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GC from Future Employer
- Thread starter Reggie
- Start date
wonderfulboy
Registered Users (C)
Reggie,
I didn't receive any thing new. I have to find out with Rajiv Khanna who is the attorney filing my GC. Also the concern is this. As I am working with Company "B" right now which is also very shaky. There are huge layoffs in January. I am telecom and embedded software developer using technologies C, C++, Protocol Development (ATM, Frame Relay, MPLS, RSVP, SS7, LMP etc.), Device Driver, Firmware Development using VxWorks, Linux, pSOS+ etc. Having 6 + years of experience. My if they layoff any time they will give 3 months compensation and paystubs. So for example if Company B lay me off in April they will give paystubs till July 2003. But in the current situation i am thinking it may take up to March 2004 for my 485 approval. My RD is Dec 4th 2002. So if there is a gap between July 2003 - March 2004 will there be any issue of 485 approval?? Can i work in any other platform other than the platform which i supposed to work for Company A who sponsored my GC?? What if i work in Non-IT during this period???
Reggie and others can you give the feedback???
I didn't receive any thing new. I have to find out with Rajiv Khanna who is the attorney filing my GC. Also the concern is this. As I am working with Company "B" right now which is also very shaky. There are huge layoffs in January. I am telecom and embedded software developer using technologies C, C++, Protocol Development (ATM, Frame Relay, MPLS, RSVP, SS7, LMP etc.), Device Driver, Firmware Development using VxWorks, Linux, pSOS+ etc. Having 6 + years of experience. My if they layoff any time they will give 3 months compensation and paystubs. So for example if Company B lay me off in April they will give paystubs till July 2003. But in the current situation i am thinking it may take up to March 2004 for my 485 approval. My RD is Dec 4th 2002. So if there is a gap between July 2003 - March 2004 will there be any issue of 485 approval?? Can i work in any other platform other than the platform which i supposed to work for Company A who sponsored my GC?? What if i work in Non-IT during this period???
Reggie and others can you give the feedback???
Gc through Future Employer
Wonderfulboy,
The jobs are shaky for everybody. Now with the possibility of war with Irag, the situation might be worser than now.
Well, BCIS may not ask the details of the platforms on which you will be working (thinkin that you will be in different platform then). AC21 portability says that you shall work in a simillar job, not the same kind of job specifications (word to word as specified in LCA).
SO preferabley, it is better to work in IT field atleast till GC approval.
Even otherwise also, as long as you could defend, it should be OK for BCIS wherever you are working.
This is strictly my personal opinion and not an expert advice. I am not an attorney to advise. I am also another GC applicant caught in a similar situation like you.
All the friends,
Let us help each other by sharing their analysis / thoughts to help each other. That's the purpose of this portal, I strongly believe.
Wonderfulboy,
The jobs are shaky for everybody. Now with the possibility of war with Irag, the situation might be worser than now.
Well, BCIS may not ask the details of the platforms on which you will be working (thinkin that you will be in different platform then). AC21 portability says that you shall work in a simillar job, not the same kind of job specifications (word to word as specified in LCA).
SO preferabley, it is better to work in IT field atleast till GC approval.
Even otherwise also, as long as you could defend, it should be OK for BCIS wherever you are working.
This is strictly my personal opinion and not an expert advice. I am not an attorney to advise. I am also another GC applicant caught in a similar situation like you.
All the friends,
Let us help each other by sharing their analysis / thoughts to help each other. That's the purpose of this portal, I strongly believe.
hey Guys
Sorry for delayed response, was away.
Reggie : As I understand it Reggie, you are very much safe here with copany A. AC21 can be easily applicable to you as you are working ( after 180 have passed ) in a simmilar capacity / job with company A. All you wud need is a letter of appointment and atleast 3 pay stubs which you should be able to attain.
I wonder why Mr. Khanaa told you that in case of your GC approval you have to work with your sponsoring employer. As I have been understanding through this forum, the use of AC21 after 180 days gives you a chance to SWITCH employer and your GC process continues with no problem. You new employer is your implied sponsor ( hai naa )
On the other hand, once your GC is approved, its advised to stay with that employer for atleast 6 months in order to avoid any intentions of a FRAUD by you , in case the authorities try to find them when you attempt to get the actual card.
And if this is not how AC21 is used, what good cud it be for ?
Now My case: with the similar understanding, I am looking forward to have my 180 days over. and I have already made arrangements with Company B to hire me after 180 days with company A. Thats how I am going to do it. I have plans to join Company B and continue working there. If my lawyer advises me to inform INS I will ( which I seriously doubt ) other wise, at the time of stamping, I wil take letter from company B and pay stubs/income tax papers to support my case.
watta say you guys ?
Sorry for delayed response, was away.
Reggie : As I understand it Reggie, you are very much safe here with copany A. AC21 can be easily applicable to you as you are working ( after 180 have passed ) in a simmilar capacity / job with company A. All you wud need is a letter of appointment and atleast 3 pay stubs which you should be able to attain.
I wonder why Mr. Khanaa told you that in case of your GC approval you have to work with your sponsoring employer. As I have been understanding through this forum, the use of AC21 after 180 days gives you a chance to SWITCH employer and your GC process continues with no problem. You new employer is your implied sponsor ( hai naa )
On the other hand, once your GC is approved, its advised to stay with that employer for atleast 6 months in order to avoid any intentions of a FRAUD by you , in case the authorities try to find them when you attempt to get the actual card.
And if this is not how AC21 is used, what good cud it be for ?
Now My case: with the similar understanding, I am looking forward to have my 180 days over. and I have already made arrangements with Company B to hire me after 180 days with company A. Thats how I am going to do it. I have plans to join Company B and continue working there. If my lawyer advises me to inform INS I will ( which I seriously doubt ) other wise, at the time of stamping, I wil take letter from company B and pay stubs/income tax papers to support my case.
watta say you guys ?
Cheekoo:
Many friends are advising not to tell INS/BCIS about change of job and that you are using AC-21 , unless they ask you. In case of RFE, any way we need to provide this information to them.
Regarding showing Paystubs and Employment letter at the time of stamping, I have not heard it from any body. Only in the case of interview, we need to take all the supporting documentation. Otherwise, it is not required. This is the information, I have gathered from those who completed stamping. You might check up this again and make sure.
Thanks
Many friends are advising not to tell INS/BCIS about change of job and that you are using AC-21 , unless they ask you. In case of RFE, any way we need to provide this information to them.
Regarding showing Paystubs and Employment letter at the time of stamping, I have not heard it from any body. Only in the case of interview, we need to take all the supporting documentation. Otherwise, it is not required. This is the information, I have gathered from those who completed stamping. You might check up this again and make sure.
Thanks
Cheekoo:
Many friends are advising not to tell INS/BCIS about change of job and that you are using AC-21 , unless they ask you. In case of RFE, any way we need to provide this information to them.
Regarding showing Paystubs and Employment letter at the time of stamping, I have not heard it from any body. Only in the case of interview, we need to take all the supporting documentation. Otherwise, it is not required. This is the information, I have gathered from those who completed stamping. You might check up this again and make sure.
Thanks
Many friends are advising not to tell INS/BCIS about change of job and that you are using AC-21 , unless they ask you. In case of RFE, any way we need to provide this information to them.
Regarding showing Paystubs and Employment letter at the time of stamping, I have not heard it from any body. Only in the case of interview, we need to take all the supporting documentation. Otherwise, it is not required. This is the information, I have gathered from those who completed stamping. You might check up this again and make sure.
Thanks
Iam in the same boat
hey Guys,
Iam in the same boat.
I did a lot of research into GC for future job. It looks like most of these cases will get a RFE. One has to convince the officer that he/she has a real intention to work for the sponsor. The safe bet is to join the sponsor just before the RFE comes (i.e., when the case comes close). If not, find ways to convice the officer that you will be surely joining the sponsor.
hey Guys,
Iam in the same boat.
I did a lot of research into GC for future job. It looks like most of these cases will get a RFE. One has to convince the officer that he/she has a real intention to work for the sponsor. The safe bet is to join the sponsor just before the RFE comes (i.e., when the case comes close). If not, find ways to convice the officer that you will be surely joining the sponsor.
Phildis,
If you ask me, my intention is very clear. I still want to join my sponsoring employer. The only problem is in the current market conditions, particularly in IT, we are not getting any projects.
So, the whole discussion is how to reply the RFE (if any). More important question is waht would be the legal status, if we had to join a 3rd company (in the event of losing the current job also).
If you ask me, my intention is very clear. I still want to join my sponsoring employer. The only problem is in the current market conditions, particularly in IT, we are not getting any projects.
So, the whole discussion is how to reply the RFE (if any). More important question is waht would be the legal status, if we had to join a 3rd company (in the event of losing the current job also).
To reply the RFE ask your attorney. Usually if the company is good and you have a letter from that company that you still have a job, that should be enough (this is what I heard). Also believe yourself that you will join the sponsor while you reply to the RFE or while facing the interview. Make every effort to be true to INS.
You can very well join a 3rd company using your EAD.
Jim , who is an expert and answers with clarity (he replies to most of the questions in this forum), may be able to answer more correctly.
You can very well join a 3rd company using your EAD.
Jim , who is an expert and answers with clarity (he replies to most of the questions in this forum), may be able to answer more correctly.
Guys
My Understanding is, for concurrent fillers.
AC21 .. is generated for the purpose of providing a green card applicant a corner of security in case. he needs to change employers after 180 days of pending I485 or in case he looses that job. So that the GC process should still go ahead with the new employer. Provided certain conditions are met. Such as payscale close previous job and same / simmilar job role.
One can only get the benfits of AC21 IF he meets the following two conditions;
1, I-485 has been pending for 180 days or more
2, I-140 is approved
Both the above criterias should meet for us to be in a secured position.
At the time AC21 was passed, it used to be a requirement of approval of I-140, that alone used to take a long time to be approved + 180 days after I485 filling.
* I485 is OUR own application.and the employer can not withdraw it. Everything depends upon i140 which is employer's application. but most likely for concurrent fillers, I140 is getting approved whtin a reasonable time. Thus condition #2 is met. Just wait for Condition #1 to meet and AC21 is applicable.
* AC21 does not say that a notification to INS is required.
* Only if RFE comes, then it asks for , Tax Return, Employment letter and pay stubbs.
* It should be ok to inform INS at that point about the new employment offer.
* Do not send such information to INS on your own and without RFE, cause it will not neccesarily get accounted for. Only when RFE is sent to you, the information is collected by INS goes into the right file which MATCHES the bar code that RFE has. If you inform INS on your own, it will not get attention + you would have to inform them again eventually when / in case they issue RFE .. save energy ...
So friendz .. Future job can rest after 180 days of I485 pending and i have read cases where people changed jobs and nothing happend the only thing happened was RFE and I have explained above what EXACTLY INS ask you to provide to them ...
My Understanding is, for concurrent fillers.
AC21 .. is generated for the purpose of providing a green card applicant a corner of security in case. he needs to change employers after 180 days of pending I485 or in case he looses that job. So that the GC process should still go ahead with the new employer. Provided certain conditions are met. Such as payscale close previous job and same / simmilar job role.
One can only get the benfits of AC21 IF he meets the following two conditions;
1, I-485 has been pending for 180 days or more
2, I-140 is approved
Both the above criterias should meet for us to be in a secured position.
At the time AC21 was passed, it used to be a requirement of approval of I-140, that alone used to take a long time to be approved + 180 days after I485 filling.
* I485 is OUR own application.and the employer can not withdraw it. Everything depends upon i140 which is employer's application. but most likely for concurrent fillers, I140 is getting approved whtin a reasonable time. Thus condition #2 is met. Just wait for Condition #1 to meet and AC21 is applicable.
* AC21 does not say that a notification to INS is required.
* Only if RFE comes, then it asks for , Tax Return, Employment letter and pay stubbs.
* It should be ok to inform INS at that point about the new employment offer.
* Do not send such information to INS on your own and without RFE, cause it will not neccesarily get accounted for. Only when RFE is sent to you, the information is collected by INS goes into the right file which MATCHES the bar code that RFE has. If you inform INS on your own, it will not get attention + you would have to inform them again eventually when / in case they issue RFE .. save energy ...
So friendz .. Future job can rest after 180 days of I485 pending and i have read cases where people changed jobs and nothing happend the only thing happened was RFE and I have explained above what EXACTLY INS ask you to provide to them ...
Last edited by a moderator:
Cheekoo,
Thanks for your reply. It is very encouraging. In the present economic scenario, we need to have some comforting rules. It used to be very bad, if any body loses job just before his I-485 approved, in case of RFE, he had no option than start it once again with new company.
AC21, has helped the people a lot.
ANy body, who has some information about these type of cases (AC21 while applying through future employment,) may please share it with the forum please.
Thanks for your reply. It is very encouraging. In the present economic scenario, we need to have some comforting rules. It used to be very bad, if any body loses job just before his I-485 approved, in case of RFE, he had no option than start it once again with new company.
AC21, has helped the people a lot.
ANy body, who has some information about these type of cases (AC21 while applying through future employment,) may please share it with the forum please.
Hi Wondefulboy
My case is same as yours and i am still working with company B and i got my 485 approved through company A.
I had a query for pay stubs and current employement letter. I have stated that i am workig with company B at the time of filing 485. I submitted papers from both company A and B with paystubs from company B.
Coming to the course of action after approval. I am not too sure.
Hope this helps.
My case is same as yours and i am still working with company B and i got my 485 approved through company A.
I had a query for pay stubs and current employement letter. I have stated that i am workig with company B at the time of filing 485. I submitted papers from both company A and B with paystubs from company B.
Coming to the course of action after approval. I am not too sure.
Hope this helps.
1amShantanuB2
New Member
?
wonderfulboy
Registered Users (C)
Shri,
Thats a good news. Its very much encouraging to me that in future i might get approved in a similar situation. I am working with Company B. But the latest development is that the company B to which i am working for during filing 485 is completing by end of June,2003. I am in the process of finding another opportuntiy. They are interested to file my H1 transfer though i have EAD. I am interested to use EAD because i have 2 1/2 years of my H1 period left over. Once i start using my EAD i cannot revert back to H1 visa if i have any problem with my GC process.
So the question is will it be a problem if i join Company C now? Company A is still processing GC. I am in good terms with them. I am completing 6 months period by June 4th.
For example i want to use AC21 and change my GC process to Company C after june 4th do i need to take approval from Company A (Sponsoring Employer)?? Do they need to sign documents etc??
Expecting a reply. It would be a great help.
Thats a good news. Its very much encouraging to me that in future i might get approved in a similar situation. I am working with Company B. But the latest development is that the company B to which i am working for during filing 485 is completing by end of June,2003. I am in the process of finding another opportuntiy. They are interested to file my H1 transfer though i have EAD. I am interested to use EAD because i have 2 1/2 years of my H1 period left over. Once i start using my EAD i cannot revert back to H1 visa if i have any problem with my GC process.
So the question is will it be a problem if i join Company C now? Company A is still processing GC. I am in good terms with them. I am completing 6 months period by June 4th.
For example i want to use AC21 and change my GC process to Company C after june 4th do i need to take approval from Company A (Sponsoring Employer)?? Do they need to sign documents etc??
Expecting a reply. It would be a great help.
My case is also same
Hi All,
I was working for company 'A' when I applied for my labour and 140. But before I could apply for 485, I had to take permanent offer at client because of bad market conditions. So, after joining the client, I applied for my 485 thru my old company itself since they said they would support my case. I find my case very unique and don't know what precautions I need to take. My lawyer is so dumb , he always says there won't be any problem without explaining me about the nitty gritties. Do you guys foresee any problem in my case. If so, what can I do to prevent them. Some people say that INS may ask for paystubs, W2 etc. If so, is it okay if I show the present company's paystubs. Thanks in advance for your suggestions.
Hi All,
I was working for company 'A' when I applied for my labour and 140. But before I could apply for 485, I had to take permanent offer at client because of bad market conditions. So, after joining the client, I applied for my 485 thru my old company itself since they said they would support my case. I find my case very unique and don't know what precautions I need to take. My lawyer is so dumb , he always says there won't be any problem without explaining me about the nitty gritties. Do you guys foresee any problem in my case. If so, what can I do to prevent them. Some people say that INS may ask for paystubs, W2 etc. If so, is it okay if I show the present company's paystubs. Thanks in advance for your suggestions.
Iam also in the same situation
Guys-
Iam also in the same situation. I applied labor thru company A, then joined B when I-140 was pending. Applied I-485 with company A. I have consulted close to 6 attorney's now and the overwhelming majority say that my case should be approved without a problem. One laywer said i have a 80% chance of getting my green card. I think all you need is a stable job(in the recent past and also guaranteed to be available for the near future). my RD is april 3 2002. I will keep you guys posted of my status.
Guys-
Iam also in the same situation. I applied labor thru company A, then joined B when I-140 was pending. Applied I-485 with company A. I have consulted close to 6 attorney's now and the overwhelming majority say that my case should be approved without a problem. One laywer said i have a 80% chance of getting my green card. I think all you need is a stable job(in the recent past and also guaranteed to be available for the near future). my RD is april 3 2002. I will keep you guys posted of my status.
Future job
This is the mail from the attorney
"Yes you still qualify for AC21. At this point there is very little to be done. At some point soon, BCIS will request a letter from YOUR CURRENT EMPLOYER stating duties, remuneration and outlook for continued employment plus some combination of past tax returns and W'2 (to evidence that you are not a public charge, NOT to determine if you ever worked for "your old company"), and a few months of paystubs.
The entire labor certification (or employment based) process leading to permanent resident status is based upon a future job, and whether or not you ever worked for the petitioner is irrelevant. So, don't worry and you should be fine."
This is the mail from the attorney
"Yes you still qualify for AC21. At this point there is very little to be done. At some point soon, BCIS will request a letter from YOUR CURRENT EMPLOYER stating duties, remuneration and outlook for continued employment plus some combination of past tax returns and W'2 (to evidence that you are not a public charge, NOT to determine if you ever worked for "your old company"), and a few months of paystubs.
The entire labor certification (or employment based) process leading to permanent resident status is based upon a future job, and whether or not you ever worked for the petitioner is irrelevant. So, don't worry and you should be fine."