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Regd Labor Certifications
- Thread starter sisir11
- Start date
quietrioter
Registered Users (C)
related question
If one is getting his GC processed thru a company different than his/her current company does he/she have to join that company at all at any stage in the process?
If one is getting his GC processed thru a company different than his/her current company does he/she have to join that company at all at any stage in the process?
quietrioter
Registered Users (C)
Thanks for the replies. Just to clarify I wanted to know if I HAVE to
join the sponsoring company at all.Can I continue working for my current company?
Thanks
join the sponsoring company at all.Can I continue working for my current company?
Thanks
Good question.
There is no definitive answer. AC21 permits portability 180 days after the I-485 is filed if it remains unadjudicated. The question is "Does AC21 apply to a person who has NEVER worked for the sponsoring employer?". AC21 has no restrictions and many attorneys have latched on to the absence of restrictions and say that there is no requirement to ever work for the sponsor. I disagree since regulations such as these would permit the creation of a "house of cards" and almost allow a company to sell GC processing when there is never really any intent for the alien to work for the sponsor. I can't believe that I am the only one that realizes this opportunity for abuse exists (I'm just not that smart) and I can't believe that INS will permit this to occur. Therefore I think BCIS will draft regulations that require the person to work for the sponsor for a period of time at some point. In the absence of those regulations, it is impossible to say anything for sure. We'll know when BCIS gets aroung to creating the regulations. We've been waiting for 2 years now.
There is no definitive answer. AC21 permits portability 180 days after the I-485 is filed if it remains unadjudicated. The question is "Does AC21 apply to a person who has NEVER worked for the sponsoring employer?". AC21 has no restrictions and many attorneys have latched on to the absence of restrictions and say that there is no requirement to ever work for the sponsor. I disagree since regulations such as these would permit the creation of a "house of cards" and almost allow a company to sell GC processing when there is never really any intent for the alien to work for the sponsor. I can't believe that I am the only one that realizes this opportunity for abuse exists (I'm just not that smart) and I can't believe that INS will permit this to occur. Therefore I think BCIS will draft regulations that require the person to work for the sponsor for a period of time at some point. In the absence of those regulations, it is impossible to say anything for sure. We'll know when BCIS gets aroung to creating the regulations. We've been waiting for 2 years now.
About Labor
Hi All,
I read in one of the posts here that you can join a sponsoring company once the labor is cleared. What labor is this? State of Federal?
Another question that I have is of the priority dates. My labor was filed with the CT SESA in Dec 2002. I understand my priority date is the date it was received by the SESA. Now when it moves (hopefully) to the DOL does my priority date stay the same or changes to the date it was received by the DOL?
Thanks in advance.
Hi All,
I read in one of the posts here that you can join a sponsoring company once the labor is cleared. What labor is this? State of Federal?
Another question that I have is of the priority dates. My labor was filed with the CT SESA in Dec 2002. I understand my priority date is the date it was received by the SESA. Now when it moves (hopefully) to the DOL does my priority date stay the same or changes to the date it was received by the DOL?
Thanks in advance.