My case is a bit complicated

[taz123]

Hello Everyone,

I am really grateful to everyone who have made this site a great reference. My case seems to be a bit out of the ordinary and I wanted to verify a few things.

1. My Labour was approved and I had applied for I-140 when I was working for employer A.

2. I got laid off from employer A after filing I-140. I believe the employer did not cancel the I-140 application. I now work for a different employer "B".

Now , my question is this:

1. I assume that my I-140 which was filed with my old employer should have been approved by now.

2. I have heard that the Green Card application is for employment in the future and it does not matter if you work for the employer sponsoring your Green Card.

3. If I am able to convince my employer A to go ahead with the CP stage , i.e go ahead and continue with the GC processing, WILL IT BE LEGALLY VALID.

4. Will I have any issue during the CP interview as I worked for employer A , quit/laid off and now I work for employer B but my GC is still being sponsored by employer A. Theoretically , I believe there should be no issue as GC is based on employment in the future but has anyone had a similar experience or will the case be deemed to be dubious.

Immihelp ....need your advice .

Thanks.

[alonbalon]

Don't do it

You are going to be illegal! The CP is clearly for your CURRENT employer!

[taz123]

Re: Don't do it

What about if I don't go for CP and go for AOS / 485 ??

Thanks.

[rubji]

Regarding:complicated case

CP is out of question as INS may ditch you or even revoke an approved I 140 petition, it's way too risky. You may file for a new I 140 or send a letter to INS regarding employer change and ask whether they need a new filing of I-140. You sure need an interested attorney and a lot of work.

[gimme gc]

Re: Regarding:complicated case

taz123,

Here is the deal.

If company A is willing to hire you immediately after you get the green card, you can go for CP with their 140 as GC can be for future employment. But you have to basically come back from CP interview and join employer A.

If not, you have to start from scratch and the only thing you salvage is your PD.

Good luck,
gimme_gc

[abu lafya]

Assuming I140 was not revoked:

If you want to do CP:
* You need employment verification letter from A saying position is open for you when you become PR. This is a MUST.
* If you go back to work for A now, while not absolutely necessary, it somewhat improves your case.
* You must work for A when you get your PR.

For AOS:
* You need to be able to show intent at the time of filing I485 to work for A, and intent of A to employ you, when you become PR. You may get RFE for employment verification for A. This is a MUST.
* After 180 days you may change your intent to work for some other company. However, previous requirement may cause complication if you continue to work for B all along and after 180 days "change your mind" because it is easy to show you never had any intent to work for A.
* You must work for your sponsor (which may or may not have changed) when you get your PR.

You can also start from scratch with B.

[taz123]

Thanks for all the responses. But, I know people who have quit their employer as soon as they got their GC. I beleive GC is based only on future "intent" of hire. So , I am not sure about the fact that I HAVE to work for my sponsor after I get my PR. Abu lafya , as always , your advice is welcome.

[abu lafya]

I suspect very little enforcement, but you don't want for them to catch you in the act.

At the time of approval (and time of filing I485), you need to have intent to work for your sponsor indefinitely as soon as you get PR status. You don't have to be working for them before, but since you were laid off, their intent may come into question.

[gimme gc]

Those who left after they got their GC WERE working for the company before getting GC and they have reported to work after they got GC.

The bottom line is you HAVE REPORT to work at least once after you come back from CP. If you are doing 485, you have to wait until after approval, report to work and then you can leave.

In your case, you are currently NOT WORKING for the employer sponsoring your GC and they DON'T INTEND (from what I understand) to offer you the job after getting the GC.

gimme_gc

[patienceunlimited]

Should be with same employer for atleast 6 mnths.

Hi,

You need to work with the same emp. for atleast six mnths. You have to sign a letter stating so , in front of the INS officer at the consulate.

This law was not enforced till date. However I work in a big organisation which deals with INS regularly. We got a mail from our Immigration dept. stating that INS is asking all the employers if their employees violated any of the laws. One of the things that they ask is if any employee left within six months after getting a GC.

Note this enforcement comes after 9-11. So watch out.

p_u