Have to goback to India, Can Company Continue GC?

[avh02]

Dear GC Gurus,

I have been given 15 days notice to go out of my current project. My Labor filed in Georgia in May 2001. that is still under labor.
If I have to go back to India, Can My company continue GC?. Even I am ready to pay the full amount for GC process.

Please help me, as I am in very critical condition right now.


Thanks for your helps.
avh

[rkomandur]

As GC is for the future job, your employer can continue. But I think during I-485 stage or CP, may be you need to show pay-stubs. I'm not sure on this part.

[tasmisr]

what did u do? did u find a solution?

[Broader]

I think the company can continue even if you go to India .I do not know how you can get a GC in the United States if you are out of the country..any Views?? fellas...

[JoeF]

I usually don't venture into the LC forum anymore, since I have my GC.
But, here is the scoop:
Technically, the job offer is for a future job.
However, the LC states that the company has an immediate job available. If that is no longer true, the LC is gone. In other words, the job offer has to be valid throughout the process.
Since technically, the job offer is for a future job, it is in principle possible to be abroad and have the GC continue. However, this raises fraud suspicions. After all, the company claims that it has an immediate job opening, and you are the only one who can fill that job. If you don't, it looks as if the job @#%$'t that urgent after all or doesn't even exist anymore. In my view, the only legitimate reason to stay abroad and not work for the sponsoring employer is if you can't stay to the US, e.g., because your H1 expired (that scenario happened to me.)
The usual disclaimer: I'm not a lawyer, and this is not legal advice. For reliable advice, consult with a lawyer.