Sh*t never ends - Urgent please

[GCNirvana007]

Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.

[sanjay]

Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.

Is it possible to revoke I-140 after you got your GC. I think once you get GC you are free to choose any job and any employer of your own choice.


Forget about GC, but even you had not got GC and if it's more than 6 months your 140 is approved and 485 filed, then also employer revoke would not effect your case, if moved from him and applied AC21 from new employer..

[asdfred]

could not find a job..you mean could not keep you in a job?

[vinzak]

Can you please elaborate on what exactly you mean?

- You already have a GC in hand?
- Your sponsor can't find a job for you?
- Why would they revoke your 140 AFTER you have your GC already?

[GCNirvana007]

Can you please elaborate on what exactly you mean?

- You already have a GC in hand?YES
- Your sponsor can't find a job for you? YES
- Why would they revoke your 140 AFTER you have your GC already?They called me this am and said, we are supposed to provide you employment as per our gc filing process once you get gc and since we couldnt right now , we need to inform USCIS the same. I dont what the hell that means and why they need to inform

[va_dude]

GC Nirvana.

Get hold of a top immigration attorney right away and schedule a consult right away.

You need answers and solutions from a good lawyer to represent you and if necessary to accompany you on a meeting/conf call with your employer.

[GCNirvana007]

GC Nirvana.

Get hold of a top immigration attorney right away and schedule a consult right away.

You need answers and solutions from a good lawyer to represent you and if necessary to accompany you on a meeting/conf call with your employer.

Yep, but is this normal, has happend to anyone?

[number30]

Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.

Find Job before they terminate you. Did you had the job when the I-485 was approved? That is what matters.

[kris04]

Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.

Dont worry about it, you're employer's effort is fruitless, ask your sponsor to fire you from job, this will make you are intended to work for your sponsor and they laid you off. I had a chance to talk to my attorney after my GC approval to find ways to swirch employer, this is what he said, "I should work for the sponsor atleast 6months to a year, but if they fire you or layoff from the job then one should be fine".

Dont worry, enjoy your freedom, just ask you're sponsor to contact you if they have job else dont contact you.

HTH

kris

[Leo07]

If I were you... I'd do the following:

1. Contact the best attorney possible, irrespective of Cost/price/Fees.
2. Not leave this employer voluntarily.
3. Find another job and if possible work in two places.

Sounds ridiculous that you have to go through crap after getting GC.

Good Luck!

Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.

[crazyghoda]

Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.


Your post seems to suggest that you have NEVER worked for your GC sponsor since you are not referring to him/her as your employer. My guess is that you filed for your GC based on a future job offer. Since they are now unable to offer you a position that was promised on the GC app, they want to cover their asses by withdrawing the I-140.

If this is the case, then contact an immigration lawyer for proper advice since the USCIS could consider this as fraud that there never was an intent to work for the sponsor in the first place.

Also see how you can work things out between you and your sponsor so that they dont have to revoke the 140. If its a typical desi bodyshop, my guess is money will talk.

OTOH, if you are currently working for your GC sponsor and they are laying you off then you are fine (from an immigration perspective) and dont need to worry.

[Pagal]

Hello,

This is frustrating, but legal. All permanent residence visas are approved on the basis of a job that awaits you after granting of visa. If the employer now says that there is no job based on I-140, then it is a legal issue and one of the acceptable actions is withdrawal of I-140.

As many posters have indicated, do not leave the job and ask the employer to relieve you of your responsibilities (get fired). This may provide a justification for you to argue why you can't take a job based on original I-140, then look for similar job and you should be fine.

[sdrblr]

Even though it was for a future job, there is no way any body would have visualized that the job they claim will be available in 5-7 years will be actual there given the economy. If that was the case all GC based on future job will be hard to get.

The point here is "Did the employer have good intention while filing". If they did, I dont think whether the job actual exists after 5-6 years or not matters.

Also everybody has a right to livelihood and if you have a good reason to believe that your job is in jeopardy and can document it, you always can go back and use it as an argument.

DOES ANY BODY KNOW EITHER DIRECTLY OR INDIRECTLY WHO HAD ISSUES AT NATURALIZATION BECAUSE OF QUITTING THE JOB AFTER GC. or is it a myth

[langagadu]

I second pagal on that. But OP please consult a good attorney ASAP. Do not resign from the job if you are working for the same company.

Hello,

This is frustrating, but legal. All permanent residence visas are approved on the basis of a job that awaits you after granting of visa. If the employer now says that there is no job based on I-140, then it is a legal issue and one of the acceptable actions is withdrawal of I-140.

As many posters have indicated, do not leave the job and ask the employer to relieve you of your responsibilities (get fired). This may provide a justification for you to argue why you can't take a job based on original I-140, then look for similar job and you should be fine.

[Imigrait]

OP,

Were you never employed by this company? Was the GC for future employment only?

I know one guy who lost his job with AOS pending. He shifted to H4 becoming a dependent on his Wife's visa and then started his MBA and later got his GC. He was an employee with the company from which he got laid off for almost 8 years .

[feedfront]

I am in similar boat. My division has been sold to canadian company and they don't want to keep us here in USA. That means my employment with my gc sponsor/employer will be terminated this month. I have to look for similar job.

As per my attorney, I am safe as long as I can get similar job. I have 42 days to repsond to RFE, if I get any. I have been working for this employer for more than 8 yrs. More than 1 year has passed from day of I-485 filing.

Just contact a good attorney and he will suggest you DOs and DONTs.

[alterego]

They called me this am and said, we are supposed to provide you employment as per our gc filing process once you get gc and since we couldnt right now , we need to inform USCIS the same. I dont what the hell that means and why they need to inform

If they sponsored a green card for you without having a job for you. I beleive it is they who committed fraud. You should get a good immigration lawyer and have him.her send a letter outlining their responsibilities as a Green card sponsoring employer. If they did not have a job for you, they should have terminated your green card sponsorship. If I were you I would look into this approach, it just might make them rethink their position and find you employment.

[nashim]

I had talk with one of Murthy’s office attorney on similar topic last month; Attorney said employee should report for work to GC sponsor employer or AC21 employer after GC approval. If the job for which I-140 was approved is no more available and employer turns down the employee request to join the project then employee is free to work with any other employer and there should not be any problem in naturalization…

thanks

[GCNirvana007]

Appreciate all the responses guys. Guess i havent explained it better.

Company A sponsored my GC. During labour i went to company B worked for them till now. Went to India and got my GC while i was there. Cameback to the states with green card ( Company B H1B expired ). Currently no project with either Company A or B.

I have told my intention to the Company A to work for them. They are saying, its been a month and they have to inform immigration that they couldnt fulful the I-140 committment. They are saying its just a procedure.

[number30]

Even if he has never worked for sponsoring employer he is OK because of AC-21 protection. Informing the USCIS about the job change is optional. Infact he never worked for this employer makes this issue simple.

[GCNirvana007]

Just asked the GC sponsoring employer, whats the reason to inform immigration, they said its a "procedure". I asked them to send me a copy of whatever they are sending to them, he said they dont have to. Now who knows what they send there?. They could even go and say, this guy ran away. You know.