Should I go back to my sponsoring employer?

[skosian]

I left my sponsoring company prior to I-140 approval, after working exactly 181 days past I 485 filing receipt date (note that the notice date is actually less than 180 days, could this be a problem?). Sent a letter to USCIS notifying of change of employment. I 140 was approved after about 8 months of filing and shortly after AC21 letter was sent. After a month received an RFE on I485 requesting for a) 3 months paystubs, b) EVL letter from current employer, c) letter from sponsoring company stating their "continued interest in hiring me".
Sent all that was requested. As per my lawyer's instruction the letter from sponsoring company said that I will be "hired upon the approval of green card" and my salary will be the amount mentioned in the labor certificate.

The questions I have
1) should I really go back and work for the sponsoring company when my GC is approved? If yes for how long?
2) What if at that time there is no offer from sponsoring company?
3) What if there is an offer but I do not wish to work for them?

I would appreciate if someone could give a definitive answer.
Thank you in advance.

 

[ginnu]

I left my sponsoring company prior to I-140 approval, after working exactly 181 days past I 485 filing receipt date (note that the notice date is actually less than 180 days, could this be a problem?). Sent a letter to USCIS notifying of change of employment. I 140 was approved after about 8 months of filing and shortly after AC21 letter was sent. After a month received an RFE on I485 requesting for a) 3 months paystubs, b) EVL letter from current employer, c) letter from sponsoring company stating their "continued interest in hiring me".
Sent all that was requested. As per my lawyer's instruction the letter from sponsoring company said that I will be "hired upon the approval of green card" and my salary will be the amount mentioned in the labor certificate.

The questions I have
1) should I really go back and work for the sponsoring company when my GC is approved? If yes for how long?
----- no need as you have used AC21 be with the employer after I-485 approval whose letter you submitted with AC21, I hope you sent new employer job offer letter

2) What if at that time there is no offer from sponsoring company?
------- your new employer has given you letter for future job offer that you sent to USCIS to use AC21, you have future job offer
3) What if there is an offer but I do not wish to work for them?
---explain in detail, I cant guess what is in your mind
I would appreciate if someone could give a definitive answer.
Thank you in advance.

 

[skosian]

1) should I really go back and work for the sponsoring company when my GC is approved? If yes for how long?
----- no need as you have used AC21 be with the employer after I-485 approval whose letter you submitted with AC21, I hope you sent new employer job offer letter

Perhaps I was not clear, my I-485 is not approved as of yet and AC21 letter was sent before the approval of I-140. It was just an employment verification letter stating details and salary of the new job. (I am thinking this is what AC21 letter is supposed to be but maybe not exactly)
Then after I 140 was approved there was an RFE for I-485 asking for future job offer letter and current job EVL, which were both sent.

2) What if at that time there is no offer from sponsoring company?
------- your new employer has given you letter for future job offer that you sent to USCIS to use AC21, you have future job offer

Let's say my green card gets approved and my sponsoring employer says he has no position for me although he promised to hire me earlier. Would this scenario jeopardize my green card status?

3) What if there is an offer but I do not wish to work for them?
---explain in detail, I cant guess what is in your mind

Suppose my green card gets approved and my sponsoring company calls me and offers a position. Do I have to take it in order to keep my GC alive?

 

[ginnu]

Perhaps I was not clear, my I-485 is not approved as of yet and AC21 letter was sent before the approval of I-140.
--- why you sent AC21 before I-140 was not approved?? you were supposed to file AC21 after I-140 approval AND I-485 pending more than 180 days. if the past employer who filed I-140 has not withdrawan I-140 or cancelled /revoked I-140 and your I-485 has been pending more than 180 days then you MAY be OK
It was just an employment verification letter stating details and salary of the new job. (I am thinking this is what AC21 letter is supposed to be but maybe not exactly)
----- yes that is AC21 letter did you also sent your Intent change letter that you would like to work with new employer after I-485 approval?? did you attach copy of I-485 filing reciept??
Then after I 140 was approved there was an RFE for I-485 asking for future job offer letter and current job EVL, which were both sent.
-------- You are OK if they sent RFE and replied I dont think they would have sent RFE if I-140 was revoked


Let's say my green card gets approved and my sponsoring employer says he has no position for me although he promised to hire me earlier. Would this scenario jeopardize my green card status?
---- can be, better find new employer before i-485 gets approved and again sendAC21 from other employer. if after I-485 approval and stamping of GC the employer gives you letter that they dont have permanent job for you then you will be ok as you wanted to work but employer did not had job, keep that letter with you till you apply citizenship





Suppose my green card gets approved and my sponsoring company calls me and offers a position.
----- which company? the company who filedI-140 and LC or the company whose letter you used for AC21????
Do I have to take it in order to keep my GC alive?

 

[skosian]

--- why you sent AC21 before I-140 was not approved?? you were supposed to file AC21 after I-140 approval AND I-485 pending more than 180 days. if the past employer who filed I-140 has not withdrawan I-140 or cancelled /revoked I-140 and your I-485 has been pending more than 180 days then you MAY be OK

My lawyer said send the letter as soon as possible. I didn't realize it had to be after I-140 approval. But I am sure company A has not revoked my I-140.

----- yes that is AC21 letter did you also sent your Intent change letter that you would like to work with new employer after I-485 approval?? did you attach copy of I-485 filing reciept??

I didn't write a letter from myself but the new employer (company B) said in the letter that they will pay me the salary mentioned in the LC filed by company A upon the approval of GC. I suppose that took care of my intent to stay with new employer.
As to copy of I-485 filing receipt I am not sure as my lawyer was the one who sent out.

---- can be, better find new employer before i-485 gets approved and again sendAC21 from other employer. if after I-485 approval and stamping of GC the employer gives you letter that they dont have permanent job for you then you will be ok as you wanted to work but employer did not had job, keep that letter with you till you apply citizenship

I am going to be employed by a company C by that time. I have a chance to go to company A who sponsored my LC and I-140 but that is not guaranteed. My question was about company A. So are you saying in that case I should get a letter from A stating they don't have an openning for me?

Suppose my green card gets approved and my sponsoring company calls me and offers a position. Do I have to take it in order to keep my GC alive?
----- which company? the company who filedI-140 and LC or the company whose letter you used for AC21????

Sorry about the misunderstanding, I meant company A who filed I-140 and LC.

Thanks for your time ginnu, things are getting clearer for me

 

[ginnu]

My lawyer said send the letter as soon as possible. I didn't realize it had to be after I-140 approval. But I am sure company A has not revoked my I-140.



I didn't write a letter from myself but the new employer (company B) said in the letter that they will pay me the salary mentioned in the LC filed by company A upon the approval of GC.
------ they were ( new company) supposed to write the SAME/SIMILAR job duties /skills on job offer letter to use AC21, go to lawyer who filed AC21 letter and check the copy of letter that they sent. are you sure they sent? have any proof?

I suppose that took care of my intent to stay with new employer.
---- It would have been better if YOUR letter to change your Intent was also enclosed with your signatture on It. do you think if any employer sends letter for my I-485 without any consent from me the USCIS will accept this??? does it mean any employer can send any kind of letter for my I-485????? ask this to your lawyer and it seems he is bad lawyer
As to copy of I-485 filing receipt I am not sure as my lawyer was the one who sent out.
----- If the I-485 copy is not sent then it will go to trash. they dont get dreames where to attach this letter if they dont have the copy of I-485 pending reciept attached with letter


I am going to be employed by a company C by that time.
---- then send the company C letter and use AC21

I have a chance to go to company A who sponsored my LC and I-140 but that is not guaranteed.
---- if you want to go with A then also update USCIS, make up your mind before I-485 gets approved
My question was about company A. So are you saying in that case I should get a letter from A stating they don't have an openning for me?
------ You are confused man, write every thing stepwise again to understand the full case, I dont have tiome to spend reding your past posts . others may help you



Sorry about the misunderstanding, I meant company A who filed I-140 and LC.

Thanks for your time ginnu, things are getting clearer for me

 

[skosian]

Company A has filed my LC & I-140. I have left A for company B before I-140 approval but after 180 days of filing I-485.
After my I-140 was approved USCIS wanted to know if A is willing to hire me back when my GC gets approved. Company A has provided a letter saying yes, it will hire me as soon as my GC is approved.

Question: do I really have to be hired by company A when my GC is approved?

 

[ginnu]

Company A has filed my LC & I-140.
I have left A for company B before I-140 approval but after 180 days of filing I-485.
After my I-140 was approved USCIS wanted to know if A is willing to hire me back when my GC gets approved.
Company A has provided a letter saying yes, it will hire me as soon as my GC is approved.

Question: do I really have to be hired by company A when my GC is approved?
------ yes, and if they dont hire you AFTER I-485 approval at that time better get a letter from employer A that they dont have job for you and keep that letter with you till you apply your citizenship becase you were ready to join A but A did not have permanent job for you, you will be fine and no problems for your GC or citizenship.

 

[skosian]

So does that also mean if company A offers me a job and I don't want to take it I would be in trouble?

 

[ginnu]

So does that also mean if company A offers me a job and I don't want to take it I would be in trouble?
---------- YES, becase your LC and I-140 were filed by A and by filing I-485 based on A I-140 you had the intent to join A after I-485 approval, it may be problem at the time of citizenship and GC can be revoked.
If you dont want to join A then why dont to send AC21 letter from other company that offer you future permanent job ??? ( you can file AC21 if I-140 approved AND I-485 pending more than 180 days and new job offer is in same/similar job duties as on past approved LC)
for more info you should hire your own lawyer pay the legal costs and seek legal advice

 

[skosian]

If you dont want to join A then why dont to send AC21 letter from other company that offer you future permanent job ??? ( you can file AC21 if I-140 approved AND I-485 pending more than 180 days and new job offer is in same/similar job duties as on past approved LC)
for more info you should hire your own lawyer pay the legal costs and seek legal advice

I don't have a job offer from company C as of yet, but as soon as I have an offer I will join and use AC21. So it won't be a future job offer but a present job that satisfies conditions for AC21, presumably it will go on permanently and when I get a GC I would be at this job.
My lawyer is telling me it's OK and I won't have any problems with citizenship or anything else as long as the new job is "substantially same".