Green Card through Consular Processing Switch Employer due to no Payroll


sreeram

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Hi, I got my Green Card through Consular Processing. I currently have temporary GC valid for 1 year. Its been a month, but havent received my plastic card.


 


First question: How long will it take to get the plastic card and till what period I should wait for it.


Second Question: I would like to switch to a new company than from my sponsoring company. Is there any time period associated for it or can I join now. I entered US on Feb 19. As my employer is not running my payroll and so I would like to swtich to new company. Is there any problem on switching companies.


Could you please share your thoughts on it..


 


thanks,


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Do you not think talking to a Lawyer may resolve your doubts? Have the company fire you on paper. You are not responsible for the shenanigans of a rogue company.

A fake layoff, like provoking a layoff, does not help.

The OP needs to see a lawyer, not some "advice" to do fraud.

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You are absolutely incorrect in accusing me of fraud. I suggest you back off a bit. The company is obviously shady. What part of talking to a Lawyer is beyond your understanding?

I referred to you suggesting "firing on paper". That's suggesting fraud.

I suggest YOU stop giving such bad "advice". Thank you.

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If that employer doesn't have a job then why did he sponsored GC??

Yes, that's where the fraud is.

For CP, the employer had to give the person a notarized job offer letter. It looks that this was fraudulent, since there apparently is no job.

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You are absolutely incorrect in accusing me of fraud. I suggest you back off a bit. The company is obviously shady. What part of talking to a Lawyer is beyond your understanding?

Ok, then please explain what you mean with "Have the company fire you on paper."

To me, that "on paper" is a synonym for "not real". If you meant something else, please say so.

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There is no requirement that an employer pay a GC holder on the bench.

The employer stated that they have a job for the person, though. If they don't, it would be fraud.

Of course, business requirements can change, but then they would have had to withdraw that job offer.

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A GC sponsor can always fire an employee. There is no law saying such employees cannot be fired. The OP needs to consult a Lawyer . You do have a history in other forums whether justified or not and you chose to stick around in this forum. Kindly restrict yourself to answering the OP and back off. I say this again. You have no locus standi if you even know what that means in accusing me of malfeasance.  A*al retentive answers do not help the people who come to this forum for help. Again I say back off and stick to the OP.

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A GC sponsor can always fire an employee. There is no law saying such employees cannot be fired. The OP needs to consult a Lawyer . You do have a history in other forums whether justified or not and you chose to stick around in this forum. Kindly restrict yourself to answering the OP and back off. I say this again. You have no locus standi if you even know what that means in accusing me of malfeasance.  A*al retentive answers do not help the people who come to this forum for help. Again I say back off and stick to the OP.

 

Yes, an employer can of course fire an employee.

But suggesting that this would be "on paper only" is suggesting fraud, even if you don't like me pointing that out.

I point out things that are wrong, if you like it or not.

So, I suggest YOU stop suggesting doing bad things.

Thank you.

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Why this bru haha ?   Has anybody ever seen a separation , be it termination or resignation,  which is not on paper ?   I am yet to see a termination or resignation where one party says the other verbally -- hey buddy our employment relationship stays terminated from today ... no paper signed,  no documents . 

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  • 5 months later...

I agree there can be changes in circumstances which may lead to the unintentional loss of employment. But as of my knowledge in this case the burden to prove will be on the employee as the 6 mn - 2 yr period is not exhausted. If you may take up a different job then USCIS "may" check for the impact on the US local market, factors which are like your new payrate (may be higher than offered during your PERM application or significant change in responsibilities which may have attracted a local when Job was listed. This is pretty much logical, however if the company shuts down or files for losses and lays off other employees as well then in that case its not your burden. So you need to see the overall circumstances and also exercise your resources to find a job as not having a job is more of a problem for you and your GC. 

 

I would suggest talking to your attorney to understand your options clearly as you may have very well signed the obligation letter in the consulate which tells you to work for your sponsor.

 

Don't worry about JoeF he gives you valuable advise most of the time but talks like a "Bible salesman" and he gets a kick out of others problems. Someday I hope to see him treat people with compassion. 

 

Thanks,

Sal.

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I agree there can be changes in circumstances which may lead to the unintentional loss of employment. But as of my knowledge in this case the burden to prove will be on the employee as the 6 mn - 2 yr period is not exhausted. If you may take up a different job then USCIS "may" check for the impact on the US local market, factors which are like your new payrate (may be higher than offered during your PERM application or significant change in responsibilities which may have attracted a local when Job was listed. This is pretty much logical, however if the company shuts down or files for losses and lays off other employees as well then in that case its not your burden. So you need to see the overall circumstances and also exercise your resources to find a job as not having a job is more of a problem for you and your GC. 

 

I would suggest talking to your attorney to understand your options clearly as you may have very well signed the obligation letter in the consulate which tells you to work for your sponsor.

 

Don't worry about JoeF he gives you valuable advise most of the time but talks like a "Bible salesman" and he gets a kick out of others problems. Someday I hope to see him treat people with compassion. 

 

Thanks,

Sal.

 

I treat people with passion. I tell them to do things the right way. That's passion right there.

Too bad that you are not mature enough to understand that.

Some day you will grow up and you will realize that my advice was spot-on.

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