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Is Every Green Card is future employment?
- Thread starter baby_mde
- Start date
manwithnoname
Registered Users (C)
Yes, all employment based green cards are for future employment.
gcWudBeHere
Registered Users (C)
Yes, all employment based green cards are for future employment.
Of course, not.
You could find whether green card is for future employment by looking at form I-140. An item, on page 2 Part 6 question 8, is "Is this a new position?". If it is YES, then the green card is for future employment. Else, same job.
Still for future employment. Future job could be the same as the current one.
Do you think individual who is currently being hired by some employer can get GC if the same employer says they have no intention to hire them after GC gets approved ?
Do you think individual who is currently being hired by some employer can get GC if the same employer says they have no intention to hire them after GC gets approved ?
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all green cards are for future employment, as far as I understand...
Why does a employer file for a permanent residency for employee? Because he wants to engage in permanent employment relationship with the employee and this can be only done with permant resident card....after receipt by the employee
Another excellent indicator is - the Job Offer Letter filed with I485....I have seen all job offer letters clearly specify this clause - "Upon approval of GC, the employee will be offered a position of XX salary and following job duties etc..." which clearly signifies future job offer....
Why does a employer file for a permanent residency for employee? Because he wants to engage in permanent employment relationship with the employee and this can be only done with permant resident card....after receipt by the employee
Another excellent indicator is - the Job Offer Letter filed with I485....I have seen all job offer letters clearly specify this clause - "Upon approval of GC, the employee will be offered a position of XX salary and following job duties etc..." which clearly signifies future job offer....
gcWudBeHere
Registered Users (C)
That's interesting to know.
My case is a perfect "future employment" as the job I have now is different from the one on my green card application. However, I know quite a few who have same jobs both on the application and in the work. If for some reason their GC gets disapproved, they would still be eligible to continue working. Thus, I still cannot see how green card is SOLELY for "future employment" when applicants work for the company in the same job.
Green card is SPONSORED by an employer, who tells the DOL that a job is available for the applicant. I cannot read much into this process that tells me a green card is for future employment only.
Anyways, some definitions are confusing.
My case is a perfect "future employment" as the job I have now is different from the one on my green card application. However, I know quite a few who have same jobs both on the application and in the work. If for some reason their GC gets disapproved, they would still be eligible to continue working. Thus, I still cannot see how green card is SOLELY for "future employment" when applicants work for the company in the same job.
Green card is SPONSORED by an employer, who tells the DOL that a job is available for the applicant. I cannot read much into this process that tells me a green card is for future employment only.
Anyways, some definitions are confusing.
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Yes, but even if DOL certifies ETA-9089 it doesn't give the right to you to take this job immediately? In theory, the point of time when you can (actually have to) take the job is the moment when your GC is approved. You can't just say - "I don't want take it and still keep my GC". You get your GC - you take the job.
However, there is a confusing moment here. When you file your I-485, you can apply for EAD, that (theoretically) gives you an opportunity to work anywhere. People often do not understand that EAD is a temporary status, valid only while I-485 is pending.
Just consider CP process. You sit abroad and wait until the immigration visa is issues for you. After that, you pack your baggage and move over to the U.S. If at this point of time you go and tell your sponsor - "I don't want to work for you", then both you and your GC are screwed.
However, there is a confusing moment here. When you file your I-485, you can apply for EAD, that (theoretically) gives you an opportunity to work anywhere. People often do not understand that EAD is a temporary status, valid only while I-485 is pending.
Just consider CP process. You sit abroad and wait until the immigration visa is issues for you. After that, you pack your baggage and move over to the U.S. If at this point of time you go and tell your sponsor - "I don't want to work for you", then both you and your GC are screwed.
Green card is SPONSORED by an employer, who tells the DOL that a job is available for the applicant.
How so?That's interesting to know.
My case is a perfect "future employment" as the job I have now is different from the one on my green card application. However, I know quite a few who have same jobs both on the application and in the work. If for some reason their GC gets disapproved, they would still be eligible to continue working.
They have valid work status, I assume. Like H1-b, TN, etc.
How so?
techbuyer77
Registered Users (C)
yes all gc are for the future
the valid work status is only temporary and if GC gets disapproved, they have to leave.
They have valid work status, I assume. Like H1-b, TN, etc.
techbuyer77
Registered Users (C)
the valid work status is only temporary and if GC gets disapproved, they have to leave.
Not if they have a valid h or l status to fall on.
Eventually, they will have to leave (unless they get GC in a different way), but rejection of I-485 does not automatically trigger their (e.g.)h1-b status cancellation. Of course, when the status expires and there wouldn't be any way how to get it extended, the person will have to leave the U.S.
the valid work status is only temporary and if GC gets disapproved, they have to leave.
StillAlive
Registered Users (C)
Lets say if someone has 3 year H1 extension after 6th year, based on I-140 approval.
If his I-485 is denied,
1. Can he continue to work until the 3 year extended H1 based on I-140
2. Can he do H1 transfer to another company.
If his I-485 is denied,
1. Can he continue to work until the 3 year extended H1 based on I-140
2. Can he do H1 transfer to another company.
Eventually, they will have to leave (unless they get GC in a different way), but rejection of I-485 does not automatically trigger their (e.g.)h1-b status cancellation. Of course, when the status expires and there wouldn't be any way how to get it extended, the person will have to leave the U.S.
techbuyer77
Registered Users (C)
Why would the i-485 be denied, unless the i-140 is denied?
Yes to both 1 and 2. As soon as I-140 is alive, you're definitely good to go.
Lets say if someone has 3 year H1 extension after 6th year, based on I-140 approval.
If his I-485 is denied,
1. Can he continue to work until the 3 year extended H1 based on I-140
2. Can he do H1 transfer to another company.
there might be millon reasons for that, e.g. you have a questionable background, that makes you ineligeble for permanent residence benefits. Another reason might be that you haven't kept your legal status before filing I-485. Just review the form + G-325. You'll find a plenty of reasons for rejection.
Why would the i-485 be denied, unless the i-140 is denied?
gcWudBeHere
Registered Users (C)
Just consider CP process. You sit abroad and wait until the immigration visa is issues for you. After that, you pack your baggage and move over to the U.S. If at this point of time you go and tell your sponsor - "I don't want to work for you", then both you and your GC are screwed.
That's some great info.
I hate to digress, but I thought all employment contracts are "at will contracts". If after getting GC, I were to dump the employer citing one of the million unfavorable conditions and move to a different job, who cares until I have GC in my pocket?
I know I have to answer the questions "why, how, what" when applying for citizenship, but other than this any problems leaving the job right after getting GC?
Well, not all the job agreements are "at will". There is such a thing like contract. Anyway, it's not a subject of this discussion.
When you file your I-485 you confirm your intent to accept the job with the employer sponsored your I-140. When the employer files I-140, it confirmes the company's intent to hire you on a permanent basis (yes, "at will") after your GC is approved.
if you change mind before I-485 is approved, you have to notify USCIS. Then, I-485 will be denied.
If you change mind right after your I-485 is approved, then USCIS might consider this situation as fraud (you didn't have the intention) and then they might start a full investigation. Your "dumped" employer can notify USCIS, or they can find it out when you apply for the citizenship, then it might trigger the investigation.
So, there is no consequence for you in terms of Labor Law (unless, you've signed some sort of agreement, obligation you to pay off in case you quit early), but Immigration Law can definitely cause some issues for you.
Again, "future employment", "intent", etc is the spirit of INA. It's up to USCIS how to get it interpreted.
When you file your I-485 you confirm your intent to accept the job with the employer sponsored your I-140. When the employer files I-140, it confirmes the company's intent to hire you on a permanent basis (yes, "at will") after your GC is approved.
if you change mind before I-485 is approved, you have to notify USCIS. Then, I-485 will be denied.
If you change mind right after your I-485 is approved, then USCIS might consider this situation as fraud (you didn't have the intention) and then they might start a full investigation. Your "dumped" employer can notify USCIS, or they can find it out when you apply for the citizenship, then it might trigger the investigation.
So, there is no consequence for you in terms of Labor Law (unless, you've signed some sort of agreement, obligation you to pay off in case you quit early), but Immigration Law can definitely cause some issues for you.
Again, "future employment", "intent", etc is the spirit of INA. It's up to USCIS how to get it interpreted.
That's some great info.
I hate to digress, but I thought all employment contracts are "at will contracts". If after getting GC, I were to dump the employer citing one of the million unfavorable conditions and move to a different job, who cares until I have GC in my pocket?
I know I have to answer the questions "why, how, what" when applying for citizenship, but other than this any problems leaving the job right after getting GC?
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techbuyer77
Registered Users (C)
you are wrong you can change your intent after your i-485 is pending for more than 180 and i-140 is approved and your i-485 WONT be denied. It is called ac21.Well, not all the job agreements are "at will". There is such a thing like contract. Anyway, it's not a subject of this discussion.
When you file your I-485 you confirm your intent to accept the job with the employer sponsored your I-140. When the employer files I-140, it confirmes the company's intent to hire you on a permanent basis (yes, "at will") after your GC is approved.
if you change mind before I-485 is approved, you have to notify USCIS. Then, I-485 will be denied.
If you change mind right after your I-485 is approved, then USCIS might consider this situation as fraud (you didn't have the intention) and then they might start a full investigation. Your "dumped" employer can notify USCIS, or they can find it out when you apply for the citizenship, then it might trigger the investigation.
So, there is no consequence for you in terms of Labor Law (unless, you've signed some sort of agreement, obligation you to pay off in case you quit early), but Immigration Law can definitely cause some issues for you.
Again, "future employment", "intent", etc is the spirit of INA. It's up to USCIS how to get it interpreted.