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Life After The Green Card How soon can you leave your employer. All other issues after the green card.

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  #1  
Old 11th January 2004, 01:57 PM
MNcold MNcold is offline
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Contract Termination by mutual agreement 3 months after GC

I got my GC through Consular Processing 3 months ago. After GC, my employer started misbehaving and humiliating me in front of the whole staff. I repeatedly told him that I wanted to honor my contract, but he made the situation extremely stressful for me to work and function in the setup. Finally, I discussed the whole situation with him, and surprisingly, he suggested that I leave. He agreed to sign that my contract with him was terminated by mutual agreement. The other proof that I intended to work with him is that I dont have another job to go to and during this period I never looked for any new employer or applied any where else.

Do you think I should be OK with my citizenship application a few years from now ?
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  #2  
Old 11th January 2004, 10:03 PM
MNcold MNcold is offline
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Thanks **** for your reply.

I did sign again the old contract to reaffirm my commitment to honor the contract after getting GC. And on several occasions, verbally I told him that I will honor the contract and keep working.

I did talk to a labor attorney, who too thought, what you have expressed and told me the contract was null and void because of his misbehavior. Before proceeding through the lawyer, I talked to the employer and told him (verbally) my grievances. During the discussion he suggested that we end the contract by mutual agreement, and will not owe each other anything and will not sue each other. As there was a penalty of $$$$$$ in case I left the job.

Secondly, to prove my intention to work for him, I still have not contacted any employer or recruiter.

I am not too bothered about unemployment benefits, as I hope to get out of this miserable work situation and get on with my life.
I just want to make sure that from immigration point of view, I am not on the wrong side of the law.

Thanks in advance for your suggestions.
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Old 13th January 2004, 12:44 PM
MNcold MNcold is offline
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Joe F,
Thanks for your reply. But.....

I did consult an immigration attorney, who said that if I could show a documentary proof of my intention to work for the employer after getting my GC, it would be fine.

I did sign a statement after getting my GC reconfirming the employment contract with my employer. It was signed by him as well and I have a copy of it. That document does show my intent to work for him. My understanding is that the burden of proof is on me to show my intent and not the reason for leaving the employment.


My question is-

Can my wife and sons apply for naturalization 5 years form now, while I wait a few years, so the chances of this issue being raised is less( of course, there are no guarantees for that). They got their GC as my dependents.

Thanks
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  #4  
Old 13th January 2004, 08:01 PM
MNcold MNcold is offline
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Thanks again ****,

I have now obatained the contract termination and the wordings on it are- Because of recent development of differences between both the parties the contract is terminated by mutual consent.

Do you think, this sentence justifies my leaving the job, for it states the intent was there a month ago, but now the situation has changed.

Thanks for your advice, criticism and help. It certainly is cold out here in Minnesota.
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  #5  
Old 14th January 2004, 08:55 AM
MNcold MNcold is offline
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Thanks again **** for your inputs.

What I meant was that I have a statement reaffirming my intention to continue employment signed in Dec by both parties and a document signed in Jan mentioning recent developments to justify the termination of contract. This means I did have good faith intentions in Dec till the circumstances changed in Jan.

I do appreciate your unbiased advice which has helped me put things in order, in case I have to present the scenario at the time of naturalization.

Thanks again.
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