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Topic: GC for candidate outside of USA
If a US-based employer sponsors a green card for a candidate who is outside of USA for the duration of the GC process, then when the GC gets approved:
1. What is the candidate's obligation to the sponsoring employer?
2. Does the candidate have to enter US immediately?
3. Does the candidate have to start working for the sponsoring employer immediately?
4. How long does the candidate have to work for the sponsoring employer?
Thanks.
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When a US-based employer sponsors a green card for a candidate who is outside of USA for the duration of the GC process, then when the GC gets approved:
1. What is the candidate's obligation to the sponsoring employer? >> Join him soon.
2. Does the candidate have to enter US immediately? >> 'Soon' should not be considered 'Immediately/instantly'. But within a 'reasonable' amount of time mutually agreed between the employer and the employee (But certainly should not be outside of the limits of questionability - undefined)
3. Does the candidate have to start working for the sponsoring employer immediately? >> Yes, immediately after entering the US (He she can join and take a 2 month vacation), unless a vacation or joining date has been agreed to between the two parties.
4. How long does the candidate have to work for the sponsoring employer? >> Indefinitely - would recommend at least 6m - but it is not stated anywhere. Employment is at will, you should be able to state (& provide circumstancial evidence for) the reasons why you left, if questioned.
Hope it helps.
Q A -> I am assuming the candidate had a consular processing.
Q B -> If intent of indefinite employment is evident, the person may be refused a visa or even denied admission. Has this been considered here, because your queries seemed to indicate in that direction (though not entirely true because you may be seeking to ensure safety of the employee in a new country - which is logical).
Best Wishes
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WOW! Okay out of respect you should join the sponsoring employer and stay for 180 days (6 months) then leave. If you don't there could be problems not only for you but others who will consular process after you. I know you don't care about anyone else, but you are getting sponsored this way because of other that came before you.
1. What is the candidate's obligation to the sponsoring employer?
None if you don't take up the job AND do not use visa.
Usually to look good with USCIS do 6 months then leave. This is if you wish to not have RFE request further evidence at some point along the way either at citizenship interview or when your first 10 years come up for renewal of said card. You can have N-400 denied if they think you fraudulently obtained a green card from one employer and blew them off to go to another employer before the 6 months were up. Even then they may ask you why you left original employer.
2. Does the candidate have to enter US immediately?
Most come as soon as possible. Employer could put a start date requirement when you get approved. Generally immigration like to see you in USA within 3 months. Do not spend too long after approval outside USA as you could possibly be denied entry as you have "abandoned" residency.
3. Does the candidate have to start working for the sponsoring employer immediately?
That is between you and the employer, but keep in mind if you plan to become citizen it could come up at interview too or as RFE for said naturalization N-400 application made in the futre.
4. How long does the candidate have to work for the sponsoring employer?
At least 180 days (6 months) then you are free if you want to be proactive and look good for future deals with USCIS. Just have a good reason to leave handy when interviewed. Some folks leave area or move state or get more money working for another company.
USCIS look close at citizenship applications these days and do not like to see under 6 months with original employer. Some folks have a good reason like fired, laid off or company went out of business. These reason are very much accepted. Fraud is getting notcied within employment based 485's just like family based marry for green cards. That is why you do Verification of Employment letters for EB. Just like "good faith marriage" requirements for FB.
You are very lucky to be in the position you are in. There are many applicants who never get to where you are by no fault of their own. I wish you the very best of luck with your journey down the green card path.
Please consult a lawyer before you make any life changing decisions; the above is only my person opinion.
Cheers,
LRIndy.
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Jhaalaa,
What does indefinite employment mean? I didn't get that part. And why would indefinite employment deny visa or entry?
Thanks for the reply.
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Irindy,
Why do you say "You are very lucky to be in the position you are in"?
Thanks for the reply.
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If a US-based employer sponsors a green card for a candidate who is outside of USA for the duration of the GC process, then when the GC gets approved:
1. What is the candidate's obligation to the sponsoring employer?
2. Does the candidate have to enter US immediately?
3. Does the candidate have to start working for the sponsoring employer immediately?
4. How long does the candidate have to work for the sponsoring employer?
Thanks.
If you know someone, let say a RN (Nurse) sponsored by an employer, who is outside of USA.... usually they are in contract in years, I think 3 yrs before they can leave the employer.... |
"Indefinite" means the employee is accepting a permanent employment position. Since, 'permanent' cannot be defined in terms of X number of years or months, its stated as for an 'undefined' or 'indefinite' period to allow mutual comfort and flexibility.
The visa denial or refusal at port of entry can happen
if one 'brags/clearly states or displays intentions' to ditch the sponsoring employer 'soon' - because then one may be seeking the employment just to get an entry into the US. However, this extreme case scenario is not expected of any sensible professional/employee and I stated this just as a possibility.
Even slaves do not work 'infinitely', so a job change may happen sooner or later - However, it is just fine to say that one is walking into this new job with the best intentions to continue employment till it lasts for mutual benefit.
Best Wishes for whoever is getting this entry!
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I naturally "assumed" you are approved via CP. Have the green card and wanted to know what your choices could possibly be for working for another employer... If that's wrong then sorry, but you should have given some history with your questions like "I'm waiting for approval thru CP and was thinking what would happen IF"
There are thousands of folks waiting to get approved and have been for a very long time. The way things are going folks are going to be waiting even longer. We have to renew EAD & AP's and stress over the VB each month with movement not making headway and there have been times over the last 3 years that it has retrogressed badly including unavailable. For those who have been sat watching each month it has been very hard for them/us. To get approved thru each step is a challenge LC, I-140 then wait for your PD to become current. Imagine having to wait for years to get approved; it isn't cheap either. Most of us have sold our homes in our native lands and have laid roots here before we applied for green cards. Our kids have American accents now and can't remember what their aunts & uncles look like. The dollar is crap against other nations. This only hits the surface of immigrants woes.
On the good side is weather better here, I don't pay $10.00 for a gallon of gas, or the same for a pack of smokes like in England!
Good luck to you and Cheers,
LRIndy.
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