Question of Intent, Ginnu, gurus please advise

E

ead_port

Registered Users (C)
Hi All,

My 485/140/substituted labor was filed by a company whom i never worked with. I am currently working with a company on EAD and thru which I am planning to file AC-21. My question is "can the INS question my intent to join the petioning company". I have an offer letter from them to prove their intent of hiring me, is it necessary to prove the intent in the other direction, with this whole GC process being employment oriented ?

I don't want to join the petitioning company because they are are unethical and may not pay me. My case has been transfered to the local office for interview and adjudication and lack of paystubs could become a problem at the interview.

Also I did not file AC-21 when I changed jobs earlier on EAD, could that be a problem ?
 
ead_port said:
Hi All,

My 485/140/substituted labor was filed by a company whom i never worked with. I am currently working with a company on EAD and thru which I am planning to file AC-21. My question is "can the INS question my intent to join the petioning company".
-------------- if the company job offer letter was attached with I-485 then I dont see any problem
I have an offer letter from them to prove their intent of hiring me, is it necessary to prove the intent in the other direction, with this whole GC process being employment oriented ?

I don't want to join the petitioning company because they are are unethical and may not pay me. My case has been transfered to the local office for interview and adjudication and lack of paystubs could become a problem at the interview.
--------------- if you have pay stubs from current employer then it is ok, take 3-4 recent pay stubs +copy and new employer permanent job offer letter so that you can invoke AC21
Also I did not file AC-21 when I changed jobs earlier on EAD, could that be a problem ?
--------- I dont think it is going to be problem
Click to expand...
 
But is it necessary to prove that there was an intent to work for the petitioning employer at the time of the 485 filing, does the law mandate this intent and if so, how do i prove it ?
 
ead_port said:
But is it necessary to prove that there was an intent to work for the petitioning employer at the time of the 485 filing, does the law mandate this intent and if so, how do i prove it ?
Click to expand...
Law does mandate the intent. But burden is on USCIS to show that you did not have the intent now. You need not prove it again.
 
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