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Is employer commited to hire?
- Thread starter maldita
- Start date
maldita said:Hello everyone!
I'm currently on H1 visa and will be applying GC (EB2). Is the employer commited/required to hire me all throughout the duration of the process? I'll appreciate any advice.
Thanks a lot.
There is no committment of employment for H1 holder unless contract term says so.
EB GC is for future employment. Employer does not commit to hire you during the process, but they have to commit to hire you when your GC is approved. In the same way, you are committed to work for sponser employer after you get GC. If you and your employer did not have that will, it's considered as fraud.
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Employer does NOT commit to hire you when the GC is approved. The only requirement is that he INTENDS to hire you throughout the GC process. The GC process or approval does NOT change the at will nature of employment. Your emp. can kick you out as and when he pleases and he is under no OBLIGATION to hire you after GC approval. He can also scrap the GC whenever he wants to without penalty as long as you don't use AC21. On the other hand by accepting the GC and employment offer it is you who is COMMITTING to work for your employer after GC approval. So if you don't work for the sponsor after GC approval you can kiss goodbye to your GC unless you use AC21GotPR? said:There is no committment of employment for H1 holder unless contract term says so.
EB GC is for future employment. Employer does not commit to hire you during the process, but they have to commit to hire you when your GC is approved. In the same way, you are committed to work for sponser employer after you get GC. If you and your employer did not have that will, it's considered as fraud.
hipka said:Employer does NOT commit to hire you when the GC is approved. The only requirement is that he INTENDS to hire you throughout the GC process. The GC process or approval does NOT change the at will nature of employment. Your emp. can kick you out as and when he pleases and he is under no OBLIGATION to hire you after GC approval. He can also scrap the GC whenever he wants to without penalty as long as you don't use AC21. On the other hand by accepting the GC and employment offer it is you who is COMMITTING to work for your employer after GC approval. So if you don't work for the sponsor after GC approval you can kiss goodbye to your GC unless you use AC21
Hiring intent of employer is true as you said. I said "commitment" in the
same term as "intent" , but it can be scrapped, if employer thinks circumstance has changed later.
Employer can not scrap GC, though they can scrap GC process unless you use AC21.