I-140 & I-485 filed: Attorneys have given different advice

D

dillon

Registered Users (C)
I-140 & I-485 filed. My attorney has said I must remain on the payroll of my sponsoring employer for at least 4 months. However, my employers attorney says that there is no need for me to work for the sponsoring employer at all. Is there a clear cut answer to this & why is it so important? My sponsoring employer has no objection if I want to work for someone else & will not revoke the I-140 but if there is no legal requirement to put me on his payroll - why should he?
 
GC is for future employment. So no need to be on payroll.

If you are in US, you must maintain valid status.

If you seek to utilize 485 portability, it should be after 6 mos. after application. (dunno if employment is required here, but I would presume so)
 
I am in US. I overstayed.

I have LC approved & have just filed 140 & 485

I intend to utilize portability & have had another job offer. I understand I must wait 6 months from application (although my attorney has advised a min of 4 months...)

Why then would my attorney insist I should be on payroll if this is not a requirement? :confused:
 
I am in US. I overstayed
---- overstayed? explain your correct situation
are you 245(i) or 245(k)??????
 
I entered legally on a 6-month tourist visa.
I have never worked in the US (illegally or legally)
I paid $1000 to continue processing.
My LC is approved.
My I-140 (sponsored by Empl A) has been filed concurrently with I-485. I also have a written job offer from Empl B (same title,description,salary, location) which I understand I can utilize for portability only once I-140 is approved & I-485 pending 6 months.
My big question is: is there a legal requirement for me to go to work for Empl A &/or appear on the payroll or can I just wait out the 6 months then start working for Empl B?
 
By the time you filed I-485, what was your status?

To answer your big question, as far as my understanding you are not required to work for sponsor company before GC approval.

Originally posted by dillon
I entered legally on a 6-month tourist visa.
I have never worked in the US (illegally or legally)
I paid $1000 to continue processing.
My LC is approved.
My I-140 (sponsored by Empl A) has been filed concurrently with I-485. I also have a written job offer from Empl B (same title,description,salary, location) which I understand I can utilize for portability only once I-140 is approved & I-485 pending 6 months.
My big question is: is there a legal requirement for me to go to work for Empl A &/or appear on the payroll or can I just wait out the 6 months then start working for Empl B?
Click to expand...
 
You must log in or register to reply here.
Top