Rajesh Paul - prospective employer question

C

cp_question22

New Member
How does the consular officer establish "intent to work" in any case? This applies to any prospective employer processing a GC via CP, no? I thought the idea is that one HAS to work for the employer sponsoring the GC, else one is committing immigration fraud.

My situation is exactly identical to that of a prospective employer doing a GC via CP. The only difference is that, till about a year ago, I used to work for this company.

First of all, do I have to say that I used to work for this company? Or do I just present myself as a prospective employer CP case?

Is it common for people to get thru CP when they are being sponsored by a prospective employer? If that is so, maybe it makes no sense to say that the prospective employer was an ex-employer (tho this would be obvious from the past W-2 etc).

Vivek
 
You need to present as a prospective employer

Hello Rajesh,

You have to get an employment letter from your prospective employer. GC is for future job. Whether you have worked for your prospective employer in the past has nothing to do with the GC. I was discussing the same issue with my attorney yesterday. I can email you her response if your want. There is no immigration fraud as you mentioned in line one.
 
AKS it was cpquestion asking the question......

Anyways, as AKS has mentioned, employment based GC is for future employment. The whole purpose is for employers to be able to sponsor an alien for a certain job (on a permanent basis rather than temp as in the case of H1s) for which they are not able to find a suitable locally. Infact, technically, you needn\'t even have worked in the US at all. There are different categories in EB which have different requirements, but none of them stipulate that u should be currently employed by the company.

Now given that, your concern is pretty legitimate in the sense not many companies will sponsor you for a GC without you working for them, so it could raise some eyebrows. Something that could send them even higher is if u are in US and working for another company. Obviously the question is, you (employer) have a shortage in that post, this person says he/she wants to work for you, you are willing to give this person the job, why isn\'t he/she working for u on an H1 ? Obviously, this brings the whole question of "intent" up. Ofcourse, what we should keep in mind is that the consulates generally do not scrutinize EB cases that much, but god forbid if they do, it could be a sticky question to answer.
 
You might be taking chances

They can also ask you Paystub which will be for different company. If they look closely and don\'t feel easy, they can ask you some sort of follow up questions. (Like Rajest Paul said)
I was personally debating about this option and in the end I aborted it.
 
You must log in or register to reply here.
Top