Sample Questions from Volume 3: 1500 Most
Frequently Asked US Visa Requirement Questions
QUESTION: What are the implications if I work
for another employer on EAD before joining the future green card
sponsor?
ANSWER: Well, since we do not yet have
regulations on AC21, no one is sure about that issue. There is
an implication in AC21 that a person has to have been working
for the sponsoring employer. However, INS senior officials have
verbally informed us that it does not make a difference, so the
promise to work in the future should be fine.
QUESTION: Is it possible to use the same LC
that has been approved for another employee (as he is not
planning to apply for GC) of my company that was filed before I
had joined the company?
ANSWER: Yes, substitutions of the labor
certifications are possible, but certain conditions have to be
fulfilled. You need to have all the required qualifications as
of the date the earlier LC was filed. The INS may grant the
earlier PD, though their position is that the prior employee
gets the earlier PD and you get a new one based on the new I-140
filing.
QUESTION: Is it ok to travel to India after
fingerprinting and before GC approval?
ANSWER: Yes, that should be fine. Even if
the INS approves the I-485, the person can enter the U.S. on
parole and then get the PP stamped with the GC at the INS
office.
