Future Employment - too good to be true !!!

S

sun06

Registered Users (C)
For all those who have filed under the "Future employment", if this
is true, it is too good to be true.

Check out this gov. circular:
http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

<quote>
In all cases an offer of employment must
have been bona fide, and the employer must have had the intent, at the time the Form I-140 was
approved, to employ the beneficiary upon adjustment. It should be noted that there is no
requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the
underlying employment until permanent residence is authorized. Therefore, it is possible for an
alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed
by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
</quote>

Am i just wishing it or is it really true that what this 'official' document says is that "no requirement that a benificiary of a Form i-140 actually be in the underlying employement utill permenent residence is authorized".

Sooooooo , tell me if i having being Nightmare for nothing ( i am in "future employement") ; with my Lawyer telling me doom and gloom stories for not having joined my sponsoring employer after getting my EAD(12 months ago!).

Look, i know there are a number of guys that are in the same "future employement" boat as me. How about we form a sort of sub-group that tackles our concerns and thoughts????
 
sun06,

Nightmare for Nothing is correct.
You could be in your home country for all that the law cares!
A change of attorney may be considered, I think!
 
Originally posted by sun06
Sooooooo , tell me if i having being Nightmare for nothing ( i am in "future employement") ; with my Lawyer telling me doom and gloom stories for not having joined my sponsoring employer after getting my EAD(12 months ago!).
Click to expand...

One thing you need to keep in mind is that in this time of hightened security, INS does keep track of cases with future employment, since they are aware of all the fraud cases that fall under this umbrella, so in case they check up on you after you receive your GC, you will need to be employed with the sponsorship company for atleast 6 months to ensure that this is not a case of immigration fraud.

Your lawyer who prescribes a daily dose of doom and gloom, might be taking it too far, but I guess he is just being very safe. It will greatly help your cause if you actually join the sponsoring company before your get your RFE, in which case, it will act as a very firm commitment by your sponsoring company to hire you.
 
Excuse me for my lack of knowledge. Wha t is "future employment"? Does EB cases fall under that ? How do I know if mine is "future employment"?

And Sun06, I also donot understand what you quoted. Isn't AC21 already there for all EB 485s ? Are you saying you don't have to work at all? Please clarify. Thanks.
 
mango_pickle,

Technically ALL employment based GC is for 'future' employment. That is why your sponsor's letter will say that they will employ you in a particular position once your GC is approved.

There is no requirement in law that you must be working for the sponsoring employer at the time of filing your I-140 or I-485... you could be doing this sitting in your home country. Similarly you could be in the USA on H1 with one employer, but a future employer may be sponsoring your GC.

Extending this, you may be employed with (or waiting, sponsored for future employement by) one employer, and transfer the sponsorship, using AC21, to a second employer and either:
(a) join the second employer immediately, or
(b) not join till your GC is approved (wait for future employment).

So you could end up working for neither sponsor till your GC is approved, and then work for the second sponsor after approval of GC.

AC21 is available to all EB GC filers, after the 180 day expiration and occupational classification restrictions, irrespective of whether you are working for the employer(s) or awaiting future employment.

In an interesting twist it may be argued that if you lose your job with the first employer after 180 days, and then use AC21 to switch to a different sposnsor, but not join the sponsor till you get your approval, you are in legal status, because as far as I know, the law does not provide for continuous employment as a condition for approval. It is better not to become a public charge, though!

[EDITED LATER FOR CLARITY - niladri30]
 
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niladri30:
Technically ALL employment based GC is for 'future' employment. That is why your sponsor's letter will say that they will employ you in a particular position once your GC is approved............

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Very well explained! Keep up the Good work!
:) :) :)
 
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