment. (whether you do it through AOS - I485 or thro CP). AOS (I-485) comes into picture if you are already in US (on any visa.. like H Visa, J visa, F Visa etc) then you 'adjust' your status to from Non immigrant status to LPR. (that's what we all are doing when we transit from H1-B)

In fact, if you ever leave your company after getting the GC (say within a year from the day you get your GC approval) techinically the company can file for voiding the GC. Worse still INS can choose to strip the GC on their own for not satisfying the "permanency clause". Usually 1 year after you get GC is a 'SAFE' period to switch jobs. (But mostly we ignore this on the fact that we have worked long enough for the company before we get the GC!!)

This the piece of info I have!!

 

[cpDelhi]

Don't have to work for a company to get GC

The point I was trying to make for an employment based immigration is that there are two scenarios.

Sceanrio 1: An individual is currently working for a company through which the individual gets a LPR status.
Scenario 2: An individual is currently not working for a company through which the individual gets a LPR status.

In both the cases, the individual has to work for the sponsoring company for a duration of time after he/she gets their LPR status.

Thanks.