Please provide your input

[Khushi18]

As I have mentioned in my previous message, I 140 just got approved.

 

Now, I have to change my employer. I have used up six years of H1b. My new employer may not sponsor GC. My current (or old) employer has agreed to contunue my GC process but also told me that USCIS most likely will cancel my current GC proccess, if I change my employer. Is it true???? Can USCIS abort my current GC process, if I change my employer??

 

Second issue. My new job description will be "project manager" and my current job description is "business systems analyst". Its a kind of promotion for me but will I be able to retain my PD with this new job description.

 

Please advise as this is a very big decision which I have to make. Thank you all.

[jairichi]

As I have mentioned in my previous message, I 140 just got approved.

 

Now, I have to change my employer. I have used up six years of H1b. My new employer may not sponsor GC. My current (or old) employer has agreed to contunue my GC process but also told me that USCIS most likely will cancel my current GC proccess, if I change my employer. Is it true???? Can USCIS abort my current GC process, if I change my employer??

 

Second issue. My new job description will be "project manager" and my current job description is "business systems analyst". Its a kind of promotion for me but will I be able to retain my PD with this new job description.

 

Please advise as this is a very big decision which I have to make. Thank you all.

No, that is untrue.

[Khushi18]

thanks jairichi. I am not sure why my current employer, on one hand telling me to cooperate in all possible way so I would not have any problem in GC but on the other hand said that as soon as they notify USCIS that I am no longer their employee, USCIS will automatically cancel my existing GC process. 

[rahul412]

GC is for future employment. It has no connection with your current employment.

[jairichi]

thanks jairichi. I am not sure why my current employer, on one hand telling me to cooperate in all possible way so I would not have any problem in GC but on the other hand said that as soon as they notify USCIS that I am no longer their employee, USCIS will automatically cancel my existing GC process. 

Talk to your employer's attorney to get an idea why employer feels so. 

[rahul412]

thanks jairichi. I am not sure why my current employer, on one hand telling me to cooperate in all possible way so I would not have any problem in GC but on the other hand said that as soon as they notify USCIS that I am no longer their employee, USCIS will automatically cancel my existing GC process. 

They won't stop your GC process, they will cancel your H1.

[Khushi18]

Thank you all for your valuable input. Waiting to hear back from immigration attorney. May be this is a diplomatic way of telling me that "sorry, since you are leaving us, we will NOT continue your GC process"!!!

 

I have waited for so many years (with same employer for SIX years) and now according to my employer, priority dates for EB2 of Indian origin may advance dramatically in June - July 2014 (my PD is March 2011). Very stressful situation since I have to change my employment due to unavoidable circumstances.

[jairichi]

Thank you all for your valuable input. Waiting to hear back from immigration attorney. May be this is a diplomatic way of telling me that "sorry, since you are leaving us, we will NOT continue your GC process"!!!

 

I have waited for so many years (with same employer for SIX years) and now according to my employer, priority dates for EB2 of Indian origin may advance dramatically in June - July 2014 (my PD is March 2011). Very stressful situation since I have to change my employment due to unavoidable circumstances.

I believe so. PD might advance but it might not reach 2011 that quickly. I might be wrong.

[rahul412]

Thank you all for your valuable input. Waiting to hear back from immigration attorney. May be this is a diplomatic way of telling me that "sorry, since you are leaving us, we will NOT continue your GC process"!!!

 

That's correct.

[Khushi18]

thanks again for your very valuable suggestions and input.

[pyrimidine]

I think that your employer does not want to continue your GC process. GC is for the future employment so you don't have to be employed.

 

I have also heard rumors that now USCIS has started rejecting GC application, if you are not on a payroll of sponsoring employer. Thanks to desi 'mom and pop" companies abusing the visa/immigration system. USCIS has become very strict to these fraud companies, issuing some very unsual RFEs for employees working for such companies.

[rahul412]

 

I have also heard rumors that now USCIS has started rejecting GC application, if you are not on a payroll of sponsoring employer.

How can that be possible when GC is for future employment.