GC being applied through previous employer

K

ksarin

New Member
Hello Folks -

I have labor and I-140 approved through a previous employer. I am working for a different company right now that is in the process of filing my labor. However, my previous employer is willing to file for my I-485 come October 1st.

Since filing for GC through the previous employer is going to be quicker, I am thinking of going that route. However, I have no plans of joining my previous employer after GC approval.

Do you guys think this is going to be an issue of any kind in the future?

Thanks for your help.
 
You might not be able to file the 485 in October. Or November or December. The dates will retrogress. How much, nobody knows. But retrogression is guaranteed unless you are in EB1. Now might be your only chance for the next 3 years.
 
Any issue would probably come up at the time of a citizenship application. A green card sponsorship is for future employment. So, it is cool to take advantage of the earlier employer's offer. Not joining that employer for reasons other than the employer having gone bankrupt, etc. may constitute grounds for fraud. If that is the determination at the time of applying for citizenship, as might be ascertained from employement history, it might constitute grounds for denial of citizenship application, revocation of GC, initiating of proceedings for indictment for perjury and subsequent deportation, after sentence for perjury has been served, if convicted.

I do not mean to scare you, but that is as bad as the scenario can get. Chances are, if you are never going to apply for citizenship, no one will find out, and even if they do, a good lawyer may have arguments for you.

Bottom line, I would say that if you do this, please seek legal opinion and representation before you file for citizenship, in case you are intending to at a later date.
 
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