complete info.
Guys, Lets not get rough here.
I had a $200 consultation with attorney murthy. According to her, it is safest to join the G . C employer if your 140 is approved and you have EAD. That will eliminate any room for fraud interpritation.
On the other hand, my company lawyer expressed the opossite view.
However, from attorney murthy perspective, she storngly advcates joining the G.C employer before approval to be on the safe side
http://www.murthy.com/chatlogs/ch032805_P.html
Chat User : Can one apply for the I-140 and I-485 without joining an employer? What are the pros and cons of it? Thanks for the great help for the community.
Attorney Murthy : By filing the I-140 and I-485 and having the GC processed from an employer, a person is attesting that s/he intends to work permanently for that employer and that the employer intends to offer a full-time, permanent position for that person. By failing to join the sponsoring employer, the U.S. Department of Labor and the USCIS may allege fraud or misrepresentation and cancel the entire GC process, even after it has been approved. The only possible exception may be AC21 portability, but even that is not clear if the parties can take advantage of that law if the parties did not intend to create an employer-employee relationship ever, as required by law.
http://www.murthy.com/chatlogs/ch042505_P.html
Chat User : Hello, Attorney Murthy. My green card was applied for in a future employment category. What is the time limit during which one has to quit the present job and join the prospective employer (GC sponsor) after approval? Is 2 weeks a safe limit?
Attorney Murthy : Generally, it is safest to join the employer when the I-485 has been pending for a while, and before an RFE is expected, so that one can submit two months of pay stubs with the GC-sponsoring employer if there is an RFE or if there is an interview.
http://www.murthy.com/chatlogs/ch040405_P.html
Chat User : If GC is filed for future employment one gets an RFE for I-485 asking for a current employment letter and pay stubs, what does current employer mean here?
Attorney Murthy : It means the current employer for which the person is working. Ultimately, since the only reason the U.S. government gives the person a GC is to work with a specific employer in a field deemed to have a shortage of U.S. workers, the employer and the employee need to establish good-faith intention to fulfill their obligations under law for the employment agreement on a full-time, permanent basis. So although a person can show work with a different employer, I tell people that the future GC finally becomes the present when it is time to obtain the I-485 approval.