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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 08-07-2007, 11:18 PM
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Default Future Job

Hi Gurus, here is a question for you. I have been reading on a lot of forums that green card application is for a "future job". If this is true, why does uscis care where the applicant is working currently and whether the person is in or outside usa. The important thing is the applicant's future employer is still willing to offer him a job at the time of AOS processing.

Can anybody explain why do then applicants get RFEs in which uscis asks them about their pay stubs, utility bills etc? Why do these matter? I can understand uscis inquiries about the ability of future employer to pay though and the RFEs around that.

If uscis doesn't care about all the things mentioned above, does this mean the applicant after filing 140/485 can work with any employer (use EAD if in usa) anywhere in the world and at the end of the day get the GC and come back to usa as long as his future employer does not withdraw job offer?

Please clarify this mystery.

Last edited by maniac; 08-07-2007 at 11:20 PM.
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  #2  
Old 08-08-2007, 05:16 AM
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Default Yes

Yes. But who's willing to hire you two/x years in the future? It's very rare to find an employer who will sponsor you and give you a job in the far future (since the wait times are so long) for nothing. Business climates, priorities, outlooks and circumstances can get totally flipped upside down in that waiting time. In other words, its more common and far more likely a scenario that you're indentured with them until you get it. But ya, you could just sit at home unemployed or work at macdonalds on ead until it arrives *and* your sponsor has the job waiting for you.

Last edited by gdilla; 08-08-2007 at 05:19 AM.
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  #3  
Old 08-08-2007, 09:27 AM
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Default

Quote:
Originally Posted by gdilla View Post
Yes. But who's willing to hire you two/x years in the future? It's very rare to find an employer who will sponsor you and give you a job in the far future (since the wait times are so long) for nothing. Business climates, priorities, outlooks and circumstances can get totally flipped upside down in that waiting time. In other words, its more common and far more likely a scenario that you're indentured with them until you get it. But ya, you could just sit at home unemployed or work at macdonalds on ead until it arrives *and* your sponsor has the job waiting for you.
Thanks gdilla. Can you also answer the second paragraph?
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  #4  
Old 08-08-2007, 10:08 AM
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milind70 has a spectacular aura about milind70 has a spectacular aura about
Default

Quote:
Originally Posted by maniac View Post
Hi Gurus, here is a question for you. I have been reading on a lot of forums that green card application is for a "future job". If this is true, why does uscis care where the applicant is working currently and whether the person is in or outside usa. The important thing is the applicant's future employer is still willing to offer him a job at the time of AOS processing.

Can anybody explain why do then applicants get RFEs in which uscis asks them about their pay stubs, utility bills etc? Why do these matter? I can understand uscis inquiries about the ability of future employer to pay though and the RFEs around that.

If uscis doesn't care about all the things mentioned above, does this mean the applicant after filing 140/485 can work with any employer (use EAD if in usa) anywhere in the world and at the end of the day get the GC and come back to usa as long as his future employer does not withdraw job offer?

Please clarify this mystery.
USCIS does not care that whether you work for the sponsoring employer when your GC processing is going on or under process,the only thing it is concerned that if you are in US then what is ur status. Secondly bear in mind you are in status when in this country,when you leave this country you are in no status hence you need to be in country to adjust status that is why USCIS is concerned whether you are in US or not when file for adjustement of status.
If you file your 485 and you state in that you are on H1 and it was filed some time ago you may recieve RFE's (paytsubs)to prove that you have maintained the status thruout your stay in US . Also make logical deductions like if ur current salary is 100K and when ur get GC your salary is comparable to what you are earning currently

The answer to your last part is a little complicated when you say filing 140/485 concurrrently and using EAD to join any employer to work anywhere in US. You can adjust status (i.e 485) only if your immigrant worker petition (i.e. 140) is approved, so consider thei scenario.
1) you are on H1 filed by company A
2) you file 140/485 sponsored theu company B
3) you get EAD you switch to company C
now if your 140 is denied then 485 is void so u r immediately out of status and will have to leave the country.
If your 140 is approved you can work for employer C or employer D but the job must be similar nature as mentioned or described in your labour .
Infact when you file 485 u are legally in US under temporary protected status till you adjust, you can work (i.e if you were on h4 prior to filing 485) provided you get EAD(permission to work).

If you are in US working for any other employer on EAD , when your GC is approved you should work for your sponsoring employer but before adjucating the USCIS officer must be convinced that you intent to join the employer and the job still exists with the mployer and is of permanent in nature which is a very difficult thing.
If you talk about anywhere in world, let me tell u an instance. A friend of mine was working in Singapore ,his company had the headquarters in US because of his performance they wnated him to come to and work in US, so they filed green card for him and he was not a single day in US when his GC was processing,he had go for CP instead of filing 485. Thats it he came to US after only he got his GC. So such cases are there but rare,since the processing times are getting longer day by day it is diffcult to get cases where employer files for GC and waits for 4 to 6 years for an employee who is not working with him a little diffcult to swallow.

Last edited by milind70; 08-08-2007 at 12:26 PM.
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  #5  
Old 08-08-2007, 10:18 AM
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Smile question

I just have this scenario.
If it sounds stupid just ignore my post.

I am working for company A.
485 has been filed and after 180 days( on the safer side let me say 240 days) i move to Company B.
When i transfer to company B (i think it wont matter if i use H-1B transfer or EAD). Dont want to get into discussion about using H-1B/EAD.

Now if i find Company C who wants to hire me after i get my GC or later on.

Meanwhile USCIS sends me a RFE about my employement, what are my options.

Thanks a lot.
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  #6  
Old 08-08-2007, 11:53 AM
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Default bump

bump^^^^^^^^^^^^^^^^
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  #7  
Old 08-08-2007, 12:25 PM
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Default

Quote:
Originally Posted by akhilmahajan View Post
I just have this scenario.
If it sounds stupid just ignore my post.

I am working for company A.
485 has been filed and after 180 days( on the safer side let me say 240 days) i move to Company B.
When i transfer to company B (i think it wont matter if i use H-1B transfer or EAD). Dont want to get into discussion about using H-1B/EAD.

Now if i find Company C who wants to hire me after i get my GC or later on.

Meanwhile USCIS sends me a RFE about my employement, what are my options.

Thanks a lot.

There are some grey areas like GC is for permnanent employement with sponsoring employer. But after acquiring GC you are can change or switch jobs easily. Atleast thats what many people presume but there have been cases when GC was revoke when people jumped jobs in short span after they got their GC when USCIS asked them why thier GC sgould not be revoked when thier intent was not to take up the job offer. But this does nto mean you can switch jobs, you can and you should they dont expect you bound the sponsoring employee for life time. In such cases discreationn of USCIS officer investigating the case comes into picture he uses his judgement like how much time the employee served the employee was it a fair enough move etc Was the intent for empoyement there in the first place etc. Hence you will find that most lawyer sites recommend not to chnage jobs for atleast six months afte getting the GC and mind you all these things are taken into consideration when you apply for naturalization.

Now coming to the question it seems techincaly correct but it there are cases when people used AC21 and they have not been issued RFEs but there are cases when people were issued RFEs when they had used AC21. There is no clear cut answer to this but again the discreation the USCIS officer uses is the intent and secondly also depends the on period elapsed or time for eg. a friend of mine who filed his 485 in 2002 was issued a RFE in 2005 about his employement ,like whom did he work for now and if he did work for the sponsoring employer ,USCIS asked for an employement letter from employer .
Changing employers when you have recnetly got GC can raise question about intent ,this might affect naturalization or questions raised right away after the move is made(even though this is rare unless someone complains ) but deifnately your LPR case is reviewed during naturalization .
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  #8  
Old 08-08-2007, 01:37 PM
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Unhappy thanks a lot......

Quote:
Originally Posted by milind70 View Post
There are some grey areas like GC is for permnanent employement with sponsoring employer. But after acquiring GC you are can change or switch jobs easily. Atleast thats what many people presume but there have been cases when GC was revoke when people jumped jobs in short span after they got their GC when USCIS asked them why thier GC sgould not be revoked when thier intent was not to take up the job offer. But this does nto mean you can switch jobs, you can and you should they dont expect you bound the sponsoring employee for life time. In such cases discreationn of USCIS officer investigating the case comes into picture he uses his judgement like how much time the employee served the employee was it a fair enough move etc Was the intent for empoyement there in the first place etc. Hence you will find that most lawyer sites recommend not to chnage jobs for atleast six months afte getting the GC and mind you all these things are taken into consideration when you apply for naturalization.

Now coming to the question it seems techincaly correct but it there are cases when people used AC21 and they have not been issued RFEs but there are cases when people were issued RFEs when they had used AC21. There is no clear cut answer to this but again the discreation the USCIS officer uses is the intent and secondly also depends the on period elapsed or time for eg. a friend of mine who filed his 485 in 2002 was issued a RFE in 2005 about his employement ,like whom did he work for now and if he did work for the sponsoring employer ,USCIS asked for an employement letter from employer .
Changing employers when you have recnetly got GC can raise question about intent ,this might affect naturalization or questions raised right away after the move is made(even though this is rare unless someone complains ) but deifnately your LPR case is reviewed during naturalization .
i think there are a lot of grey areas.
reading ur post, i think its not about my intent to work, but its the intent of the IO to give me GC or not.

Will try to follow the law, as everyone interprets the same way.
What ever u do, how hard you try i think in the end it comes on luck.

Thanks a lot once again.
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  #9  
Old 08-08-2007, 01:42 PM
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Default

w
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  #10  
Old 08-08-2007, 02:28 PM
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Talking I cant understand your response.....

Quote:
Originally Posted by kumar1 View Post
w
Are u trying to convery some information encrypted.

Just kiddin man, take it easy.
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  #11  
Old 08-08-2007, 02:35 PM
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coolvigo is on a distinguished road
Unhappy 140 from different employer

I have approved I-140 from company A and now I am with company B for last 6 months. Can I still file for I-485 ? With all the info I have gathered I think answer is NO.......i guess without company A's offer letter I cannot apply for 485 :-(

Please let me know if I have something wrong in my thinking process.
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  #12  
Old 08-08-2007, 02:44 PM
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Unhappy I think with Company A employement letter u can......

I am sorry to say, if you have not started your GC process with company B, as far as i know (understand the rules) you cannot file 485.

I might be wrong, so u should also ask senior members.

I will say talk to your employer A and see what he says.
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