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Employer changed after Labor approved

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  • Employer changed after Labor approved

    HI,
    Now heres my situation.
    1. My project got over on the 28th May- 2002
    2. I got a letter from employer A saying that i have been terminated from the company with an effective date of 11th June giving me a notice of 14 days to go back to my Country.
    3. But I managed to get another project through employer B and I started working for him. Now I also have a paystub from him.
    4. Now I got a letter from employer A at around the end of 1st week of July-2002 saying that my Labor is approved.
    5. Meanwhile around Mid of June-2002 employer A sent a letter to INS notifying them that I have been terminated from the company.

    Heres what I am trying. (please let me know whether this will work)
    1. I will join employer A again.
    2. Once i am with employer A i will pursue with my further GC process of I-140 & I-485.

    Is the following possible ?
    1. Is it possible that my I-140 & I-485 application be accepted even though employer A has already notified the INS that I am terminated.
    2. Is it possible that my I-140 & I-485 application be accepted even though I have a couple of pay-stubs from another employer in between.
    3. Does any of the above 2 situations mentioned above hurt the GC processing?

    Friends, I really need a true evaluation from your past experiences whether this whole thing works out.

    Friend.

  • #2
    Employer changed after Labor approved

    Here is my assesment of your situation though this is no legal advice and i ask u to consult an attorney.

    - Green Card is for a future job. You can continue to have your Green Card processed thru' employer A even if u r not currently employed by them. Therefore , i see no reason why you can not go back and continue the GC process with employer A. Your employer informing the INS that you have been terminated only affects your H-1 i.e they are cancelling your H-1. It should have no impact on GC processing. If you decide to go back to employer A , you will have to get the H-1 transferred and can pick up the GC process from where you left off.
    DO CONSULT AN ATTORNEY THOUGH.
    Good Luck !!!

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