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monikakumari
04-16-2012, 01:44 AM
How much I can delay joining sponsoring company after GC for future employment?


I came from India on H1B filed by a consulting company A based in Atlanta in 2007. Was contracting on corp to corp postitions for first few years. My labor and perm were filed in 2008 thru the company A in Eb2. While working at client B, they converted me full time employee in Aug 2009 and I started working on thier H1. Company A agreed that they will not cancel my GC process and I can come back to work with them once the GC is approved. Now in Mar 2012, my GC got approved and B's attorney says I must have to go back to company A to work , if not I could face having my GC revoked for not being working for that company.

Now my question is like this:
How much time I have to go back to A. B's attorney says it must be done in a reasonable period of time like 30 days. A's attorney says its not defined the number of days but there must be intention to join the sponsoring company and few days here or there is fine.Though I was planning to join in 4-5 weeks time of GC approval, now I realie that If I spend 5 more months with B after the GC approval, I will get employer contribution to my 401K which is a very good amount and I am trying to find if I can postpone my joining A for these many months.

I do not have issue with staying with B for long time like a year or longer but just trying to complete three years at B.

To me it looks okay as GC is for future employment and as soon as GC is approved, I do not need to rush to join the company and I should take "some" time. Question is if this can be 5-6 months or it must but in days or weeks.

snathan
04-16-2012, 08:30 AM
How much I can delay joining sponsoring company after GC for future employment?


I came from India on H1B filed by a consulting company A based in Atlanta in 2007. Was contracting on corp to corp postitions for first few years. My labor and perm were filed in 2008 thru the company A in Eb2. While working at client B, they converted me full time employee in Aug 2009 and I started working on thier H1. Company A agreed that they will not cancel my GC process and I can come back to work with them once the GC is approved. Now in Mar 2012, my GC got approved and B's attorney says I must have to go back to company A to work , if not I could face having my GC revoked for not being working for that company.

Now my question is like this:
How much time I have to go back to A. B's attorney says it must be done in a reasonable period of time like 30 days. A's attorney says its not defined the number of days but there must be intention to join the sponsoring company and few days here or there is fine.Though I was planning to join in 4-5 weeks time of GC approval, now I realie that If I spend 5 more months with B after the GC approval, I will get employer contribution to my 401K which is a very good amount and I am trying to find if I can postpone my joining A for these many months.

I do not have issue with staying with B for long time like a year or longer but just trying to complete three years at B.

To me it looks okay as GC is for future employment and as soon as GC is approved, I do not need to rush to join the company and I should take "some" time. Question is if this can be 5-6 months or it must but in days or weeks.

You must join asap...USCIS is doing random audit of cases like yours. You are picked up for audit, you would lose you GC.

frustratingGC
04-16-2012, 08:41 AM
With many uncertainties in I485 applying/approval timelines, USCIS cannot push someone to join a company within short time. Some people are waiting for 15 years for GC so why USCIS can't wait for 6 months. Better call USCIS for this, if you think calling USCIS is risky, ask another GC holder to call.


How much I can delay joining sponsoring company after GC for future employment?


I came from India on H1B filed by a consulting company A based in Atlanta in 2007. Was contracting on corp to corp postitions for first few years. My labor and perm were filed in 2008 thru the company A in Eb2. While working at client B, they converted me full time employee in Aug 2009 and I started working on thier H1. Company A agreed that they will not cancel my GC process and I can come back to work with them once the GC is approved. Now in Mar 2012, my GC got approved and B's attorney says I must have to go back to company A to work , if not I could face having my GC revoked for not being working for that company.

Now my question is like this:
How much time I have to go back to A. B's attorney says it must be done in a reasonable period of time like 30 days. A's attorney says its not defined the number of days but there must be intention to join the sponsoring company and few days here or there is fine.Though I was planning to join in 4-5 weeks time of GC approval, now I realie that If I spend 5 more months with B after the GC approval, I will get employer contribution to my 401K which is a very good amount and I am trying to find if I can postpone my joining A for these many months.

I do not have issue with staying with B for long time like a year or longer but just trying to complete three years at B.

To me it looks okay as GC is for future employment and as soon as GC is approved, I do not need to rush to join the company and I should take "some" time. Question is if this can be 5-6 months or it must but in days or weeks.