should I use EAD?

P

programmer76

Registered Users (C)
--------------------------------------------------------------------------------

HI,

I've filed a green card with my friend's consulting company. My I140 is approved and my I 485 is pending for more than 3 years now. I'm on EB3 category and I don't see any lights in this dark tunnel All these years I'm working with this consulting company only but know I would like to move in life and start working on a permanent job with some other company which has nothing to do with my green card process. But job position is similar to my green card petition.

I’m in good terms with my friend's company who has filed my green card and they are ready to hire me and let me work with them once my I-485 is approved for period of at least one year. so in my case I intend to work with the same employer who filed my green card petition once my I-485 is approved but in the interim time while I’m waiting for my pending I-485 application I'm planning to work with some other employer in the similar job position.

(1) Can there be any compilations in my green card if I start working with a new employer while my I-485 is pending?


(2)In this scenario do I have to file AC21? What I understand after reading this forum was that ac21 is when you leave your employer who filed your GC. But in my case I’m planning to work with them once I get my GC. So when I change job do I have to send any notification to USCIS?

Gurus please reply.

Thanks
 
programmer76 said:
--------------------------------------------------------------------------------

HI,

I've filed a green card with my friend's consulting company. My I140 is approved and my I 485 is pending for more than 3 years now. I'm on EB3 category and I don't see any lights in this dark tunnel All these years I'm working with this consulting company only but know I would like to move in life and start working on a permanent job with some other company which has nothing to do with my green card process. But job position is similar to my green card petition.

I’m in good terms with my friend's company who has filed my green card and they are ready to hire me and let me work with them once my I-485 is approved for period of at least one year. so in my case I intend to work with the same employer who filed my green card petition once my I-485 is approved but in the interim time while I’m waiting for my pending I-485 application I'm planning to work with some other employer in the similar job position.

(1) Can there be any compilations in my green card if I start working with a new employer while my I-485 is pending?

------------------ you can join new employer, you are eligible for AC21.
(2)In this scenario do I have to file AC21? What I understand after reading this forum was that ac21 is when you leave your employer who filed your GC.
---------------- you are going to join new employer while I-485 is pending at the time of I-485 approval you may be with this new employer better invoke AC21
But in my case I’m planning to work with them once I get my GC.
So when I change job do I have to send any notification to USCIS?
----------USCIS "expects". what harm do you see if invoke AC21?
Gurus please reply.

Thanks
Click to expand...
--- you can join with EAD but it is in your intrest if join by H1 transfer
 
Thanks for your reply. However I don't understand one thing here. If i get query for employment verification after joining new employer, I'm going to ask my friend's consulting company only to reply to that letter and confirm that they are read to hire me once i get my GC.

Can my friends consulting company reply to employment verifiation letter or only my new employer must reply to that letter?

After joining new job my whole GC file gets transferred to the new company?

why are you suggesting to join new employer on H1? what is the benefit of it? what will be my options if I get laid of from my new job after transferring my H1 there?

My sincere thanks to you in advance.
 
programmer76 said:
Thanks for your reply. However I don't understand one thing here. If i get query for employment verification after joining new employer, I'm going to ask my friend's consulting company only to reply to that letter and confirm that they are read to hire me once i get my GC.

Can my friends consulting company reply to employment verifiation letter or only my new employer must reply to that letter?
----------- i think your friend company sent job offer letter with USCIS, it is not problem if that company send the letter but you are not working with that company if at the time of I-485 approval they can send RFE then it is better to send job offer letter of the company where you are working.
After joining new job my whole GC file gets transferred to the new company?
----------------- I-485 will be approved in the latest permanent job offer letter invoking AC21
why are you suggesting to join new employer on H1?
-------------so that if I-485 gets denied dure to any reason you will have H1 status to work.
what is the benefit of it?
--read above or search the threads
what will be my options if I get laid of from my new job after transferring my H1 there?
----------------- if I-485 gets approved you will have GC. if I-485 is still pending at that time find new employer or join your friend company. for more info you can talk to your lawyer according to your situation at that time
My sincere thanks to you in advance.
Click to expand...
-----------
 
Thanks Ginu. I want to clarify about the H1 status.

If a person has not applied for GC and working on H1 visa and if he is laid off then he should find job within 2 months( dont know the exact time frame but ASAP) to be in legal status.

what about the person who has I485 pending with one company and he is working on H1 status with another company and laid off? Because of H1 transfer situation ( not all the company want to transfer H1 visas) If it takes a while to find the next job then is there a problem? OR person can take as much time as he wants in finding the next job because I 485 is pending?


Thanks
 
programmer76 said:
Thanks Ginu. I want to clarify about the H1 status.

If a person has not applied for GC and working on H1 visa and if he is laid off then he should find job within 2 months( dont know the exact time frame but ASAP) to be in legal status.

what about the person who has I485 pending with one company and he is working on H1 status with another company and laid off? Because of H1 transfer situation ( not all the company want to transfer H1 visas) If it takes a while to find the next job then is there a problem? OR person can take as much time as he wants in finding the next job because I 485 is pending?


Thanks
Click to expand...

If your I-485 is pending you can take as much time as you want to find job, you will be legal. The point is; if your application is about to be approved and you have interview without work, the situation may be worse and may affect your application.
 
Urgent And Time Sensitive, Support Senator Obama's Bill On Limiting Fbi's Name Check

Dear All:

Whether your citizenship has finally been approved, your case is pending or you are getting started, you know the need for reform in the stalling process that can take for years. Many of you are already aware of the "Citizenship Promotion Act" introduced by Senator Obama on March 7, 07. This bill limits the increase in the immigration fees, but most importantly delineates time frames for FBI name check, which has a backlog of 300,000 and are reviewing cases "manually". I have started a petition in support of the bill. Please be informed that the bill also supports applicants of permanent residency in their name check process as well. WE ALL NEED TO SIGN IT AND ALSO PASS IT ON TO ALL OF THE FRIENDS AND FAMILY MEMBERS WHO ARE OR HAVE BEEN ENTANGLED BY THE OVERDUE IMMIGRATION PROCESSES. THE MORE SIGNATURES WE HAVE, THE MORE WE WILL BE ABLE TO OBTAIN ADVOCACY FOR THE BILL BY THE CONGRESSMEN AND SENATORS.

PLEASE SIGN AND PASS FORWARD FOR ANYONE AND EVERYONE TO SEE.
http://www.petitiononline.com/nc082505/petition.html
BITA
 
programmer76 said:
Thanks Ginu. I want to clarify about the H1 status.

If a person has not applied for GC and working on H1 visa and if he is laid off then he should find job within 2 months( dont know the exact time frame but ASAP) to be in legal status.

what about the person who has I485 pending with one company and he is working on H1 status with another company and laid off?
-----------no problem you have I-485 pending or AOS pending(keep the valid EAD)
Because of H1 transfer situation ( not all the company want to transfer H1 visas) If it takes a while to find the next job then is there a problem?
----------------------Yes, you need to have permanent job offer at the time of I-485 approval
OR person can take as much time as he wants in finding the next job because I 485 is pending?

------------------mmed is correct "The point is; if your application is about to be approved and you have interview without work, the situation may be worse and may affect your application."
Thanks
Click to expand...

-------
 
Thanks Gurus.

Now I understand that At the time of interview/ I485 approval person need to have a valid job offer. Lot of my friend has consulting companies. If i'm jobless at the time of my interview can I get job offer letter from any of my friend's company with similiar job description according to which my labor was filed and go for interview? Or I should have worked with that company for few months before I go for interview?


I assume most of the people don't get interviews.Once I485 is approved people get GC in the mail. Am I right?
 
programmer76 said:
Thanks Gurus.

Now I understand that At the time of interview/ I485 approval person need to have a valid job offer. Lot of my friend has consulting companies. If i'm jobless at the time of my interview can I get job offer letter from any of my friend's company with similiar job description according to which my labor was filed and go for interview? Or I should have worked with that company for few months before I go for interview?


I assume most of the people don't get interviews.Once I485 is approved people get GC in the mail. Am I right?
Click to expand...

In the interview you try to show the best, because this is almost the most important minute in your application, either approval or denial. A letter from your friend as a consultant or so will not put you in strong position. The immigration knows all that and want you to have your W-2, tax filling, Pay stub and so on to be 100% that this person will benefit the community in some way or another. Even if 1% or less only get interviews, you should consider yourself one of those and act accordingly.
 
what if I get the letter from the same company who has filed my Gc and with whom I've worked in the past couple of years and left them on mutual understanding that I will be working with them once I get my GC. Can that letter be strong enough?

Also if i use letter from them only then I don't have any issues related to explaining that job descriptions is the same.Am I right?

( I'm in good terms with the company who has filed my GC and working with them since last 3 years. They can give me this type of letter even when i start working on EAD with other company.)
 
programmer76 said:
what if I get the letter from the same company who has filed my Gc and with whom I've worked in the past couple of years and left them on mutual understanding that I will be working with them once I get my GC. Can that letter be strong enough?

Also if i use letter from them only then I don't have any issues related to explaining that job descriptions is the same.Am I right?

( I'm in good terms with the company who has filed my GC and working with them since last 3 years. They can give me this type of letter even when i start working on EAD with other company.)
Click to expand...

What's your argument for leaving your current employer and joining them back after your GC is approved?

If you can provide a strong argument of why you left the company that sponsered your GC and which you plan to join in the future, then you might have a case. What mmed was trying to say is that if they find loopholes in your case, then it will affect your chances of getting approved for a GC.
 
Ginu:So if unluckily at the date when I-485 is approved if a person is jobless and he is called for interview then his GC application is messed up?


Minn Labor: why my case can be suspicious if i leave the company who filed my GC and join them once after i get my GC? Isn't GC petition for future employment? Also without me arguing with the officer if I get written job offer letter from the company that they will give me job once I get my GC will that help?
 
programmer76 said:
Ginu:So if unluckily at the date when I-485 is approved if a person is jobless and he is called for interview then his GC application is messed up?


Minn Labor: why my case can be suspicious if i leave the company who filed my GC and join them once after i get my GC? Isn't GC petition for future employment? Also without me arguing with the officer if I get written job offer letter from the company that they will give me job once I get my GC will that help?
Click to expand...

This will not work at all. You can not say; this company will higher me after I get my GC any one can say that, just give me the GC and I will and will. The idea of GC (emplyoment based) is that person is highly desirable and an employer already highered him and already filed GC petition for him and keeping him intentionally for permanent position. The other way is; the candidate is highly desirable and find another job in the same field with better chances to benifit the US and the second job is similar or better, not the reverse.
 
programmer76 said:
Ginu:So if unluckily at the date when I-485 is approved if a person is jobless and he is called for interview then his GC application is messed up?


Minn Labor: why my case can be suspicious if i leave the company who filed my GC and join them once after i get my GC? Isn't GC petition for future employment? Also without me arguing with the officer if I get written job offer letter from the company that they will give me job once I get my GC will that help?
Click to expand...

If you don't have a job during your I-485 interview then the chances of your GC getting approved are close to zerio.

Second, when I said argument, I didn't mean you arguing with the officer. Argument is a word that is used to state your point of case.
Tell me two things

First, why you are leaving your current sponsoring employer?
Second, why do you plan to join them back after GC approval?
 
(1)I'm working with an IT consulting company. I am in EB3 retrogressed category priority date 2003. I dont see my Gc coming any soon.Because the consulting company has clients all around USA, i have to resettle where ever the client is. I'm tired of doing that since last 3 years. I want to get a permanent job and stop this consulting mess. Because of that i'm planning to quit my employer who has sponsered my GC. I will still be in good terms with them because it is coOwned by my friend and also because i have earned them enough money by doing all this consulting work for them since last 3 years.

(2) I plan to join them back only in the worst case. Lets say i'm called for an interview for I485 and at that time I'm jobless then at that time they can help me out by giving me an employment letter if needed. That's the only reason for me to join them back.

I will appreciate your feedback.

Thanks
 
You must log in or register to reply here.
Top