my question for you guys
- Thread starter dimag_mari
- Start date
lohith said:
Don't speculate what I would say, but rather back up your own point. As par law, being unemployed in AOS is not "holes in employment" as you are claiming. Every status of immigration has its own requirement. For example, in H1 status person must work with H1 petitioner, otherwise he will be out of status. An H4 is not allowed to work. AOS is has no requirement regarding employment. On the contrary, if an adjustee does not have any other kind of dual-intent working visa (e.g H1, L1), the person is NOT allowed to work - unless he obtains EAD card, based on his AOS. AOS status itself does not provide permission to work. And applying for EAD in AOS stage is optional. If someone did not apply for EAD card and not working, he is not making any "holes in employment".
pralay said:
If it does not dig 'holes in employment' , then it should n't dig 'holes in intent' also during/after 485 stage.
So, you mean, one can apply 485 (but not EAD) and sit quiet/idle expecting 485 approval. If RFE comes after one year of filing 485 for employment history/verification, one can just say I'm sitting idle for last one year and I and GC sponsor do have good Intent.
Even after getting GC also, I still sit idle just by keeping intent. Is that fine?Then why AC-21 ? I'll apply EAD for my spouse to work, I just relax sitting/watching TV at home just by keeping Intent.
I dont think USCIS will buy it?
lohith said:
Is this information a news to you?????
lohith said:
There is nothing wrong to sit idle, if you have a job offer in hand (the job offer for "future employment" i.e. GC job).
In fact, for your information, that's the very reason there a thing called consular processing, where the person can land on USA with immigration visa only after CP approval and then start working in GC job (excluding the cases where the persons are already in USA, but still applied for CP).
lohith said:GC sponsor do have good Intent.
That's the million dollar question - the immigrant's action after getting GC. If that answer was simple we wouldn't have this thread.
lohith said:
AC21 is for future employment. It has nothing to do with your "idle status" in AOS. In AC-21, you need job offer from another company in similar job (instead of your original GC sponsorer).
lohith said:
Yes, definitely you can do it. Only thing is that in RFE/interview (if happens) you have to show followings:
1. You have GC job offer in hand and your GC sponsorer is willing to hire you.
2. LC job is still valid (i.e requirement in the company still exists).
3. Your sponsorer has enough financial ability to hire you.
4. You intent to join your GC sponsorer once USCIS grants you GC.
lohith said:
There is no reason of not buying it, if you and your employer can demonstrate above 4 points.
Last edited by a moderator:
Participant
Registered Users (C)
You may need to add (I beleive)while sitting idle!pralay said:
5)Not a pubic chargefor self
6)if you are primary and sponsoring dependents you need to satisfy
your annual income is above(kinda)poverty line wages.
7)(see I134)
8)Any other?
SENTHIL MURUGESAN
Registered Users (C)
If we read Murthy.com , there was NOIR case discussed under news briefs right , any one has any idea who that person may be . Is 140 revoked after gc or before gc. Or His Issue is intent issue > Please thru some lights Gurus
"The wisdom of this practice was confirmed again recently in a Notice of Intent to Rescind (NOIR) on an approved permanent residence (I-485) case"
"The wisdom of this practice was confirmed again recently in a Notice of Intent to Rescind (NOIR) on an approved permanent residence (I-485) case"
SENTHIL MURUGESAN said:
It the article says, "It can be based upon mistake, fraud, or similar matters."
Risk of GC Rescission for Failure to Notify Change of Job / Employer!