Is CP only for Current Employment ???

[taz123]

Friends,

Sorry for posting way too many queries on this board but this is where I turn to help for advise and support.

I have read in many postings here that CP is only allowed when you are currently working for your sponsoring employer. I currently do not work for the company sponsoring my GC but intend to join them as soon as I get my GC. Can I go for CP or the only option I have is the I-485.

Thanks

[kw177]

Is CP only for Current Employment

Not leal Advice:

>I have read in many postings here that CP is only allowed when you are currently working for your sponsoring employer...

Bullshit. There is absolutely no requirement that you work for your sponsoring employer while GC is processed. You only need to work for them after you get it.

In fact CP is a process designed for people who have never been to the US (and therefore, presumably, not working for sponsor).

GC is for future employment and your current employment (whether in US or abroad) is totaly irrelevant to the process.

[jt2002]

Re: Is CP only for Current Employment

Mine was a similar case and I had a successful CP interview.

See this link for details:
pub18.ezboard.com/fimmihe...1267.topic

[taz123]

Re: Is CP only for Current Employment

Thanks for the reply guys. Very encouraging. I have heard from some of my friends who had CP interviews that they ask you for your pay stubs. I believe that would be to verify if u are working for the employer who has sponsored you.
JT , were u asked to show any pay stubs ??

Thanks a lot again for your advice and help.

[Aibolit]

Employer

It is a matter of credibility of the application. If you live in US and work for an employer different from the sponsoring one, it would be difficult to convince consular officer that you WILL join sponsoring employer after immigration. The best proof is your current employment with the sponsor. That's why consulates ask for the most recent pay stubs (I was asked).

Of course, if you live and work outside US, your employment is irrelevant.

BTW, it is not only a CP issue, but also true for AOS.

[kw177]

Pay Stubs

Not legal Advice:

Pay stubs are sometimes asked for but not for the reason you think.

It does not come down not to whether the job is genuine (by this stage the Employer has been vetted by the INS so they assume it is if you have the letter). It actually concerns the Public Charge Provision (at least it does according to the Consular Officer at my interview).

The consulate needs proof that you will not wind up on welfare after entering the US. Pay stubs prove that (i) you can find employment and (ii) you are capable of earning above the minimum poverty level. Hence you are unlikely to become a public charge.

When I did my interview I had to provide proof of assets from my home country (property etc) because I had only one full years worth of W2's by the time my interview came around. If I had been in the US long enough on the H1 to aquire three W2's then that would have been sufficient to overcome the Public Charge provision.

Also Bank statements showing cash holdings, 401(k) statements etc should all be taken along to the interview in case they ask for them.

[taz123]

Is CP only for current employment ?

What about the employment verification letter ? Is that necessary for people who are not currently employed by that company as well or do you have to get a letter saying that this company will hire me after getting my GC and will pay me the salary mentioned on the Labor application ?

Thanks.

[kw177]

Is CP only for current employment ?

Not Legal Advice:

The employment verification letter is a letter that indicates the job for which your LC and I-140 was filed is available. If you don't have a job offer you cannot be eligible for an employment based immigrant visa.

The Primary Applicant (ie you) must have a genuine job offer from the sponsoring employer (spouses and kids don't need this). This is true for all applicants regardless of current employment situation.

My letter simply said I would be employed at Salary X under the terms of the approved Labor Cert and I-140 immediately upon being given GC.

The pay stubs (or in my case assets) were to verify that I was capable of looking after myself if the employment should end.