I am in WA state. PD - Apr 2007, EB2, i-140 approved in June 07, I-485 filed in June '07. (Well past 180 day limit)
I have an offer from big-shot organization. but they have asked me to sign following letter - Is this legal and/or safe to sign my-life / GC away ?? Shouldn't this new employer at least state that - they will act in "good faith" and help with any RFE related to my GC application in following letter ??
Statement of Understanding
I, firstName, LastName, hereby affirm that I am joining XXX Corporation (“xxx”) pursuant to the AOS portability provision of the American Competitiveness in the 21st Century Act (“AC21”). Although I am aware of the potential risks, I nonetheless desire to attempt to preserve my eligibility for adjustment of status (“AOS”) to U.S. lawful permanent residence (“green card” status) by relying on the AOS portability provision of AC21. I have had ample opportunity to consult with an attorney of my choice to advise me on my legal rights and potential disadvantages if I rely on AOS portability. I desire nevertheless to be considered for employment by “xxx”. I therefore confirm my understanding of, and complete agreement with, the following statements:
A. My decision to apply for employment with “xxx” and at the same time to rely on AOS portability as a means of attempting to preserve my opportunity to obtain U.S. lawful permanent residence is completely voluntary on my part;
B. I disclaim any responsibility or liability on the part of “xxx” for any decision I make concerning AOS portability and release the company from any and all resulting damage my family and I may suffer;
C. To the best of my knowledge and belief, my AOS application has remained pending but undecided at the INS, my current or former employer who sponsored my employment-based permanent residence has not requested withdrawal of my I-140 petition, withdrawal of my approved labor certification, or substitution of another alien into my labor certification, and neither the INS or DOL has revoked my labor certification or I-140 petition;
D. I am fully aware of the inherent risks if I rely on AOS portability, including the risk that my own and my family’s applications to adjust status to permanent resident might be denied or revoked, and that my family and I may be required to depart the United States on a temporary or permanent basis; and
E. I solely accept responsibility for the possibility of an adverse outcome if I rely on AOS portability as a basis to try to preserve my own and my family’s eligibility for U.S. lawful permanent residence (“green card” status).
_________________________________________
FirstName LastName
_________________________________________
Date
I have an offer from big-shot organization. but they have asked me to sign following letter - Is this legal and/or safe to sign my-life / GC away ?? Shouldn't this new employer at least state that - they will act in "good faith" and help with any RFE related to my GC application in following letter ??
Statement of Understanding
I, firstName, LastName, hereby affirm that I am joining XXX Corporation (“xxx”) pursuant to the AOS portability provision of the American Competitiveness in the 21st Century Act (“AC21”). Although I am aware of the potential risks, I nonetheless desire to attempt to preserve my eligibility for adjustment of status (“AOS”) to U.S. lawful permanent residence (“green card” status) by relying on the AOS portability provision of AC21. I have had ample opportunity to consult with an attorney of my choice to advise me on my legal rights and potential disadvantages if I rely on AOS portability. I desire nevertheless to be considered for employment by “xxx”. I therefore confirm my understanding of, and complete agreement with, the following statements:
A. My decision to apply for employment with “xxx” and at the same time to rely on AOS portability as a means of attempting to preserve my opportunity to obtain U.S. lawful permanent residence is completely voluntary on my part;
B. I disclaim any responsibility or liability on the part of “xxx” for any decision I make concerning AOS portability and release the company from any and all resulting damage my family and I may suffer;
C. To the best of my knowledge and belief, my AOS application has remained pending but undecided at the INS, my current or former employer who sponsored my employment-based permanent residence has not requested withdrawal of my I-140 petition, withdrawal of my approved labor certification, or substitution of another alien into my labor certification, and neither the INS or DOL has revoked my labor certification or I-140 petition;
D. I am fully aware of the inherent risks if I rely on AOS portability, including the risk that my own and my family’s applications to adjust status to permanent resident might be denied or revoked, and that my family and I may be required to depart the United States on a temporary or permanent basis; and
E. I solely accept responsibility for the possibility of an adverse outcome if I rely on AOS portability as a basis to try to preserve my own and my family’s eligibility for U.S. lawful permanent residence (“green card” status).
_________________________________________
FirstName LastName
_________________________________________
Date