Got GC not with current employer

R

rpk1997

Registered Users (C)
Hi Immi Guru's,
I need help in decideing what I need to do.
I got my PR card last friday. The GC is filed by company which I never worked, the company started GC process expecting new projects which needs people with skills I have but they didnt get the project. 140 and 485 was filed together six months back and evrything went fast I didnt get a chance to plan. Now I have GC but the company which sponsered doesnt have position for me.
Please advice - do I need to join the company who sponsered the GC or can I continue with my current employer or can I join new company. Will there be any issues if I dont join the company which sponsered the GC.

I appreciate any information in this regard.

Thank you!
 
Thank you JoeF for the quick reply. I will join the company if they can take me in. But what if they dont want to hire me any more?
 
rpk1997 said:
I will join the company if they can take me in. But what if they dont want to hire me any more?
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Did your sponsor communicate to you regarding non-availability of job? For example, withdrawal of offer in written form? If you have notice of the withdrwal, you need to save for future. Offering someone offer letter with job position or sponsoring GC for someone are serious things. Even though it's possible in dynamic economy and job market, a company cannot just offer you something and then sponsor your GC. And when you are about to join that company after you getting GC, they will say "we were just joking". On the other hand if they were unwilling to hire you, they must have served you offer withdrawal letter.
 
Thank you pralay for your response.
I have been asking them when can I join since one month but they were keep on postponing. I have the offer letter stating that they wil hire me after GC process is complete.
Is it ok if get the withdrawal letter? I can ask them if they are not willing to take me in. Please advice.
 
dude try soemthing practical

I see nobody has given you the answer of what to do if the company is NOT willing to take you...(which seems to be the case)

u need to ask your "gurus" what they want you to do -
do they want you to give up GC !!! ( u can ask them for the forms related to this)

because sure you dont want to commit fraud - that will be bad for your future and also your "gurus" will be mad at you :)


- here is my two cents - which could be practical

talk to a lawyer - i have heard cases in which lawyers file letters - after u get the GC ...so its NOT AC21 - after people got GC thru different companies

- the cases i have heard is - as soon as u join a new company and before u had time to file AC21 - the GC was approved thru the old company.
for this i know of instances in which lawyers had written letters -NOT AC21- to state the same to USCIS. - they surely did not loose their GC.

of course you dont have to listen to me ......and give up ur GC and get a congratulatory email from your "gurus".
 
TheEnquirer said:
I see nobody has given you the answer of what to do if the company is NOT willing to take you...(which seems to be the case)
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Well, I already gave enough indication in post #5 what are the bottlenecks in his case - what are the documents he is missing. Verbal communications do not count. In perfossional world I cannot think of a situation where a company offered a job position in written, sponsored GC and then totally forgot about it. It's possible but difficult to argue in court. I cannot say "ok, commit a fraud this way". I am not going to do that.


TheEnquirer said:
because sure you dont want to commit fraud - that will be bad for your future and also your "gurus" will be mad at you
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I don't think you understand the concept of forum. Forum is for education, help (mostly lawful ways) and of course debate/discussion. I would not consider it as a place to discuss how to circumvent immigration laws. Doing it is a personal choice. People should not expect that kind of feedback that in a public forum. There are other ways to get that kind of feedback - PM, email, verbal talks.


TheEnquirer said:
- the cases i have heard is - as soon as u join a new company and before u had time to file AC21 - the GC was approved thru the old company.
for this i know of instances in which lawyers had written letters -NOT AC21- to state the same to USCIS. - they surely did not loose their GC.
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First of all AC21 applies only when the original job position is bonafide. As I said before if company did not have bonafide job position, AC21 is useless. Secondly, worked-for-GC-sponsor-and-then-changed-job-using-AC21 scenario could be different from never-worked-for-GC-sponsor.
 
rpk1997 said:
Thank you pralay for your response.
I have been asking them when can I join since one month but they were keep on postponing. I have the offer letter stating that they wil hire me after GC process is complete.
Is it ok if get the withdrawal letter? I can ask them if they are not willing to take me in. Please advice.
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While trying to find out an answer to your problem, you may try this in the meantime:

Find out a project(at least a short term project) yourself that meets your skill set, then ask the sponsorer to hire you and become an employee, work for few months then quit the employer. This way, after GC, you will be in a situation that you actually worked with your sponsor and didn't commit any fraud.
 
Last edited by a moderator:
Thank you Guys for your responses!
I will try to find a contracting position and ask the sposorer to take me as employee.
Please post more information if find any. Once again thank you very much, this forum is great.
 
rpk1997 said:
Thank you Guys for your responses!
I will try to find a contracting position and ask the sposorer to take me as employee.
Please post more information if find any. Once again thank you very much, this forum is great.
Click to expand...
Differing from opinion here, I would think this an AC21 case.

Assuming all info in your LC,140 and 485 was correct and you did not lie, you disclosed the fact to USCIS that you were not working with the sponsor during the GC process. They have looked at all this evidence and yet concluded that your job offer was valid. Hence everything was perfectly legal before GC approval.

Now you cannot join your sponsor as he is not willing to take you. You can safely use AC21 from your current employer as you were working with him before GC approval as well as after GC approval.

Your main problem is trying to prove that the sponsor had a valid job offer in the first place. For that I would like to ask you what documents you filed with the LC, 140 and 485. It must have been pretty strong for USCIS to accept the validity of the offer despite the fact that you were not working for them (unless you lied or they ignored this fact). So why not use these same documents if someone asks for the validity of the original job offer?
 
this is possibly a good thing to do.....but good luck in asking the employer to do the same...

i am also surprised the "gurus" havent given you the whole thing of - you have to have the intention of working with your employer permanently when u join - or u r commiting fraud if u join a company knowing you are going to quit - as this is a public (???!!!) forum and all....
- the last i heard public forum involves more than two people deciding what is legal and what is not.

rpk1997 said:
Thank you Guys for your responses!
I will try to find a contracting position and ask the sposorer to take me as employee.
Please post more information if find any. Once again thank you very much, this forum is great.
Click to expand...
 
rpk1997 said:
Thank you Guys for your responses!
I will try to find a contracting position and ask the sposorer to take me as employee.
Please post more information if find any. Once again thank you very much, this forum is great.
Click to expand...

Even though I am not sure, I doubt that will help. Basically there two issues in your case -
1. Was the job position bonafide?
2. Did you file your GC application (I-485) is good faith?

You need enough evidence and documents to show these two items. As I said before, in dynamic job market it's possible to have a bonafide job for certain duration and later not available anymore. But there has be some evidence that the position was available from so-and-so date to so-and-so date. That's why I stressed on offer withdrwal letter earlier. Take an example,
- On Jan 1, 2002 IBM offered me a job and sponsored GC for me. They agreed that once I get my GC I will start working for them.
- IBM filed I-140 and I filed I-485 based on that job offer.
- Then situation changed and IBM realized that they cannot hire me anymore. On Dec 1, 2003 they sent me a letter mentioning that they are withdrwaing offer and they are terminating my GC process.

It's a clear case where job was available from Jan 1, 2002 to Dec 1, 2003.
Now, on Dec 1, 2003 if my I-485 is still pending I can use AC21 and get another job offer with "same and similar" job. Now, if my GC is approved in 30th Nov 2003 and I got withdrwal letter on Dec 1, 2003, nothing I can do about it. However, my lawyer can argue that as the bonafide job position was available from Jan 1, 2002 to Dec 1, 2003, the GC processs is still valid and hence my GC is valid.
 
Hello JoeF, I am confused about howcome this case be considered as fraud. In your earlier posts to other threads (http://www.immigrationportal.com/showthread.php?t=203510) you specified that it is alright to change employers before GC gets approved even if one has'nt informed INS using AC21. And over here you are specifying that if one gets GC than he cannot change employers??? Please can you explain what this means....as i always though it was more risky to change your employers before getting GC rather than after...

Thanks
 
Thanks JoeF, But I a still confused -

What you are suggesting that if I have a job offer letter from the new employer as well as the sponsoring employer than I will be better off switching jobs before getting the GC rather than after getting the GC. And also in thread#203510 the guy switched jobs and never submitted any AC21 letter to INS. So how can that guy be better off than the guy who switches jobs after getting GC? Please clarify??
 
Thanks JoeF, I was too afraid of going for AC21 as i thought it would unduly delay my GC appoval process and i saw my friends changing jobs after getting their GC so i also decided to change after getting GC. Now my PD is current and I expect to get my GC anytime - would i be safe to apply for AC21 at this stage??? - and again AC21 can complicate my case.
 
Hi Guys,
I finally got hold of right person in the sponsoring company. They said it will take about two to three weeks to finalize my position and take into their company. Is it ok if it is delayed two-three weeks to join the company?

Thank you for your valueble information/advice.
 
better late than never.

Congratulations!!!! so did u mention that u got ur GC thru them and they have to hire you ??

no there is no immediate time period by which you have to join- as long as its reasonable.
 
TheEnquirer said:
Congratulations!!!! so did u mention that u got ur GC thru them and they have to hire you ??

no there is no immediate time period by which you have to join- as long as its reasonable.
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Yes, I also told them that the company will be in trouble if they dont hire me asap, as I tntend to work they are the one who are not allowing me to wokr for them.
 
rpk1997 said:
Yes, I also told them that the company will be in trouble if they dont hire me asap, as I tntend to work they are the one who are not allowing me to wokr for them.
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You are the man.....

Good luck.
 
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