I want to start this thread to consolidate issues and experiences relating to cases where the current employer is not the same as the sponsor throught the GC process. The INS knows this from the LC/140/485 filings.
The folowing is a concrete case.
My cousin is exactly in this situation. She is working for a consulting firm. The client sponsored GC and the agreement was she will join the client after GC is approved. After 485 filing , the client told her that the future job is no longer available. She is still with consulting firm though with a different client. She is waiting to see what happens. As per 485 SOP - interview waiver criteria, she will almost definitely get an interview. She is eager to know of any past experiences in a similar situation. Even the attorney is not sure ! - even advised her to find out from friends how such cases were handled and he will try to find out from the AILA. He did say AC21 applies if adjudication of 485 is after 180 days but ....
But the problem is she was told of the non-avaiability of the future job only after two months of filing the 485. If it had been after six months, the problem would have been much simpler - perhaps a straight forward case of AC21.
But if she tells INS that the future job was no longer available since 2 months of filing the 485 then she cannot have intent to work for the sponsor till the 180 point and AC21 will not apply.
.Another complication - she does not know if the sponsor has sent a letter of revocation for 140 - rumors are that they have. The company attorney will not tell anything.
But if she waits for the 180 point and thereafter invokes AC21, there is chance to save her GC.
She worked there for 3 years to build the software group but alas she is just an Indian - had to give way to some one else. The client even did not want to wait for 4 more months. The GC was apparently a bait for her to stay on and help build the software group. She has only 9 months left on her H1 - the client wasted her most precious 3 years ...
Another point - I don't think it is necessary to prove intent at the time of filing 485 and till the 180 point. The filing of 485 is itself a show of intent. Then, there would not have been any provision of GC cases where current employer not = sponsor throughout the GC process.
Also how do we use AC21 with the key words "485 pending".... this => the 180 day point is counted from the RD to the date on which INS actually adjudicates the case. That is how "less than 180 days" 485 cases survive. If such cases had to prove intent during the 180 day period then no chance these cases will survive.
I am curious to know what happens in the general case where current employer not = sponsor at the time of filing of LC/140/485? Do you know of any posting / site/thread ?
The folowing is a concrete case.
My cousin is exactly in this situation. She is working for a consulting firm. The client sponsored GC and the agreement was she will join the client after GC is approved. After 485 filing , the client told her that the future job is no longer available. She is still with consulting firm though with a different client. She is waiting to see what happens. As per 485 SOP - interview waiver criteria, she will almost definitely get an interview. She is eager to know of any past experiences in a similar situation. Even the attorney is not sure ! - even advised her to find out from friends how such cases were handled and he will try to find out from the AILA. He did say AC21 applies if adjudication of 485 is after 180 days but ....
But the problem is she was told of the non-avaiability of the future job only after two months of filing the 485. If it had been after six months, the problem would have been much simpler - perhaps a straight forward case of AC21.
But if she tells INS that the future job was no longer available since 2 months of filing the 485 then she cannot have intent to work for the sponsor till the 180 point and AC21 will not apply.
.Another complication - she does not know if the sponsor has sent a letter of revocation for 140 - rumors are that they have. The company attorney will not tell anything.
But if she waits for the 180 point and thereafter invokes AC21, there is chance to save her GC.
She worked there for 3 years to build the software group but alas she is just an Indian - had to give way to some one else. The client even did not want to wait for 4 more months. The GC was apparently a bait for her to stay on and help build the software group. She has only 9 months left on her H1 - the client wasted her most precious 3 years ...
Another point - I don't think it is necessary to prove intent at the time of filing 485 and till the 180 point. The filing of 485 is itself a show of intent. Then, there would not have been any provision of GC cases where current employer not = sponsor throughout the GC process.
Also how do we use AC21 with the key words "485 pending".... this => the 180 day point is counted from the RD to the date on which INS actually adjudicates the case. That is how "less than 180 days" 485 cases survive. If such cases had to prove intent during the 180 day period then no chance these cases will survive.
I am curious to know what happens in the general case where current employer not = sponsor at the time of filing of LC/140/485? Do you know of any posting / site/thread ?
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