Interesting I-485 scenario

M

mara

Registered Users (C)
Hi,
I have a friend who recieved his EAD in dec 2000...In january of 2001 , he quit the company he was working for at that time...he took with him a letter from the company stating that they were interested in his services even after he got his GC...he then joined another company (without applying for a new H1 B ) and worked on his EAD...in march, he got a call from the INS for his green card interview...he went to the interview with the company letter that i previously mentioned (that they would hire him after he got his GC)...He got his GC...
this is what he told me ..is this possible?
 
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yes. GC is for a future job - perfectly valid. BUT, you have to takeup that job as soon as GC is approved. otherwise it is considered fraud. and create problems when you become an American citizen.

just my $.02 worth... check with your attorney before you proceed.
 
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..thats valid as gc is for future job...

maybe latter he can show that the company fired him , so he had to work for other company. Is that reasonable?
 
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well...i guess , he can re-apply to the company and they will likely not hire him back as he quit...so the intention to work back in the company was there...right ?..
 
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Is this a big contradiction that on one hand you say GC is for
future job, on the other hand there is a 180 days rule that you
have to stay before GC???
 
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one clarification to the contradiction is that technically the sponsering company has to revok the 140 if the employee is terminated so even though GC is for future job since the 140 is revoked, the whole 485 process is invalid. So if you stay with the sponsering company for 180 days, even if you get terminated and 140 is revoked, your 485 process goes on..

 Hope this helps..
 
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thanks for the clarification..
But if you get a EAD, cant you quit your job, stay in the country and work for a differnt company ?.
 
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Even your EAD is based on the underlying 140 approval, so technically if you are not with the sponsering company then your 140 is revoked and so is your EAD. Hope that helps..
 
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Sounds like that 180 days rule is used to protect GC applicant in case
I140 be revoked by employer. Can I change job based on EAD without
waiting for 180 days given that the sponsoring company won\'t do anything on my I140?
 
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