Employer not calling to US..What I've to Do now?

[ez100]

Hi Gurus,

I got my GC through Consular Processing in Chennai 2 months back..

What I feel that my employer not calling me to on-site
but still I'm working for the employer in Chennai.

I've 6 months time-frame to come to US.

Is it possible I can make a trip to US with my own money(flight ticket/accommodation) & without contact my employer & Get I-551 &
Apply SSN & Go for Job(to different employer) ?

Thanks

[ramish1213]

Re: Employer not calling to US..What I've to Do now?

ez,

This is my opinion. You can visit US with your own money, get the stamp, apply for SSN and then go back to India. Within a month you should get your GC Card to your US address.

This way you can ensure the greencard and once you get the greencard you can decide your next course of action.

You can also consider coming to the US and having a showdown with ur office, refusing to go to work in India. If they refuse, it is not an immigration fraud. You contracted with your employer to work in the US. If they dramatically change the contract, ie. require to work in India - they have dramatically changed the contract and it is not a similar offer. And you have every right to leave them.
But considering the present job market, I am not sure it is risky decision. However, if you have the financial staying power for a few months you can easily do it.

This is my personal opinion, you may want to check others and consider all factors before making this decision.

[JoeF]

Re: Employer not calling to US..What I've to Do now?

"If they dramatically change the contract, ie. require to work in India - they have dramatically changed the contract and it is not a similar offer. And you have every right to leave them."

Sure you have that right. However, in this case the job as specified by the LC and the job offer letter doesn't exist anymore, so entering the US with an immigrant visa based on the (no longer existing) job offer is fraud.
This whole thing is too serious to take chances. The original poster should discuss this with an immigration lawyer.

[stl1859]

Re: Re: Employer not calling to US..What I've to Do now?

Good explanation JoeF . However consider this scenario - A person enters the US on a GC, works for the sponsoring employer for two months and is then asked to go back to India because the employer doesn't have any position for the person anymore. [..like current assignment ends and the employer can't find a new one] . Would that be a good reason for the person to quit and start looking for a new job ?

Would like to know what you [and other experts] think about this particular scenario

Thanks

[JoeF]

Such a scenario is simple. The job changed from what was specified in the LC, therefore the employee is no longer obligated to stay with the employer.
The thing here really is that if the employer changes the job duties *after* the employee got the GC and started working in the job, the employee can say "I really want to continue working in the job as specified in the LC and the job offer, but this is not the job I want and agreed to work in".

[KMS]

It is risk worth taking

Enter the US, take SS no and PR Card and return back to india.

[JoeF]

NO!

This would not only be risky, but illegal.
And since there is no statute of limitation in the immigration law, you would be vulnerable for the rest of your life. All that is needed is a complaint by a disgruntled ex-wife or by a coworker to INS.
Also, do you really want to start your new life in the US as a criminal?