travelling to usa after cp

[gctalk]

Hi,
I have obtained immigrant visa (sealed packet) by the cp interview at Chennai consulate. Now i'm on bench for the past 2 months and my employer is trying to find an on-site assignment. my company is not having much projects and already 2 months gone, so i'm worried whether i will be able to go to usa before 6 months time frame given. in this situation shall i join another company in chennai and travel to usa thru that new company? can i use my cp to travel thru the new company? i have not travelled to usa after cp and got my plastic green card yet. please advise.

[JoeF]

Re: travelling to usa after cp

You absolutely have to join the sponsoring company and start at the job as described in the job offer letter when you travel to the US with the immigrant visa.
The immigrant visa is based on that. If you switch to another company, your visa becomes invalid.

[gctalk]

Traveling to USA after CP

Thanks for your reply. In that case, if my employer is not able to place me on-site within the 6 months time limit, Do you mean I have to loose my GC? What if I get laid off during this 6 months time limit? I can't use this cp packet and travel to USA and look for a job there? There is no other way I can travel to USA and get the GC?

[JoeF]

Re: Traveling to USA after CP

Your employer gave you a job offer letter. That, and the original LC, are the basis for the Immigrant Visa. If the employer doesn't honor the job offer or retracts it, the IV is invalid. Period.
If you travel to the US with the IV, you have to start working immediately with the sponsoring employer in the job stated in the LC and the job offer letter. If you don't you commit immigration fraud.You can't "look for a job".
I'm sorry, but these are the hard facts.
At the time of becoming a PR, i.e., at the time of entering with the IV, you have to have the good faith intent to work for the sponsoring employer "indefinitely". That means that you shouldn't even think about changing jobs, much less actively looking for another job.

To summarize: the only way to get the GC in your situation is to get your employer to honor the job offer within the 6-month timeframe.

[gctalk]

extending the 6 moths time limit

Hi,
Thanks for your advice. In case if my employer is not able to place me on-site with in this 6 months time limit, is there any way I can extend this period? otherwise what is the procedure to get the gc? Do I need to take the interview again? or I have to go thru' the whole gc process again? Please advise the what needs to be done if I'm not travelling with in this 6 months time limit to USA.

[JoeF]

Re: extending the 6 moths time limit


Note that it only talks about circumstances forcing you to stay abroad longer. This usually means something like illness or other emergencies in the family. I think you'd have a hard time getting a new immigrant visa because of issues with the job offer. The job offer has to be valid throughout the process.
You definitely should seek the advice of a competent immigration lawyer.
If worse comes to worse, you may in fact have to start from scratch. A lawyer can advise you better about this than any of us lay people here.

[uliveulearn]

Dear GC,
Ask If your Chennai Co can give you a letter of deputation to US as a Sales Trip, then you can enter US on your own cost and stay here for a week and return back. That way you will get your Plastic card mailed to your friends address and also protect your GC. However since the Co is not gonna keep u here, and you must return to Chennai, then travel alone the first time. After you leave to Chennai, you have 6 months to return back to US. Meanwhile from Chennai you can search for a new job in US. Onvce you get that, resign and return to US as a GC holder , But you have only 6 months to do that

[JoeF]

Re: travelling to usa after cp

This would be illegal. You absolutely have to start working for the sponsoring company right after you enter the US with the immigrant visa. Anything else would be immigration fraud. Period.