GC Processing

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wonderfulboy

Registered Users (C)
Hi Friends,


I need a clarification. Correct me if i am wrong, Green Card is for future Employment. There are different ways people do apply for GC.

1) The employer whom they are working for will be the Sponsoring Employer. They will be working with Sponsoring Employer from start of filing GC till the end of the approval. This is a very fair case.

2) People work with employer till 485 filed and completed 6 or more than 6 months and do portability to another employer and get the GC from new sponsoring employer. This is also not a problem according to my opinion.

3) People work with an employer during the filing of labour or in any intermediate state of the GC Process and after that with another employers and they start working with the sponsoring employer after getting approval. What are the chances of Risk here?

4) People don't work with sponsoring employer at all till they get the GC approval and then start working after getting the approval as part of future employment. What is the Risk involved in this?

Add to me if there are any other combinations involved in GC processing. How many of the above processes are legal.

Thanks
Wonderfulboy
 
Everyone is busy in waiting for their approval. . .
BTW, why do you want to do this now, in a coupe of days it will go down and so one is interested.
:p :cool: ;) :)
 
1) true
2)true
3) Fraud I think. Cuz once you "stop" working LC is invalid.
4) Definite Immi Fraud. Risk for both employee and employer! I dont even know how this will be possible!
 
Why would 3rd point is a problem?

Suppose employee started GC processing i.e. Labour from a state with Employer A and after few months he completed the contract/job with Employer A and then joined a job with Employer B in different state but Employer A who initiated the sponsoring still didn't drop his petition for labour and get the labour approved. And then the employee who is working with Employer B applied for 485/I-140/EAD through sponsoring Employer A though he is working for Employer B (future Employment) and get EAD/I-140/FP approved and waiting for 485 to be approved so that the employee can start working with Employer A (sponsoring employer).

Is it not valid?? Because i have so many friends who are doing in this scenario.

Thanks
Wonderfulboy
 
Even 4th point i am not sure why it would be illegal, risk to employee and employer.

A person initiated the GC with an employer A (sponsoring employer) though he is not working with him at all for future employment. Mean while he is working with different employers on H1 visa and maintained his status very well without any gaps or illegal status. Finally when he get the GC approval he will immediately join the Employer A who sponsored the person for future employment.

Thanks
Wonderfulboy
 
Originally posted by patienceGC
3) Fraud I think. Cuz once you "stop" working LC is invalid.
4) Definite Immi Fraud. Risk for both employee and employer! I dont even know how this will be possible!
Click to expand...

3 is incorrect, as is 4. wonderfulboy seems to have a good grasp of things.
 
RealCanadian!!!

I am confused, are you supporting my 3rd and 4th points or you are saying my opinion is wrong on them?

Wonderfulboy
 
Originally posted by wonderfulboy
RealCanadian!!!

I am confused, are you supporting my 3rd and 4th points or you are saying my opinion is wrong on them?

Wonderfulboy
Click to expand...

He is saying your opinion is correct.
 
Can every one share their thoughts on these points please. IT will be a helpful resource for people who apply for GC in future.

Thanks
Wonderfulboy
 
Wonderfulboy,

Your points are valid. It would be fraudulent only if the employee doesnt work for sponsoring employer after getting GC. There might be exceptions too which are beyond the control of the employee.
 
For 3rd and 4th, INS can raise a valid query/reason saying that if the employer cannot employ the person (whom they are issuing the GC) currently, how can they employ that person in the future?
 
Hi Frantic,

During filing the 485 application, the sponsoring employer will give a employment letter stating that the person X will be future employee after his GC is approved. This employment letter of support is mandatory as part of applying 485 application.

Correct me if iam not wrong.

Thanks
Wonderfulboy
 
I agree with frantic- 3 & 4 sound fishy and BCIS can definitely question such agreements. I have never heard of employment letters been handed out for jobs 1 or 2 years later.
 
All the four options are valid and it's very difficult for BCIS to prove that it's a fraud. The only difference between all these options is the degree of risk associated with them. Otherwise all are legally valid options and many people follow options 3 and 4 also (even though they are riskier).
The only thing that will be truely risky is when a candidates gets his GC through option4 (never worked for them) and he never joins the sponsoring company after GC also.
 
my understanding of the process..

These are my 0.02 on this. I had to use AC21 and gathered this information from conversations with various lawyers and paralegals. Obviously, since this is free advice it is only worth what you have paid for it. :)

I think that all the four points raised by wonderfulboy are valid.


Before AC21:
Since the green card is based on a future job offer we do not have to actually work with the sponsoring employer at any point in time during the course of filing of the card. In fact, that is what makes Consular processing possible even.

The sponsored person could switch employers at will (provided of course (s)he has a H1 or uses the EAD to work for the other employer) . The whole problem was that the sponsoring employer could revoke (or withdraw) the labor or the I140 and hence jeopardize the whole Green card process.

After GC, it was advisable that the employee worked with the sponsoring employer for a 'decent' time (typically at least 6 months many say) so that BCIS does not accuse the employee of fraud.


After AC21: (without the latest memo on I140 revocation)

Viewed in this context, AC21 (without the latest memo about I140 revocation) did not add any new flexibility to the Green card process.

The employer still got to control the entire GC process. But if the employer was good he did not revoke the I140 petition. The employee could also inform BCIS that the sponsoring employer has changed if he is waiting for 485 in excess of 180 days. After the GC, the employee is still obliged to work for the original or the new sponsoring employer for a 'decent' time to avoid accusations of fraud.


AC21 (with the latest memo)

The latest memo states that the sponsoring employer cannot control the GC process after 180 days. So a revocation from the sponsoring employer is no longer considered valid.

With this change, employee can inform BCIS that the sponsoring employer has changed after 180 days. He still has to work for the new sponsoring employer for a 'decent' time after GC.
 
Thank you raja for your elaborated response on GC Processing. This is kind a big question for people when they initiate the GC Processing. They hear lot of different versions and verdicts.

I would appreciate if more people shed their light on this issue.

Thanks
Wonderfulboy
 
Thank you raja for your elaborated response on GC Processing. This is kind a big question for people when they initiate the GC Processing. They hear lot of different versions and verdicts.

I would appreciate if more people shed their light on this issue.

Thanks
Wonderfulboy
 
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