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Employering not helping to aplly for CP

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  • Guest's Avatar
    Guest replied
    After the approval of the I-140, it SHOULD be up to the beneficiary as to where
    he will choose to apply for immigrant status. I do not think the company can legally stop you
    from going for CP unless they have it laid out in your employment contract or company policy
    and procedures documentation EXPLICITLY. If not, they cannot legally impose their preference
    on your immigrant visa processing location. It is true that they can make it difficult for you
    but maybe you can challenge them on the legality aspect.

    Then again, I am not a lawyer and the above is just my opinion.

    Hope you can work things out for CP.

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  • immihelp
    If employer is not ready to cooperate for CP, there is nothing you can do.

    Leave a comment:

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    Guest started a topic Employering not helping to aplly for CP

    Employering not helping to aplly for CP

    Info about me:
    I have Masters in CS and around 20 years of experience in Computer industry.

    EB2 – Non-RIR
    PD: Feb 1998
    RD: May 2000 – VSC
    H1 time left – 2 years.
    Consulate in India – Chennai

    Even though I raised a question about the possibility for CP at the time of applying for I140 itself, I was told some @#%$ and bull stories by my employer’s attorney and immigration department staff and misled me and applied in Non-CP (USA-485) channel. And I have been discussing this with them and finally came to a decision to go in for CP only now (my understanding now is CP is not more than 6 months and 485 is not less than 1 year.) as 485 is not only slower but also has other confusions in terms of EAD, AP and their renewals etc.
    Now my employer (body-shop) tells me suddenly that it’s the company’s policy not to apply for CP at all.

    1.Is there anyway I can go for CP? (After all, it’s all of our interest to get out of this frustrating immigration loop!!)
    I hear that INS-VSC itself is pushing the approved 140’s to CP.
    This automatic pushing even when it’s not explicitly asked for is attractive. But to what extent it’s dependable and on what grounds INS is doing that? And can’t the so called Employer revoke that to 485? Can he also trouble us in any other way?

    2.How difficult and costly is it for the employer to revoke/cancel the approved 140?

    Request your kind help.