Sub. LC (Possible not to work until I get GC?)

[woonhee]

This is my friend case.
She is currently on OPT (F-1). Her OPT ends Jan., 2004. She recently filed I-140/I-485 with substitute labor case and already got EAD and AP.
The question is this. Can she wait until she gets GC? If not, does anyone can tell when she has to start work for the employer? She is trying to maintain her F-1 status as long as possible just in case the GC process gets screwed up. Thanks.

 

[Jim Mills]

Originally posted by woonhee
Can she wait until she gets GC? If not, does anyone can tell when she has to start work for the employer?

Technically, yes. However, USCIS may seriously question her intent, and could readjudicate the employer's ability to pay, if she is not working for the sponsoring employer when she is in the US and available to do so. She must start working when the GC is approved and I would strongly recommend that she be working for the sponsor if she goes to an interview.

 

[woonhee]

Thanks for the clarification, Jim.