View Full Version : Future employment category
03-14-2002, 02:49 PM
I am working in Arkansas with a consulting company on H1 visa. I am getting job offer from some other consulting company located in CA (California). This new company is willing to start my GC even before I join them. They would be initiating my GC in "Future Employment Catgory". My concern here is (a) Can the CA company start my GC process even if I am not an employee of that company? (b) What happens if I decide not to join the CA company at a later stage? (c) Since all my W2 and residential information is of Arkansas, is that going to impact my case in any way?
I would really appreciate your answers. I am very very new to all these processes.
03-15-2002, 01:43 PM
Not Legal Advice:
a)Yes. They can do it even if you are not in the US. ALL LC's are for jobs in the future so this is pefectly valid.
(b)The LC and I-140 are the property of the company. If you decide not to join then they can substitute another alien worker on the LC and then file a new I-140 for that person.
If you decide not to join after filing Adjustment of Status you should be OK as long as INS takes more than 180 days to decide the application and you can find another employer willing to make you a similar job offer. If you try CP you must join the employer and report for work when you enter US as a permanent resident.
c) No. See a) above. Green Card Process ALWAYS relates to future employment. You are only required to work for sponsoring employer immediately after gaining Permanent Resident Status. There is no requirement to do so before that happens.