Discussion Topics:
Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role
I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?
If the green card is approved and I am not given that future sponsored role, what are the issues/consequences? And how do we go about navigating this process?
Q2. Filing of GC
If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AOS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card? And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues?
Answer 1: There isn't an immediate risk if you haven't been promoted at the time of filing Form I-485. However, it's expected that you'll be promoted within a reasonable period after your green card approval, typically within four to five months. Failing to be promoted after approval may raise questions, but it's not inherently problematic as long as the intention to promote was genuine.
Answer 2: If you haven't transitioned into the future role after your green card approval due to unforeseen circumstances or company issues, there generally aren't significant consequences. As long as all parties acted in good faith, the failure to fulfill the anticipated role doesn't usually jeopardize your green card status. While this situation may be contentious, it's typically manageable and shouldn't pose a substantial risk to your immigration status.
I have engaged Rajiv's office for over 10 years now for many different reasons. I've also been recommending Rajiv's law offices to my aquaintences & friends for over 10 years now. I have very close examples of people who lost 3-5 years going to some other lawyer & later, at my advise, going through Rajiv's office, who somehow 'fixed everythin' ???? Rajiv once told me ... ' why do you want to engage my office? this is so simple, you can do it yourself and save some money..." if you expect more from a lawyer... you are crazy!!!!! For Rajiv, its not about the money... he REALLY wants to 'do the right thing'. Rajiv provided me guidance for a new case - at no cost just because I was a old client - & literally advised me I could save money by doing the work myself - it was very simple. I was infact, ready to pay him or some other lawyer 100s of $s because this was a inquiry near & dear to me. There is no better example of honesty & forthrighness ( i've dealt with many lawyers in my lifetime & if you have a better example, I'd certainly like to hear it) . I'd ( & have already ) recommend Rajiv for his unparalleled knowledge & honesty in a instant & have also, personally, gone back to him time and again - H1B , family visas, family GC, company visas etc etc etc - again & again......its a no-brainer for me... & yeah.. I'd put my money where my mouth is.... --DJ