Contractual obligation with Green Card Employer.


sri231

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When I worked with Employer A in US, I had my Green card filed under EB-2 category. After that, I came back to India and working with Employer B. I had my GC processing converted to Consular processing since I am now in India.

 

Now, my dates have become current and I have got an employment verification letter from Employer A(stating that there is an open permanent full time position ) which I should take for my consulate appointment. 

 

Once I get my immigrant visa stamping, is there any contractual obligation that I should work with Employer A who sponsored my GC or can I directly start working with any employer once I am in the US after my immigrant visa stamping?

 

Expecting responses from experts or who have gone through the same scenario.

 

Thanks

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You MUST work for your GC sponsor upon entry. It is expected that you will do so for a minimal period of time (typically 6 months is considered "safe").

 

If you do not intend to work for the sponsoring employer, you need to forgo this opportunity and have the employer for which you intend to work start the PERM process.

 

I wonder if your sponsoring employer would have gone through the expense of sponsoring you if he had known that you did not intend to work for him (or did you pay for your GC)? IMO, your sponsor would have been better served going through the process for a loyal employee and not someone who simply used him for a GC.

And there is not need for him to match your offer from B.

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I paid for the entire GC processing, not my employer(Employer A).

OMG,so your GC  employment is completely FAKE and filled with FRAUD. That's the reason why that FRAUD employer is providing that employment letter( I guess that should be fake too).

 

Paying ANY kind of immigration fee is ILLEGAL, you and your FRAUD employer should be deported bcos you are not eligible for GC.

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You tried to BUY a GC. You are participating a violation of US law.  I hope USCIS is monitoring this site and identifies you for revocation of your petition and you are permanently excluded.

 

Get yourself to an attorney immediately.

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I paid for the entire GC processing, not my employer(Employer A).

 

Kindly provide the possible implications if you choose not to work with Employer A after you get your visa stamped.

 

First off, if the LC was filed July 2007 or later, the employer has to pay for it (if I remember right, there was no strict rule before that.)

Second, is this Consular Processing or AOS (I-485)?

For Consular Processing, the person absolutely has to start working with the sponsoring employer.

For AOS, a person may change employers once the I-485 is pending for more than 180 days.

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First off, if the LC was filed July 2007 or later, the employer has to pay for it (if I remember right, there was no strict rule before that.)

Second, is this Consular Processing or AOS (I-485)?

For Consular Processing, the person absolutely has to start working with the sponsoring employer.

For AOS, a person may change employers once the I-485 is pending for more than 180 days.

OP paid entire GC processing fee.

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OMG,so your GC  employment is completely FAKE and filled with FRAUD. That's the reason why that FRAUD employer is providing that employment letter( I guess that should be fake too).

 

Paying ANY kind of immigration fee is ILLEGAL, you and your FRAUD employer should be deported bcos you are not eligible for GC.

 

You are stretching too much .... paying ANY  kind of immigration fee is not illegal ..... paying for PERM is illegal   that too if PERM was filed after July 2007.      Even in H1 world,  some fees like premium processing are permissible to be paid by employee  under certain circumstance. 

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You are stretching too much .... paying ANY  kind of immigration fee is not illegal ..... paying for PERM is illegal   that too if PERM was filed after July 2007.      Even in H1 world,  some fees like premium processing are permissible to be paid by employee  under certain circumstance. 

 I don't understand one point here, if a person can pay for I140 and I485 then what difference does it make if employer just pays the PERM processing fee?

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 I don't understand one point here, if a person can pay for I140 and I485 then what difference does it make if employer just pays the PERM processing fee?

 

It is the law that the employer has to pay for PERM.

Good employers of course pay for the whole thing, but the law is quiet about who has to pay for the costs after PERM.

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 I don't understand one point here, if a person can pay for I140 and I485 then what difference does it make if employer just pays the PERM processing fee?

 

My guess is ,  the reason goes  back to when LC were Sold.     Before 2007  ,  many consulting companies filed tons of LC and later sold those backdated LC  to prospective GC aspirants .      Unlike today,  LC never expired then and  so a new person starting GC process today could "buy"  a LC  dated 10 years back  (and get a PD of 10 year back) ,   file 140/485 in months and get GC in less than a year.  

 

This business was stopped in 2007.     I remember  people were getting calls from consulting companies with offers for Discounted LC  in/around  July 2007

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My guess is ,  the reason goes  back to when LC were Sold.     Before 2007  ,  many consulting companies filed tons of LC and later sold those backdated LC  to prospective GC aspirants .      Unlike today,  LC never expired then and  so a new person starting GC process today could "buy"  a LC  dated 10 years back  (and get a PD of 10 year back) ,   file 140/485 in months and get GC in less than a year.  

 

This business was stopped in 2007.     I remember  people were getting calls from consulting companies with offers for Discounted LC  in/around  July 2007

But those LC's doesn't have employee name on it??

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But those LC's doesn't have employee name on it??

 

LCs   were (and I believe technically still are ,  though it is valueless)  substitutable .... means LC for X  could be used to file 140 for Y   provide Y   satisfies the  education and experience mentioned in LC.    Google Labor Substitution  and you will get a lot of info

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But those LC's doesn't have employee name on it??

Before 2007, it was possible to "transfer" an LC to another person.

That's why the business of selling LCs flourished (selling an LC was always illegal, so this was done under the table.)

All these schemes (just like trying to game the H1 lottery) backfire.

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LCs   were (and I believe technically still are ,  though it is valueless)  substitutable .... means LC for X  could be used to file 140 for Y   provide Y   satisfies the  education and experience mentioned in LC.    Google Labor Substitution  and you will get a lot of info

 

They aren't substitutable. That loophole was closed in 2007.

I suggest getting up-to-date once in a while, and not relying on 7-year old information from the Google archive.

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What I meant was that I had paid the attorney fees for the GC processing. Excuse me for the wrong communication.

 

Still illegal if this included attorney fees for the LC.

The employer has to pay for ALL expenses related to the LC, INCLUDING lawyer fees.

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