Never worked for GC sponsering Employer

[deepa321bapat]

I got my green card through company A on 2000. At that time employer gave me letter saying that they can not hire due to economic condition. I have the letter for same.

No When I apply for Citizenship now will it be a problem? I had the intent to work for them but employer could not hire me.

Please advise.

Thanks,
Deepa

[koolvik7]

Deepa,

Please review the US Citizenship thread and you will get a quicker and informed response because people are obviously going through the Citizenship experience. However, you need to provide more details before others can help.

• Since it was an Employer based petition, how long did you work for the Employer after filing for I-485 petition?
• What did you do after you were laid off? Did you work for another company, similar title and job description?

Answer to above questions will help in knowing if Immigration Officers will be flexible towards you due to AC21 which was passed in Oct. of 2000. It may help you to know that recently many applicants did get Citizenship approvals who fitted your profile, but the answer to above questions would help further.

[deepa321bapat]

I got my I-485 approved under 6 months ,so I can not use AC21.

I never worked with sponser employer while GC wwas in progress. I was supposed to join after GC approval. After approval Employer gave me a leeter stating that due to economic condition they can not hire me.

I am still working in the same software area.

Hope this information will help.

Thanks,
Deepa

[ginnu]

Originally Posted by deepa321bapat

I got my green card through company A on 2000. At that time employer gave me letter saying that they can not hire due to economic condition. I have the letter for same.
------------ did they gave letter BEFORE I-485 approval or AFTER I-485 approval?
No When I apply for Citizenship now will it be a problem? I had the intent to work for them but employer could not hire me.
-------------keep the letter with you and show only if asked. your I-485 file will be before the officer and he will have every info how you got the GC and he can ask questions.
Please advise.

Thanks,
Deepa

If I am in your situation I will send my Citizenship AFTER 5 year 2-3 months from the date of getting GC.

[koolvik7]

Deepa,

I can understand your concern but from what I have seen so far, I believe you will be absolutely fine. I have been tracking various Citizenship approvals on this forum for several months now and I have only seen approvals and no/0 denials for the Employer based cases. Infact do a search on posters reddyrx and you will see that the case seems to be exactly like your. What AC21 has mainly done for USCIS is to make them more lenient for the N-400 applications for the Employer based GCs. Now here are some questions for you:

• Did you work for another employer (as on GC petition) with same title and job descriptions?
• In addition to the GC Petitioner, do you have documented proof of the job titles, duties of the other Employers?
• How many years were you Employed after the GC approval?
• Leaving the Employment issues aside, how clean would be your N-400 application (meaning no Residency, Continuous and Physical presence issues)?
• Lastly, is someone also deriving their GC through you (Like Spouse or Kids)?

Answer to above questions will help assess your case better. Keep in mind that any answer I provide you here is based on my experience but I am no way an expert. Also each N-400 interview is different based on the Immigration Officer your encounter during your Citizenship process.

[deepa321bapat]

Thanks for all the help!!


* Did you work for another employer (as on GC petition) with same title and job descriptions?
Yes I worked on same job description, though about title I am not sure. But again it is not as if I claim software engg. in GC application and working as a manger in another compnay.

* In addition to the GC Petitioner, do you have documented proof of the job titles, duties of the other Employers?
YES.

* How many years were you Employed after the GC approval?
Still employed. Got GC approved in 2001.

* Leaving the Employment issues aside, how clean would be your N-400 application (meaning no Residency, Continuous and Physical presence issues)?

No issues on this front.

* Lastly, is someone also deriving their GC through you (Like Spouse or Kids)?

Yes husband. Child is born here so no issue with her.

Now only problem is that officer can say that intent was not there to work for employer. How Can I say that my intent was good. Although employer letter can prove that. But again in that case employer's intent was not good.

It is a very grey area. Frankly on face value it looks like a fraud. But how can I prove that it is not a fraud.

Plase advise.

[ginnu]

Originally Posted by deepa321bapat

Thanks for all the help!!


* Did you work for another employer (as on GC petition) with same title and job descriptions?
Yes I worked on same job description, though about title I am not sure. But again it is not as if I claim software engg. in GC application and working as a manger in another compnay.

* In addition to the GC Petitioner, do you have documented proof of the job titles, duties of the other Employers?
YES.

* How many years were you Employed after the GC approval?
Still employed. Got GC approved in 2001.

* Leaving the Employment issues aside, how clean would be your N-400 application (meaning no Residency, Continuous and Physical presence issues)?

No issues on this front.

* Lastly, is someone also deriving their GC through you (Like Spouse or Kids)?

Yes husband. Child is born here so no issue with her.

Now only problem is that officer can say that intent was not there to work for employer. How Can I say that my intent was good. Although employer letter can prove that. But again in that case employer's intent was not good.

It is a very grey area. Frankly on face value it looks like a fraud. But how can I prove that it is not a fraud.

Plase advise.

read the below links but they are not for your situation, better go to good lawyer and seek legal advice with all reciepts, documents, letters of employers.
http://www.usvisahelp.com/art_intent.html

http://www.shihab.net/CM/Immigration...otTopics29.asp

[koolvik7]

Thanks for providing the answers Deepa, my first advise to you is to please use the US Citizenship Forum because not only it is more active than this one, but also you have people who are either going through the Citizenship Process (like me) but also there are several knowledgeable members who are already Citizens and you will get valuable sincere advise from them.

Your answers tell me that did not have any ulterior motive during the Citizenship and of course your documentations will come to your rescue (if needed). If you have the same job descriptions for the employers atleast a year that was on the GC petition, AC21 similarities (even though you are under 6 months) will work in your advantage. Like I had said earlier, USCIS has acted in favor of applicants where a similar job was acquired even less than 6 months. If you have read the successful outcome of reddyrx, then I would also like you to read the outcome of the applicants obongo (who did not use AC21 and changed job before 6 months) and PR2001Cit2007 (who did file for AC21).

You have multiple choices and it depends on your risk taking profile:
(Option A): Most Risky:

Since you had GC for about 7 years, file for the N-400 application listing your Employment for last 5 years. Chances are that the I/O will not even ask you Employment related questions for your GC Petitioner and you would be fine. But if s/he does, this is the line of questioning that they go through (this is taken out of USCIS’s field manual):

• Did you ever work for the petitioner?
• How long did you work for the petitioner?
• In what capacity did you work for the petitioner?
• Why did you leave the position?
• What were you paid?
• Where did you work for the petitioner (location)?
• Where did you go or work after you left your job with the petitioner or instead of working for the petitioner?
• When did you first learn that there would not be a long-term position for you?

If you have all the documentation and feel comfortable to answer the above, you can make your choice. You need to be aware of the fact that if USCIS suspects you of a fraud and move to rescind your GC (which they absolutely can), your husband GC (a derived one) will go through the same process as well.

(Option B): Less RISKY:

File N-400 for your husband. Even though he has a derived GC, USCIS will ask him questions mainly related to him. However, they can very well ask him questions about you (less chance) since it is a derived GC.

(Option C) Least RISKY:

Wait for another 5-6 years or beyond before you apply. Since you would have moved 10-11 years from your Employment Related gray area, you have very less chance of being confronted for that issue. But there is still a chance.

And of course, you can always choose to live here as a GC Holder as you are under no-obligation to apply for the US Citizenship. Please continue to monitor immigration forums as you ‘may’ encounter similar cases and even find out about their outcome and decide what is best for you. There were two recent posts where they found out more information and decided to act on it accordingly. In the first case, the applicant decided to withdraw the N-400 application because he had not worked (at all for anyone) one week after receiving the GC. The forum (and the attorneys) advised that there was a high probability for denial (for obvious reasons). While in another case the applicant had changed the job after few months (and even the job field) before completely stopping work after two years of GC Petition. Now this N-400 case will not have a problem in N-400 approval at all. The idea is that even if you apply for the N-400 now (choosing Option A), forum members do help in providing more insight for your individual cases, you can always choose to withdraw it later if you find out more information and decide to go in its favor. So you see you have lots of choices, you can consult several Immigration Attorneys (at least three for sure) and then decide what you want to do.

[NIW-Nov 04]

koolvik7,

I sent you a private message. Can you please respond?

Thanks.

[koolvik7]

Originally Posted by NIW-Nov 04

koolvik7,

I sent you a private message. Can you please respond?

Thanks.

Dear NIW-Nov 04


Yes I did get your Pvt. Message, I believe its better to use the forum (than the pvt. Messagess) as it enables others to gain from the information exchange.

After reviewing your information so far, I am quite confident that you will have no issues during the Naturalization process (provided other N-400 Eligibility issues are met). However, even though you have been working for about six months in the same field (can you confirm if it for the same Employer?), I would recommend that you wait for couple of more months (at least three more, and ideally to complete a year) before you change your field.

Hope this helps, and good luck.

[deepa321bapat]

Thanks for all the help!!!

Although, after going through this forums and lawyers , I am still not sure that what will be the outcome. Is there any way we can find one case in whole USA where INS has revoked the green card for not working with the sponser employer?

Thanks,
Deepa

[koolvik7]

Originally Posted by deepa321bapat

Thanks for all the help!!!

Although, after going through this forums and lawyers , I am still not sure that what will be the outcome. Is there any way we can find one case in whole USA where INS has revoked the green card for not working with the sponser employer?

Thanks,
Deepa

If you have consulted an immigration lawyer, perhaps you can share what were the views expressed. (BTW: I would not base my decisions on the advise just one lawyer). Someone on the forum did a search in some legal database and could not find even one case where the GC was revoked due to Employment Change related issues. The issue one faces during the Citizesnship Interview process is to prove the Employment intent (that it you wanted to work there permanently) and ensure that it was not a fraud to get a GC.

But you are right, it is your choice and you are doing exactly right, i.e. trying to be as much informed as possible and then take an informed decision. Like you, even I have been in a similar dilemma. I had a changej in employment less than a month after the approval of my GC, I am expecting to be grilled by the Immigration Officer and gathering as much documentation for the interview. Perhaps you can await for sometime more.. and see outcome of some more cases.... I have tracked three successful outcome of Naturalization cases (similar to you and some to me). There are seven more that I am tracking (excluding mine). So hang on and keep an eye on the Citizenship Discussion forum on this Portal...

Hope it helps.....

[waitingforins2]

Hi,

I think koolvik7 has given quite nicely different options for you. I feel since you have been 7 yrs from when you got your GC most probably the question will not even come up.

Again, it varies from district to district as I have seen from the posts on citizenship forum.

1.One guy in TX I think got grilled on employment and he was asked to show all kind of things..W2 etc.
2. There is another guy who never worked for his GC employer even for a day, was forthcoming and he was approved.(dont remember where he was from)
3. Some guys in Chicago, NY and NJ were just asked who you work for right now.
So depending on which area you are you can take an educated guess as to what will be asked.

For my case, I worked with My GC sponsor 6 mnths after GC was approved and then laid off and I dont have letter from them saying they laid me off so that is worrying me a little.

Finally as coolvik7 has said and from what I gathered from the board, it is very unpredictable what they will ask in the interview. However your case(other than employment thing) seems straight forward so I feel you should not face any problems.(But again, I am not a lawyer so better to seek advice from professional).

I can understand what you must be going through but then again I guess everyone is anxious.

I hope everything works out for you well. Keep posting on citizenship thread, there are lot of nice people like koolvik7 who will help you there.

Regards,

[young16]

Deepa,

I'm exactly in your situation. I have many more years to go before I could apply for citizenship. I had true intent to work for my sponsor, but it's very hard to prove that to BCIS (unless they are able to read my mind!). I have also done a lot of research on this and consulted a good attorney too. Based on all that, this is what I suggest:

Try to work for the sponsor for sometime at least, if possible.

Let your spouse first apply for citizenship and get it.

Then you apply. There will be absolutely no problem. You are past 5 years after GC and so it's very very hard to revoke.

I would suggest you to consult an attorney (good one) too.

I have one request for you. Once you get your citizenship (I'm sure you will), please post it here in this forum. It will help scores of people like me.

[gc_guru]

Deepa,

Do you have any updates to share? A lot of us will benefit from these posts..

[rajoy1]

I'm exactly in the same situation. I just got my GC recently and I did consult a top notch lawyer about my situation he suggested that I shouldn’t have any problem as the company that sponsored my GC is shutting down and my Intent was to join the company and the as the company cannot employee and to just be safe he suggested to get an email or get a letter from the company saying that due to financial situation the sponsoring company is not able to employee me.


Please suggest if this sounds right?

[rajoy1]

I'm exactly in the same situation. I just got my GC recently and I did consult a top notch lawyer about my situation he suggested that I shouldn’t have any problem as the company that sponsored my GC is shutting down and my Intent was to join the company and the as the company cannot employee and to just be safe he suggested to get an email or get a letter from the company saying that due to financial situation the sponsoring company is not able to employee me.


Please suggest if this sounds right?