GC from Future Employer

R

Reggie

Registered Users (C)
Hi,
I am working with company A for a long time. Company B has applied for my GC as prospective employer (Future employer). I have never worked for company B.

My I-485 is pending with VSC since May, 2002. B is not able to get me a project yet. What are my options? I know, that I can get GC from B while still working with A.

My question is, when I have to join B? Since I have completed more than 10 months after filing I-485, can I continue with A, even after getting GC? Can I use AC-21, if I get another offer from company C? :confused:

Any input/suggestions are highly appreciated?

Thanks
Reggie
:cool:
 
Reggie:

Now this is solely my opinion and don't get me wrong or think that I'm judging you. But I think it would be wrong to apply for your GC through Company B and never really work for them. This might create problems later if you decide to apply for citizenship. In the eyes of BCIS (INS) this would probably constitute a fraud. But I'm not INS nor an immigration attorney so it really doesn't matter. Just my 2 cents.
 
Mavishka,
Thanks for your reply.
Morally, I hated to post this. When the GC process started (in 2000), company B and I planned to join B as soon as I get my EAD. It took 2 years to get to I-485 stage and in the current market conditions, B is not able to find any project ( everybody knows how the IT job market is now).
The question is how soon I have to join B ( potentially with no salary)? Whether it is legal to be with A even after GC approval from B? What if, I lose job with A and a third company C is ready to hire me? :confused:
Hope all other members understand my postion and give their valuable opinion on this.
Thanks,
Reggie
 
Hi,

I am also exactly in the same situation. I am currently working for Company A in Maryland on H1B. I filed my GC with Company B in May 2001 when i was working with him. But after 4 months the labour is filed my contract is over with company B and i got job in Company A. But in November 2002 after my labour is approved Company B still supported me to file 485/I-140/EAD concurrent filing in December 2002. I got my I-140 approved, EAD and Finger Prints done with GC process of Company B. Do i need to join Company B now since i got EAD through them or can i join with them after GC is approved? What will happen if i join Company A after getting GC from company B using AC21? What will happen if i loose job in Company A too and then join company C? Can i join in Company C using AC21???

I desperately need the reply.
 
If 180 days has passed after 485 RD (INS has not been clear for concurrent I-140/I-1485 filing because concurrent filing came after AC-21) or before INS gets to adjudicate the case, one can invoke the AC-21 provision.

More than the actual action, the INS looks into the intent as to whether an applicant's actions were pre-meditated. The slow economy is a sure defense for an applicant.

Hope this helps.
 
Originally posted by Upstate_NY
If 180 days has passed after 485 RD (INS has not been clear for concurrent I-140/I-1485 filing because concurrent filing came after AC-21) or before INS gets to adjudicate the case, one can invoke the AC-21 provision.

More than the actual action, the INS looks into the intent as to whether an applicant's actions were pre-meditated. The slow economy is a sure defense for an applicant.

Hope this helps.
Click to expand...

Upstate_NY,
Your reply is encouraging. Wonderfulboy's case is little different. He worked for company B at least for some time. Whereas, I have never worked. Company B and I were desperately searching for a project since I got my EAD with B. Slow economy is the culprit.
However, do you think, in my case also, can I use AC-21 to continue with A?
Am I supposed to send any letters to BCIS suggesting my intent now? Or, is it wise to wait for the query. At any time, I can get a letter from B, stating that they would employ me after GC. In that case, is it better to use AC-21 (in case of query) or use the employment offer letter from the original sponsorer?
Any suggestions, are highly appreciated.
Thanks
Reggie
 
My suggestion is to wait for any RFE. You could get the GC approved w/o a RFE and so, why dig a hole and fall into it? Stay away from it to begin with.

If a RFE is generated, you would be asked to submit relevant documents.

Regarding where to work after GC, your intentions must be clear to the INS. If you are still intenting to join the GC-Sponsored company after GC approval, then provide that letter + current job letter. If you are desiring to stay with the current company, then only provide the current job letter (thus going the AC-21 route)

Hope this info helps. Check with a good lawyer too.
 
GC with Future employer

Upstate_NY,
Thanks for your reply. I sincerely appreciate your reply. It is very logical and helpful for those like, who are basically confused what to do?:)
 
Cud B Confuzing

Hello Guru z

My Details are below all of it. But the reason for me to bring in between is, I have a rather dramatically complicated situation.

I was on B1/B2 and was offered a substitution pre-approved labor cert by Company A. Like a blind got eyes I accepted it. Went through concurrent filling and got Ead cards for myself and my wife in Dec 2002. I started working for Company A on hourly basis @$8/hr as they say that thats what they can offer untill we get GC. Not to mention that This Company A belongs to a Desi and you know the rest. In return to the so called favour of offering me the Substitution Cert he wants me to bend as much as I can.

The twisted part is, I never got the idea that the labour approved, was having $46,000 / annum and he is actually paying me not even $20,000. Yet I have no choice but to pay TAX on $46,000 by almost taking nothing towards my home. Luckily my wife work on cash source and some how we are managing. But we can not practically survive for a possible further year. I485 ND Oct 30,2002. ( April 30 will be 181 days ).

I am in a real bad situation and can bot see if anything is possible at this time. Throwing a blind call. If any one could suggest me something. Shall be highy thankful.
 
Why do you have to pay tax on 46k ? U need to pay tax on what you earn.

Are you on W2 ?

$8 is below the min wage ...

Possibly look for another job ...
 
my case may give some clues

Hi All,

Let me explain my case. I am not too sure how this helps.

My case details.

Applied Labor through company A
Joined company B by the time I485 is applied (clearly mentioned in 485 filing)
Currently working with company B
RFE received for current employement letter and pay stubs for 3 months.
In response to RFE offer letter from company A, employement letter from company B and latest pay stubs are submitted. No mention of AC21 what so ever in response. The cover letter says in response to your Query the following documents are submitted. etc.....

I was not sure given the economic conditions what i should do. So according to my lawyers advice i have provided above metnioned documents. I am not sure what would be my future course of action. I would probably contact good lawyer like rajeev and take there advice.

Though it was painful silence at last they approved my case.

I485 applied in Aug 2001
RFE in sep 2002
Approved on Mar 5, 2003
My wife case is not yet approved so far.
 
Re: Cud B Confuzing

Originally posted by Cheekoo
Hello Guru z

My Details are below all of it. But the reason for me to bring in between is, I have a rather dramatically complicated situation.

I was on B1/B2 and was offered a substitution pre-approved labor cert by Company A. Like a blind got eyes I accepted it. Went through concurrent filling and got Ead cards for myself and my wife in Dec 2002. I started working for Company A on hourly basis @$8/hr as they say that thats what they can offer untill we get GC. Not to mention that This Company A belongs to a Desi and you know the rest. In return to the so called favour of offering me the Substitution Cert he wants me to bend as much as I can.

The twisted part is, I never got the idea that the labour approved, was having $46,000 / annum and he is actually paying me not even $20,000. Yet I have no choice but to pay TAX on $46,000 by almost taking nothing towards my home. Luckily my wife work on cash source and some how we are managing. But we can not practically survive for a possible further year. I485 ND Oct 30,2002. ( April 30 will be 181 days ).

I am in a real bad situation and can bot see if anything is possible at this time. Throwing a blind call. If any one could suggest me something. Shall be highy thankful.
Click to expand...

It is clearly exploiting. Now , you have to play safe. Try to get the copy of LC approval. AC21 wants you to have a job in the similar job category. Try getting a job and saybye to this guy.
I have heard about the people collecting the taxes on the salary shown in LCA and not paying the full amount. It is illegal.
Teach the company a lesson by saying bye and getting a job else where. Make sure that your next employer gives a letter saying that you are working in a similar job as mentioned in LCA.
Better approach a good attorney as well.
 
Thanx for your responce friendz and sp. Reggie

This what I also thought of. Now after April 31st, i will look out for a better job.. or a better understanding for a possible future employer.

The problem is, the employer play ultra safe, and the threat is always there for him to create trouble .. but I am sure after 180 days I can make a move. What exactly do I need from the NEW employer to have my paper work go smooth. will merely the pay stubbs will do it ?

simply what are the steps I should take to move on, in case i find a new employer ?
 
Clarify the doubt for my question

Hi Reggie and other friends,

As i explained my case to you all i filed my labour with company A in May 2001 but in August 2001 after completing contract with them i joined a full time job in Company B (MD). I am currently working for Company B. Mean while in November 2002 my Labour with Company A is approved and i filed for 485/I-140/EAD through Company A in December 2002. I got my EAD , 140 and AP approved in Feb 2002. Finger Prints done also. Just waiting for the final approval. Do i need to immediately join Company A? Is it legal to continue 485 process with Company A at all? When exactly do i need to work with Company A? What if i join Company B or Company C using AC21 after 180 days of 485 applying. Already i completed 90+ days.

Is it ok to get a break for job in between 485 approval? Do we need to have pay stubs for every month? What if we join in a different platform or for low salary than mentioned in job letter for GC? I heard that there is no problem even if people work in non-it related jobs also in between final approval is it correct?

Please give me a correct and clear response.
 
Re: Clarify the doubt for my question

Originally posted by wonderfulboy
Hi Reggie and other friends,

As i explained my case to you all i filed my labour with company A in May 2001 but in August 2001 after completing contract with them i joined a full time job in Company B (MD). I am currently working for Company B. Mean while in November 2002 my Labour with Company A is approved and i filed for 485/I-140/EAD through Company A in December 2002. I got my EAD , 140 and AP approved in Feb 2002. Finger Prints done also. Just waiting for the final approval. Do i need to immediately join Company A? Is it legal to continue 485 process with Company A at all? When exactly do i need to work with Company A? What if i join Company B or Company C using AC21 after 180 days of 485 applying. Already i completed 90+ days.

Is it ok to get a break for job in between 485 approval? Do we need to have pay stubs for every month? What if we join in a different platform or for low salary than mentioned in job letter for GC? I heard that there is no problem even if people work in non-it related jobs also in between final approval is it correct?

Please give me a correct and clear response.
Click to expand...

Wonderfulboy,
Your case is little different from mine. I have been working with company A as a permanent employee. Due to some uncertainities, I had to apply my GC with B. I am still with A. I am in I485 stage.
I have completed 10 months in I485 stage. B is not bale to show project yet. (Everybody knows how the job market is?)
In this forum, I hear that I can use AC21 and continue working with A. SOme friends suggested to inform INS/BCIS only in case of query.
I keep my fingures crossed and waiting to see what happens.
WOnderfulboy and other friends,
Please share your thoughts and information you gathered on this matter. It would help many in similar situation.
As far as I am concerned, I am ready to join B, if they show a suitable project.
 
Reggie,

The reason i was confused is because lot of my friends scared me when filing 485 that it is not valid to continue with 485 process if i am not working with the sponsoring employer. But my attorney Rajiv Khanna said personally that it is not at all a problem you can continue the process but make sure that i have to work with the sponsoring employer after GC is approved. But now my question is if suppose i dont want to work with sponsoring employer and if my current job is cool can i use AC21 to continue with a good employer with almost similar skills and same range of salary???

My current job is very shaky because i am in telecom. Telecom sucks right now. if at all i get a gap before getting another job will INS reject 485 because i have gap without job in between 485?? What if they ask the pay stubs during that time?? I want reply to this answer.
 
Wonderfulboy,

We both are same situation as far as current employment is concerned. I think my current job is more stable than the sponsoring employer's job (if at all they could find one).

I have questioned one attorney on his web site, he replied that
"You are required to join the sponsoring employer after the approval. However, it is not mandatory". These are exact words he typed in his reply email.

Since, it is quite possible that you may not join (possibly me too) the sponsoring employer in the near future, we need to explore different pros and cons. Can you get in touch with Mr. Khanna and explain him your situation in the current scenario?

Let us share the information gathered.

Friends with similar experience and with more legal knowledge on BCIS matters, help us and give your suggestions, please
 
Originally posted by wonderfulboy
Reggie,

The reason i was confused is because lot of my friends scared me when filing 485 that it is not valid to continue with 485 process if i am not working with the sponsoring employer. But my attorney Rajiv Khanna said personally that it is not at all a problem you can continue the process but make sure that i have to work with the sponsoring employer after GC is approved. But now my question is if suppose i dont want to work with sponsoring employer and if my current job is cool can i use AC21 to continue with a good employer with almost similar skills and same range of salary???

My current job is very shaky because i am in telecom. Telecom sucks right now. if at all i get a gap before getting another job will INS reject 485 because i have gap without job in between 485?? What if they ask the pay stubs during that time?? I want reply to this answer.
Click to expand...

Hi Guys .. I am a future co-traveller in the same ship ,, ;)

I guess there is a lil confusion with Mr Khannaa's statement ....

Q. 1. What is the use of AC21 if someone HAS to work for the sponsoring employer ??? at all.

Q. 2. Does using AC21 means any approvals/peper work or merely change of Job+employer.

Q. 3. In case of change of employer and ( using AC21 ), is it true that the only time we will be required to show pepers will be at the time of stamping and they will ask for Pay Stubs from the second employer ?

Q. 4. In the event that Q3 has the answer 'yes', will it be required to present the proof of Tax Payments/returns. cause pay stubs can be obtained with a lil extra understanding with a company ... ( too optimistic ).

Q. 5. How severe an impact this wud have on our GC if we do not work with Sponsoring Employer.

too many questions at this time .. its juts that these issues pop up .. yes they do..

Now .. your 2 cents are requested .. :)
 
Last edited by a moderator:
Originally posted by Cheekoo
Hi Guys .. I am a future co-traveller in the same ship ,, ;)

I guess there is a lil confusion with Mr Khannaa's statement ....

Q. 1. What is the use of AC21 if someone HAS to work for the sponsoring employer ??? at all.

Q. 2. Does using AC21 means any approvals/peper work or merely change of Job+employer.

Q. 3. In case of change of employer and ( using AC21 ), is it true that the only time we will be required to show pepers will be at the time of stamping and they will ask for Pay Stubs from the second employer ?

Q. 4. In the event that Q3 has the answer 'yes', will it be required to present the proof of Tax Payments/returns. cause pay stubs can be obtained with a lil extra understanding with a company ... ( too optimistic ).

Q. 5. How severe an impact this wud have on our GC if we do not work with Sponsoring Employer.

too many questions at this time .. its juts that these issues pop up .. yes they do..

Now .. your 2 cents are requested .. :)
Click to expand...

Cheekoo,

By reading this thread, you would have understood that there is a difference between your case and my case and wonderfulboy's case.

(1) I am still working with "A" and applied GC through "B". Intend to work with "B" (if they could show a suitable project).

(2) Wonderfulboy started working for "A" and joined "B" later. Still continuing GC process through "A". His case is also a kind of similar to my case, as he is technically is supposed to join "A" after the approval.

(3) You are with "A". He is processing your GC. You are waiting for completion of 180 days, in order to use AC21. Well, many people used AC21 and got their GC. Your case will be a straight AC21 case, in case you take another employment.

There were people who have not informed INS/BCIS till they were asked about the employment letter. When asked they have submitted a letter and pay stubs from new employer. I have noticed some posts, where the guys have submitted the information even before the RFE.

I am not an attorney to suggest you any course of action. You can consult an attorney and choose the best that suits you the best.

Hopefully, this information would help you. Let me know, if I could help any more
 
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