If another employer sponsors GC ....
- Thread starter pani321
- Start date
This is the bottom line, if INS finds out that you have EAD (or eligible to get) and either you or your sponsoring employer are not working or does not want to work togather, INS will most likely deny the petition.
Theoritycally, GC job is for future employment. This would mean that it should be OK to join after 485 approval. But, INS wants to make sure that this whole process was not a sham or fraud. Both of you really intended to form a employer-employee relationship. How will you show this ? by joining the employer as soon as you get the authorization to work there (meaning EAD)... remember, bad economy... no project now but will be in future etc. does not help because at the time of filing labor certificate, employer says under outh that the position is vacant and available for immediate filling.
How will INS know ? If they send you RFE (if you are not working for sponsoring company, you may get one) .....
Theoritycally, GC job is for future employment. This would mean that it should be OK to join after 485 approval. But, INS wants to make sure that this whole process was not a sham or fraud. Both of you really intended to form a employer-employee relationship. How will you show this ? by joining the employer as soon as you get the authorization to work there (meaning EAD)... remember, bad economy... no project now but will be in future etc. does not help because at the time of filing labor certificate, employer says under outh that the position is vacant and available for immediate filling.
How will INS know ? If they send you RFE (if you are not working for sponsoring company, you may get one) .....
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I do not agree with you. I have spoken to many lawyers about this.
Here is what I infere from them. You have to show intent of joining your sponsered employer. Now if your case in not approved for 180 days then you can change your employer.
EAD has nothing to with joining your employer.
Thanks
Sameer
Here is what I infere from them. You have to show intent of joining your sponsered employer. Now if your case in not approved for 180 days then you can change your employer.
EAD has nothing to with joining your employer.
Thanks
Sameer
I agree with dcompany..
I have filed my GC based on future employment.
My attorney said that there is aboslutely no reason to join the employer now or after getting the EAD. and we can still argue the case saying that the company is still intenting to hire after the GC approval ( get another letter stating that , in case u get an RFE or appear in the interview)
however if you have no problems working for them before the GC approval, it should be a strong case to argue.. especially if there is a RFE or an interview call. But i dont see why INS should reject your GC if you are still not working after you get your EAD.
If you dont work for ur employer after GC, the chances are that when you go for citizenship they may catch you... so it is better to remain truthful ..circumstances prevailing.
Good luck.
Mitwaa
I have filed my GC based on future employment.
My attorney said that there is aboslutely no reason to join the employer now or after getting the EAD. and we can still argue the case saying that the company is still intenting to hire after the GC approval ( get another letter stating that , in case u get an RFE or appear in the interview)
however if you have no problems working for them before the GC approval, it should be a strong case to argue.. especially if there is a RFE or an interview call. But i dont see why INS should reject your GC if you are still not working after you get your EAD.
If you dont work for ur employer after GC, the chances are that when you go for citizenship they may catch you... so it is better to remain truthful ..circumstances prevailing.
Good luck.
Mitwaa
Exactly how will you show "intent to join the employer". Will you cut your heart open and fedex to INS ? 
Since nobody knows what goes on in one's mind, intent is usually shows using actions such as joining the employer when EAD is issued. Just giving a letter saying "I have intent" will not convince anyone. Once you have EAD, exactly what is the reason for not joining the employer...
You are forgetting that "arguing" and "conclusively showing" or "convincing INS" are different things. Theoritically, a letter stating that the company will pay prevailing wages is sufficient, then how come INS sends so many RFEs for companies tax returns etc. to further show that the words have a basis ? INS routinely denies I-140 petitions just because companies tax returns and other financial information does not convince INS....
"Yeah, I intent to join the employer but I don't want to join" - how does it sounds. It will probably not convince anyone but the lawyer you talked with.
And yes, 180 day rule under AC21 will apply even these cases. Therefore, in most cases there will be no issue as to joining original the original employer.
Since nobody knows what goes on in one's mind, intent is usually shows using actions such as joining the employer when EAD is issued. Just giving a letter saying "I have intent" will not convince anyone. Once you have EAD, exactly what is the reason for not joining the employer... You are forgetting that "arguing" and "conclusively showing" or "convincing INS" are different things. Theoritically, a letter stating that the company will pay prevailing wages is sufficient, then how come INS sends so many RFEs for companies tax returns etc. to further show that the words have a basis ? INS routinely denies I-140 petitions just because companies tax returns and other financial information does not convince INS....
"Yeah, I intent to join the employer but I don't want to join" - how does it sounds. It will probably not convince anyone but the lawyer you talked with
. And yes, 180 day rule under AC21 will apply even these cases. Therefore, in most cases there will be no issue as to joining original the original employer.
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In such cases best thing would be...
My new lawyer (latest company's ) says it would be illegal at the time Naturalisation and they will treat that as fraud If I don't join them immediatel after 485 approval.
My previous lawyer says... I should join just after EAD approval
it is the best thing to join just after EAD and he says it is OK to delay the 485 application if I want to join later and join just after EAD. He says... the very word EAD means my ( old ) emploayer wants to employ me once I get the perminent kind of authorisation to work for that company. Also he says that I will have time to respond back in case of RFE that I would be working by that time for my previous employer...
As such..I came to following conclusions after seeing all your replies and talking to my lawyer(s).
- One can join after getting 485 approval ( with no RFE )
-- If afraid of RFE.... safe to join after EAD so you can have time
to answer for RFE
-- It is illegal/fraud if you join after long time after 485 approval
(or) not going to join after approval ..... if in future you are
going to apply for CITIZENSHIP
If you just want to go with GC... you will not have problem
though it is a FRAUD
Thanks to you all for sharing your ideas... Anybody conflict with my above conclusions... please respond back to this ...
Thanks.
My new lawyer (latest company's ) says it would be illegal at the time Naturalisation and they will treat that as fraud If I don't join them immediatel after 485 approval.
My previous lawyer says... I should join just after EAD approval
it is the best thing to join just after EAD and he says it is OK to delay the 485 application if I want to join later and join just after EAD. He says... the very word EAD means my ( old ) emploayer wants to employ me once I get the perminent kind of authorisation to work for that company. Also he says that I will have time to respond back in case of RFE that I would be working by that time for my previous employer...
As such..I came to following conclusions after seeing all your replies and talking to my lawyer(s).
- One can join after getting 485 approval ( with no RFE )
-- If afraid of RFE.... safe to join after EAD so you can have time
to answer for RFE
-- It is illegal/fraud if you join after long time after 485 approval
(or) not going to join after approval ..... if in future you are
going to apply for CITIZENSHIP
If you just want to go with GC... you will not have problem
though it is a FRAUD
Thanks to you all for sharing your ideas... Anybody conflict with my above conclusions... please respond back to this ...
Thanks.