Can any company sponsor the GC, or only current employer ?

[viv98]

Hi guys,

I am not sure whether it is true or not :

Can a company sponsor the green card for a person who is not employed by it?

The reason of posting this topic is because it is said that GC is for future employment (the same is mentioned in I-140 also) and the company(sponsor) is unable to recruit the required skilled workers available in US.

I heard the same from few people.

Any comment is welcome.

[jt2002]

GC is for future employment

A company can sponsor your GC even if you are not employed with them.

See
pub107.ezboard.com/fimmih...1267.topic
for my experience related to this issue.

[watchtsc]

Re: Can any company sponsor the GC, or only current employer

GC is for future employment so any company can sponsor that.

But I remember through one of these discussion forums that NSC has sent a RFE asking the candidate When the company intent to employ you why are you working with a different company.

Per law the IIO can not object & he can not refuse approval. Because the person can have some reason not to join immediately like commitment with present employer etc.

So bottom line yes you can do that.

[viv98]

Re: Can any company sponsor the GC, or only current employer

Thanks everybody for your valuable comments !

Hi jt2002,
I read your post. Excellent work !

It appears that after your H1 expired you continued working with the same company but at different location (in India). And since you were still working with them (no matter where) they kept your GC process alive.

Consider the other case where someone starts GC process with a co. that offers future employment (but currently has no professional relationship with the applicant). You know it (GC) may take 1yr, 2yrs or more to complete. If at the final stage the co. is no longer interested in the applicant (due to the job does not exist now, has hired someone else, policy change etc.), all the efferts and waiting pain may go in vain.

What do you say?

[jt2002]

Re: Can any company sponsor the GC, or only current employer

viv98,

In my case, the consular officers did not know I was working with the same company in India. They didn't ask and I did not tell.

In the case that you have mentioned, that would be an unfortunate situation. The company that filed for the GC could rescind the offer at the last minute and not issue a valid job offer letter that is required for the CP interview.

This could also happen with the company that one is working for currently. One could get fired, laid off, etc. after the GC process has been started.

-- jt2002