Is it a good Idea?

F

Fort_User

Registered Users (C)
I got my GC based on future employment offer. I never worked for my sponsorer. Now i have completed one year.

In future, say after 2 years i can join with sponsorer if i am interested(because, project will be found out by me).

To convince USCIS, i can do that. Six months to 1 year i can work with the sponsorer(i will loose 50% of my salary :mad: ).

My question is, how soon one should join with the sponsorer after obtaining GC. Can i join after 2-3 years with sponsorer to convince USCIS.
 
i heard about a case in which the Gc was based on an future offer letter. but by the time the person got GC the position was not available any more. so the person ended up being with the original (sponsorer) company.
dont know how USCIS is going to handle this.

he is with the sponsoring company - but used AC21- which he was not able to use

first of all when do they actually check whether u actually worked with the AC-21 company?
 
JoeF said:
You have to join your employer immediately after getting the GC. The GC is based on a job offer.
Click to expand...

Could you pass me site address to go through these instructions?

Thanks.
 
The situation is,

I was working for a IT consulting company (They placed me to a client). They were unable to provide me job when i finished my project with the client. This happened the same day of my I140 approval.

They gave me future employment offer and i moved to another company. After 2 years my I485 approved based on Future offer letter provided by them.

I tried to join with the sponsorer after my I485 approval. But, they are unable to find a job for me.

So, my point is,

Since, the future Employment letter indicates "We will employ him upon his GC approval", the responsibility is employer side not my side.

They have to provide me job. However, they are unable to provide me job. What can i do?

If USCIS wants to take actions, they should take action against employer not employee.
 
Last edited by a moderator:
AC21 applicable here

Fort_User said:
The situation is,

I was working for a IT consulting company (They placed me to a client). They were unable to provide me job when i finished my project with the client. This happened the same day of my I140 approval.

They gave me future employment offer and i moved to another company. After 2 years my I485 approved based on Future offer letter provided by them.

I tried to join with the sponsorer after my I485 approval. But, they are unable to find a job for me.

So, my point is,

Since, the future Employment letter indicates "We will employ him upon his GC approval", the responsibility is employer side not my side.

They have to provide me job. However, they are unable to provide me job. What can i do?
Click to expand...

You are lucky to have a consulting company support your GC despite your not working for them. There is nothing illegal in what your employer has done. They expected two years ago that you would be employed by them in future and agreed to sponsor your GC. Giving a letter stating that 'We will employ him upon GC approval' does not put your employer in a binding contract. They can cancel that 'future job' at any time with or without reason with no advance notification. Thats beacuse most employment in the US is 'at will' employment. You should be happy that they did not scrap your GC.

Fort_User said:
If USCIS wants to take actions, they should take action against employer not employee.
Click to expand...
USCIS should be taking action against you! Remember that the law is basically giving you a GC such that you can work with your employer on a permanent basis. In this case your employer no longer wishes to hire you, so basically thats the end of the GC. However in your case AC21 may be applicable if 180 days have passed and your new employment is in a same or similar field. Find out more about this in this forum as I am sick of typing the same thing again and again!
 
I have no idea what you are asking but i have question here

Hi,

Would you please let me know the eligibility criteria to file GC thr EB2 Process.

I would be appreciated if you reply me so.

Thanks,
 
Fort_User said:
Can we use AC21 after I485 approval?
Click to expand...
Too late to use it now. However AC21 was applicable in your case and your only mistake was not informing USCIS about it. Do the following-- keep documentation like paystubs, job letter etc. to prove that you worked in a similar job after GC approval and that this job was offered before GC approval. Contact a good lawyer during citizenship application. I think you should sail through without any problems.
 
As i have applied my GC through EB1(OR), Attorney suggested that, don't invoke AC21 (Invoking AC21 for EB1 (OR) has lot of complications). That's why i kept quiet.

As you said i will contact Good Attorney.

Thanks GUYS.
 
hipka said:
... However AC21 was applicable in your case and your only mistake was not informing USCIS about it.
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There was no explicit requirement to inform CIS; I don't believe this has changed in the recent past. Refer to the following link for more details:

http://www.murthy.com/news/UDac21qa.html

Assuming that Fort_user's I-485 was approved at least 180 days after it was filed, he/she should be fine as long his/her post-approval job was similar in nature to the one that was mentioned in the I-485 application.
 
the case was like this.
company A hired the person on H-1 and starts GC processing.
when I485 appln has passed 6 months - the person interviewed and got a job offer from company B - telling that upon ur GC approval, u will be hired.
so the person replied RFE with AC21 - with future job offer form company B.
( he is still with the orginal company which sponsored GC)
He got the I485 approval... now the company B says it took too late to get the GC and they are closing down so does not have opening still.

the guy stayed with company A ( the orginal company which applied for Gc)

________________________________________________________________
Hmm, that doesn't make sense. Technically, the GC is always for a future job, namely the job you are supposed to take up when the GC is approved. In most cases, you already work in the job. If you work somewhere on H1, for example, and another company sponsors your GC for a future job, that's ok. You then have to take up that job immediately when the GC is approved.
But, what you said, the sponsoring company didn't have the job anymore. So how could the person then "ended up being with the original (sponsorer) company"? The sponsoring company didn't have the job anymore, as you said.
In such a case, AC21 would work if this is known before the I-485 approval. If it is not known before approval, the company at least would have committed fraud since they provided a job offer without having the job.

But anyway, that's not the issue here. If I understand the OP right, he isn't working for the sponsoring company even a year after getting the GC. That's a big problem, and can result in him losing the GC because of fraud.
 
Joe, as you said one must have either Master degree or (bachelor + 5 years progressive experience) in order to file GC thr EB2 process.Master degree you mean from USA or outside of USA and you are saying 5 years experience , whole 5 years exp from USA is that what you mean?
Myself, i am having just 5 Years exp in USA and outside of USA and i am holding Master degree in computer science and presently my salary is $68k
 
Fort_User said:
I got my GC based on future employment offer. I never worked for my sponsorer. Now i have completed one year.
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What did you do when your I-485 is pending for more than 6 months? Working for another company (say company B), right?

I will give you a hint. It's not mandatory to file AC21 paperworks proactively. You can serve AC21 paperworks only if you are asked too. You have to read between the line I wrote.
 
pralay said:
What did you do when your I-485 is pending for more than 6 months? Working for another company (say company B), right?
Click to expand...

I worked for company B for 2.5 years from the date of my I140 approval.
Same profile(as a Programmer).

So, my relationship with company A was over the same day of my I140 approval.
 
Fort_User said:
I worked for company B for 2.5 years from the date of my I140 approval.
Same profile(as a Programmer).

So, my relationship with company A was over the same day of my I140 approval.
Click to expand...
You should have worked for at least a few days after 485 filing (if you used non-concurrent filing) or at least till few days after 140 approval for non concurrent filing. Quitting on the same day of approval makes it look like fraud. Also you should have got a letter from company A that they were ready to sponsor GC even if you were not working for them. (Typical case would be a temporary layoff where company cancels H1 but not 140 as they expect to hire the person later).
Also these circumstances should be made clear to USCIS as its best to have all this on file. It makes a big difference during citizenship if everything is on file.
Guess best thing to do now is at least inform USCIS that you used AC21.
 
hipka said:
Guess best thing to do now is at least inform USCIS that you used AC21.
Click to expand...

It's optional to send AC21 proactively. Most of the attornies don't do that, but rather they wait for RFE/interview. If someone gets approved without RFE/interview, then they never send AC21 paperworks. For future, just saving documents/proofs for AC21 invocation is good enough (e.g. offer letter from company B dated before I-485 approval preferably with reference to supporting GC process, job description etc).
 
pralay said:
It's optional to send AC21 proactively. Most of the attornies don't do that, but rather they wait for RFE/interview. If someone gets approved without RFE/interview, then they never send AC21 paperworks. For future, just saving documents/proofs for AC21 invocation is good enough (e.g. offer letter from company B dated before I-485 approval preferably with reference to supporting GC process, job description etc).
Click to expand...
Yes thats optional. However during citizenship if an investigation is launched then having all this on file will prevent delays. Also in the worst case if it goes to court, the fact that he did not try to hide the change in employment will go in his favor. Overall -- quitting the sponsor before 180 days has its risks as its still an grey area under immig. law so the best strategy is to inform USCIS and allow them to make the GC desicion with all the facts. I have faced this situation and some very good lawyers have advised this.
 
Joe,

As per you said in your previous msg,then ,i think i am eligible to file GC - EB2 process.By the way, would you please let me know how long does it takes to get?It would be better if you tell me in step wise of whole process?
 
hipka said:
quitting the sponsor before 180 days has its risks as its still an grey area under immig. law so the best strategy is to inform USCIS and allow them to make the GC desicion with all the facts.
Click to expand...

GC is for Future Job Offer.

One can be in another country and get GC provided a company sponsor his GC with future employment offer.

My case is similar. I gave future job offer letter.

However, USCIS should have processed my I485 within 180 days otherwise i am eligible for AC21. But, revoking AC21 is not mandatory.

Since, USCIS took 2 years to process my I485, i am eligible to switch my job with similar job profile after 6 months of my I485 filing (during this 6 month, sponsored employer did not revoke my I140 or cancel my GC).

While approving USCIS knew very well that, i was not working for my sponsorer. As they could not process my case within 180 days, i can work for any one.

Hope my analysis has sense. :D
 
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