Unique Case

koinahi

Registered Users (C)
I am a regular visitor of this site. I am posting this on behalf of my friend. Gurus please help him out. He applied for GC in June 2001 and came on to bench since then .Not getting paid. Company willing to help in GC processing. Got EAD. Could not find job so far. He finished his finger prints last month. Luckily he did not get RFE so far. He is pulling his days with his wife\'s salary. Now he wonders what happens if he gets his GC and still could not find a job. Will that GC is going to be valid? How does it effects his wife\'s and child\'s GC. Please advise.
 
The onus is on

employer to offer "your friend" a job as soon as GC is approved for which the job was promised. Tell "your friend" to wait till GC is issued and then ask employer to give a job. Once GC is issued it is valid till the expired date written on GC unless INS revokes it. If I were "your friend" I would take GC and move on if promised job is not offered, rather than inform INS about its validity.
 
Thanks bholaram1. BUt what happens

down the road if INS finds out that he was not employed during the whole 485 process?
 
Post GC, INS doesn\'t have budget to investigate how you received GC a

year ago. If no RFE, then fine. After stamping and few months down
the road, INS has to divert all its sources to do that job.
 
market is getting better....

your friend should be able to find a job and then use the AC21. You cant depend upon employers for anything.
 
Immigration 101!!!

Employer can always refuse, or terminate you a job anytime. But sponsering a EB based petition without intending to hire him/her upon GC approval is Immigration Fraud. All EB based 485 applications require a letter from employer stating that job will be available upon GC approval. So its Employer\'s problem if job is not available for which they have sponsered GC.
 
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