Leaving Employer after Greencard

H

hrh

Registered Users (C)
Ok, all this talk is making me nervious now. My situation is something like this.
I was working as a cook for a company that ended up sponsoring me for a greencard. I was also working for another firm part time doing some consulting engineering work at the same time. This was back in 1997. Now i didn't get my I-485 approved until 8th January of 2001.

During this whole process i remember that the employer had to put an add in the Washington times and the Washington post for this position, also he placed a notice at the place of work, a clubhouse. He had to also document all the resume's he got if any and what happened in the interview if there were any. All this information was supplied to the INS (USCIS now) or the labour department.

I had my fingure prints taken twice in the process. I had two RFE's asking for pay stubs and a letter from the employer stating that am still employed there and that future prospects are good etc etc.

I also paid an extra $1,000, i believe that was a penelty at that time that one could pay if they had overstayed there visa.

Anyway, each year from Januray 1st to Januray 31st the club would be closed, except in 2001. It was closed for an extra month and a half due to clubhouse renovations.

I kept on working for the engineering firm from January 6th 2001, and they asked me to join them full time. So i started working for them fulltime since the club was closed and i needed the extra cash.

When the club finely opened in April 2001, i worked about 20 hours a week because it had just opened up and fulltime work just wasn't there yet at the time.

Then in late May i made up my mind to quit the club and just work for the engineering firm as i was also getting ready to get married and didn't have time for two full time jobs. Plus the fact that i was not given a pay raise at the clubhouse since i joined them in September 1997. I guess techanicaly i still stayed about six months after my I-485 approval even though my pay does not reflect that because of the reason's given above.

So my question is, since i just filed for my citizenship and am getting a little worried reading all these different posts in this forum;

1) Will having two different jobs in two different fields at the same time, cause me any problems?

2) The fact that i didn't make that much money during Januray 1st two May 31st of 2001 give me any problems, even though the pay was what was stated on the forms supplied to labour and INS (USCIS now) departments?

I did work for this employer during the whole process. I am just worried with this "intent and future employment" thing that, not working full time after approval, even though no fault of my own. Of course then not making the required amount for those six months cause any problems?

What i mean is, if i was making for example $2,000 a month and for six month i should have made $12,000. But i only made say $3,000. Is this going to be a problem?

I would really appriciate it if someone can answer this, or if someone has been thru similar kind of situation that can share there exprieance. Thank you.

Regards

HRH
 
Here ther hard-points I see in your situation:
1. When you got your GC your sponsorer could not afford to employ you full-time (correct me if I am wrong).
2. You never worked full-time for GC sponsorer (as per the USCIS requirement of atleast 36 hours). I guess it's due to point #1 (which is no fault of your own). In that case I think it's OK.

Not making "required amount" is not an issue. In fact that could be a valid reason to look for job somewhere else.

Also, keep in mind, you don't need to volunteer any information in citizenship interview - as an effort to come out clean. Answer only those questions which are asked.

This are just my personl opinion. If your are not sure about situation, consult to a good attorney.
 
Thanks Pralay for your reponse, its very much appriciated. No in point #1, its not that they couldn't afford to pay me, but its just thats its the beginning of the Golf season, still a little cold outside, so they don't get that many people to play Golf and so on during that period. That was the reason i was only scheduled for 20 hours per week. They try to spread time out so everybody gets an equal amount of work hours.

I will take your opinion to heart and not volunteer any information. Thanks again for your reply.

Regards

HRH
 
hrh said:
Thanks Pralay for your reponse, its very much appriciated. No in point #1, its not that they couldn't afford to pay me, but its just thats its the beginning of the Golf season, still a little cold outside, so they don't get that many people to play Golf and so on during that period. That was the reason i was only scheduled for 20 hours per week. They try to spread time out so everybody gets an equal amount of work hours.
Click to expand...

That implies that they could not afford to employ you fulltime, because they had too many cooks.
 
hrh said:
Ok, all this talk is making me nervious now. My situation is something like this.
I was working as a cook for a company that ended up sponsoring me for a greencard. I was also working for another firm part time doing some consulting engineering work at the same time. This was back in 1997. Now i didn't get my I-485 approved until 8th January of 2001.

During this whole process i remember that the employer had to put an add in the Washington times and the Washington post for this position, also he placed a notice at the place of work, a clubhouse. He had to also document all the resume's he got if any and what happened in the interview if there were any. All this information was supplied to the INS (USCIS now) or the labour department.

I had my fingure prints taken twice in the process. I had two RFE's asking for pay stubs and a letter from the employer stating that am still employed there and that future prospects are good etc etc.

I also paid an extra $1,000, i believe that was a penelty at that time that one could pay if they had overstayed there visa.

Anyway, each year from Januray 1st to Januray 31st the club would be closed, except in 2001. It was closed for an extra month and a half due to clubhouse renovations.

I kept on working for the engineering firm from January 6th 2001, and they asked me to join them full time. So i started working for them fulltime since the club was closed and i needed the extra cash.

When the club finely opened in April 2001, i worked about 20 hours a week because it had just opened up and fulltime work just wasn't there yet at the time.

Then in late May i made up my mind to quit the club and just work for the engineering firm as i was also getting ready to get married and didn't have time for two full time jobs. Plus the fact that i was not given a pay raise at the clubhouse since i joined them in September 1997. I guess techanicaly i still stayed about six months after my I-485 approval even though my pay does not reflect that because of the reason's given above.

So my question is, since i just filed for my citizenship and am getting a little worried reading all these different posts in this forum;

1) Will having two different jobs in two different fields at the same time, cause me any problems?

2) The fact that i didn't make that much money during Januray 1st two May 31st of 2001 give me any problems, even though the pay was what was stated on the forms supplied to labour and INS (USCIS now) departments?

I did work for this employer during the whole process. I am just worried with this "intent and future employment" thing that, not working full time after approval, even though no fault of my own. Of course then not making the required amount for those six months cause any problems?

What i mean is, if i was making for example $2,000 a month and for six month i should have made $12,000. But i only made say $3,000. Is this going to be a problem?

I would really appriciate it if someone can answer this, or if someone has been thru similar kind of situation that can share there exprieance. Thank you.

Regards

HRH
Click to expand...
Ac21 is clearly not applicable in your case as you changed your field. Technically you are OK as you were still employed when your GC was approved. After GC you worked part time for your sponsor, clearly thats a problem. GC has to be for full time employment. You have to get some type of documents to show that you worked full time after GC. You also need some proof on why your sponsor did not pay you after the GC was approved. Better get ready rather than worry
 
Thanks Pralay and Hipka for your reponses, its very much appriciated. I am getting a little confused now. I guess my question now would be, since i was still on the payroll as a fulltime employee, meaning i was getting all the benifits as i if i was employed full time. I know i was not making the money or working fulltime hours for those few months. I was also listed as an fulltime employee on there payroll, isn't this enough to say i was employed full time?

I am also courious as to how they would know how many hours a week i worked, because when i called my previous employer, all they can tell me is that i was employed fulltime from this date to this date. I can ask them to send me this letter stating that i was employed full time from my start date to when i left. I can also ask them to send me copies of paystubs as i do not have all of them anymore, just a few from here and there. I do have the W2's. I think they will already have that information from my SS number, meaning where i worked and what i made before my interview. I am not sure they can figure out if its full or part time employment. Does anyone know how they find that out? Also what other information i should be gathering that they already have not recieved from different agencys?

I am wondering if i should have the employer mail those directly to them (USCIS) or just take it with me when i have my interview, and will this be enough or should i be collecting more information?

Thanks again for all your help, i really appriciate everyones input help.

Regards

HRH
 
need more input from all of you

--------------------------------------------------------------------------------

I have a situation. I got my approval in feb 2005, My prjoject was finished Mar 31st. I waited for two months wih my employer to get me a project but couldnot get any. I joined a full tim job in june.

Now what has happened?

My ex-employer has filed other applications with USCIS. So USCIS has sent a list of some 40 applicants with Receipt numbers (Including Approved cases, currently pending cases). USCIS has asked that what is the status of these employees(Employed or Not). My ex-employer has told me this.

He has to reply to this notice now.
My question is: Should I worry? should I join him back before he replies?

About "Goog faith intent:" I really wanted to work for him. but he could not find a job for two months. Also he is not ready to say this he could not provide a job.

what are suggestions?
__________________
th
 
you have a dilemma:

if u join this employer (A)again ( you have to quit ur present job) then with respect to USCIS u dont have a problem

but if u choose to let employer A report USCIS that u r not working - then either USCIS will not act upon it or they might act - in which case you have the burdern of proof - to show that u did intend to work- but was kept on bench.

alternatively - try to see if ur new employer would be ok if u are also in payroll with employer A for a period of time. in this case you dont have to quit new employer and still would satisfy USCIS
its legal to be in two jobs if u ahve a green card- as long as the companies are ok with it

texash1tracker said:
--------------------------------------------------------------------------------

I have a situation. I got my approval in feb 2005, My prjoject was finished Mar 31st. I waited for two months wih my employer to get me a project but couldnot get any. I joined a full tim job in june.

Now what has happened?

My ex-employer has filed other applications with USCIS. So USCIS has sent a list of some 40 applicants with Receipt numbers (Including Approved cases, currently pending cases). USCIS has asked that what is the status of these employees(Employed or Not). My ex-employer has told me this.

He has to reply to this notice now.
My question is: Should I worry? should I join him back before he replies?

About "Goog faith intent:" I really wanted to work for him. but he could not find a job for two months. Also he is not ready to say this he could not provide a job.

what are suggestions?
__________________
th
Click to expand...
 
What about my situation as described earlier? Can someone please answer that?

Regards

HRH
 
hi hrh
looks like ur case is a little complicated.
advantage u have is: u still worked for this company (A) who sponsored for ur GC - try getting a employment letter stating the same.
u can argue that technically u worked for this company A.
try to see if u can provide documents in such a way that u only changed employers after the timeperiod u worked in company A.
basically what i am saying is: if u r guy who worked with company A for first 6 months and changed employer after that. i think its ok. ( eventhough they might question u regarding the change in the field cooking vs engineering)

but thats ur best bet. if u provide documents that show u had one feet in the engineering company all along that might open a can of worms depending upon the officer looking into ur case.
and needless to say - get a good attorney

hrh said:
Ok, all this talk is making me nervious now. My situation is something like this.
I was working as a cook for a company that ended up sponsoring me for a greencard. I was also working for another firm part time doing some consulting engineering work at the same time. This was back in 1997. Now i didn't get my I-485 approved until 8th January of 2001.

During this whole process i remember that the employer had to put an add in the Washington times and the Washington post for this position, also he placed a notice at the place of work, a clubhouse. He had to also document all the resume's he got if any and what happened in the interview if there were any. All this information was supplied to the INS (USCIS now) or the labour department.

I had my fingure prints taken twice in the process. I had two RFE's asking for pay stubs and a letter from the employer stating that am still employed there and that future prospects are good etc etc.

I also paid an extra $1,000, i believe that was a penelty at that time that one could pay if they had overstayed there visa.

Anyway, each year from Januray 1st to Januray 31st the club would be closed, except in 2001. It was closed for an extra month and a half due to clubhouse renovations.

I kept on working for the engineering firm from January 6th 2001, and they asked me to join them full time. So i started working for them fulltime since the club was closed and i needed the extra cash.

When the club finely opened in April 2001, i worked about 20 hours a week because it had just opened up and fulltime work just wasn't there yet at the time.

Then in late May i made up my mind to quit the club and just work for the engineering firm as i was also getting ready to get married and didn't have time for two full time jobs. Plus the fact that i was not given a pay raise at the clubhouse since i joined them in September 1997. I guess techanicaly i still stayed about six months after my I-485 approval even though my pay does not reflect that because of the reason's given above.

So my question is, since i just filed for my citizenship and am getting a little worried reading all these different posts in this forum;

1) Will having two different jobs in two different fields at the same time, cause me any problems?

2) The fact that i didn't make that much money during Januray 1st two May 31st of 2001 give me any problems, even though the pay was what was stated on the forms supplied to labour and INS (USCIS now) departments?

I did work for this employer during the whole process. I am just worried with this "intent and future employment" thing that, not working full time after approval, even though no fault of my own. Of course then not making the required amount for those six months cause any problems?

What i mean is, if i was making for example $2,000 a month and for six month i should have made $12,000. But i only made say $3,000. Is this going to be a problem?

I would really appriciate it if someone can answer this, or if someone has been thru similar kind of situation that can share there exprieance. Thank you.

Regards

HRH
Click to expand...
 
TheEnquirer said:
you have a dilemma:

alternatively - try to see if ur new employer would be ok if u are also in payroll with employer A for a period of time. in this case you dont have to quit new employer and still would satisfy USCIS
its legal to be in two jobs if u ahve a green card- as long as the companies are ok with it
Click to expand...

I guess he has to be a full time employee with GC sponsorer(employer). May be a part time employee with the new employer.
 
TheEnquirer.

Thanks Enquire, for your input, i can get the paperwork stating that i worked for this company. I also have some paystubs and previous W2's. I have already filed my N-400 and i told them i worked for both the engineering firm and the country club at the same time, i can not change that now by not mentioning it. I am sure they would have found that out anyway when they checked my SS number and whatever other checks they do. I am not sure how much information they gather during these checks before your interview, meaning check with the employer, with the SSA office, IRS, and whatever else checks. The only thing i have on my side is that i have always held both these jobs from back in 1995 and only quit working two jobs in May of 2001. Anyway, do you know what information they will already have and what i will need to bring with me when i have my interview? Thanks again for your help.

Regards

HRH
 
Why People Are Getting Scared

Hey why ppl are getting panicked suddenly because of some imaginary rules.Thanks to the propaganda of some ppl and attorneys....

Attorneys..I understand..they do that to confuse ppl and in turn make more money...Just like software consultant tellling to his/her manager..."I did lot of research and found it....blah...blah..."

DONT WORRY GUYS....Let one case hit the site...There will be enough time for everybody to present their case,... Go live your lives...Dont get panicked and worried until death
 
Keep it to yourself

JoeF said:
Not propaganda and not imaginary rules. These rules always existed. Putting the head in the sand and hoping that they would go away doesn't help.
Furthermore, "security through obscurity" never works. To minimize the impact of possible problems later on, it is important to know that there may be a problem in the first place. Only once the problem is known can a strategy to minimize the impact be devised.
Click to expand...

JoeF and Pralay....

Dont become Propoganada machines...

Keep your wise talk to yourself... LAW IS NOT CLEAR...THERE IS NO TIMELINE GIVEN.... Any kid with least of common sense can understand that...AND unless you are "Putting the head in the sand and hoping that these rules are existing"...

Open your EARS and listen... The reason (you ma call it "intent") behind AC21 is.. since the AOS is taking too much time to approve.. why not give applicants flexibility of changing jobs if its past 6 months. which implies that immigrant can change jobs at his WILL after adjustment of status. These rules are not to made just for sake of making them.

Why dont you understand that rules are made for the convenience of people...not to fool around....In the light of AC21 (dont start the stupid argument its only when 485 is pending etc...) NOBODY... make no mistake...NOBODY can even ask a question why you changed job after getiing GC.. be it be one day or one year of getting GC...

Aaaaree... I dont know how you and your friends imagined this 6 months rule.... pure nonsense...misleading people.... If asked why "6 months..." you guys are giving crap... 6 months are enough to prove that you had intent of staying with the employer....In the same spirit... why dont you say "6 years are enough to prove the intent".... The reason is simple...
6 MONTHS suits you and your friends best... and you are jealous of ppl changing jobs and getting good salaries as soon as they get GC.

You imagined some rule and and scared of that rule... This reminds me of my own fear of heights... I am scared to death when I visit tall buildings/towers or even just mountains... I feel any moment it may collapse...I have false imaginations of tall buildings...

You have false imaginations of 6 months and "intent crap"....

I accept my imagination of tall buildings as some sort of fear and keep it to myself and dont let ppl feel the same.. and you dont accept your imaginations and you want ppl to be scared like you...

I suggest you to take a break... JUST TAKE A BREAK...

I hope you will come out this 6 months mess and able to think good rationale..

PS: CP is totally different ball game. I cant say the same thing with CP.
 
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worldmonitor_1 said:
JoeF and Pralay....

Dont become Propoganada machines...

I suggest you to take a break... JUST TAKE A BREAK...

I hope you will come out this 6 months mess and able to think good rationale..

PS: CP is totally different ball game. I cant say the same thing with CP.
Click to expand...

Agree with you! The core of the theory invented by Pralay and JoeF is: leaving job after GC can cause conviction of "fraud" (so that you will be deported). But actually, they really do not know what is the legal meaning of "fraud"(JoeF does not know fraud involves facts you presented to USCIS), how to prove it and who should prove it (pralay repeatedly claimed that the burden is on the applicants).

United States Supreme COurt gave a clear explanation on how to prove "fraud"----the four elements:" 8 USCS § 1182(a)(6)(C)(i) requires the government prove by clear and convincing evidence four things: (1) the person misrepresented or concealed some fact; (2) the person did so willfully; (3) the fact was material; and (4) the misrepresentation resulted in the person obtaining a visa, documentation, or entry into the United States. Kalejs v INS (1993, CA7) 10 F3d 441"

So, every person who has suspision on his situation, check your case in light of the four elements set by the US supreme court, find the answers by yourself. Do not be mislead or scared by some persons who do not understand the law!
 
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WorldMonitor and WorldGod (means wurzbach),

What is your problem? Don't you have any thing better to do than misguide people?

Talking of law... do you understand the BASIC fact that criminal court, civil court and immigration court are completely different. Do you know that a person can be excused from criminal court but can be liable for damage in the civil court for the same crime.

Innocent until proven guilty works in criminal and civil court. In immigration court this liability is with you.

Grow up. Read and understand the facts. Then guide the folks in this forum.

I am not an expert in "6 month law", and don't know whether the good faith limit is a year or 6 month or 6 weeks or 6 hours, but what I know is use your common sense. My common sense says that it cannot be 6 hours or 6 days. I'll rather be safe than sorry.

It's a free world. My advise is free too. You are free to ignore it too.
 
honeslty no. i dont know if for each and every case they will have the entire SSN history. I think they first think in terms of security so u bet they would have an FBI report. but other than that iam not sure.
since not all citizenship applicants are GC holders thru employment - i doubt they have a directive to have ur SSN records. again i think its jsut he matter of technology - with the vision of DHS having all info - may be in future they will have a system in which ur entire record (life!!!) would come on their screen druing interview - but its not as of now - if that relieves some of ur pressure :)
hrh said:
TheEnquirer.

Thanks Enquire, for your input, i can get the paperwork stating that i worked for this company. I also have some paystubs and previous W2's. I have already filed my N-400 and i told them i worked for both the engineering firm and the country club at the same time, i can not change that now by not mentioning it. I am sure they would have found that out anyway when they checked my SS number and whatever other checks they do. I am not sure how much information they gather during these checks before your interview, meaning check with the employer, with the SSA office, IRS, and whatever else checks. The only thing i have on my side is that i have always held both these jobs from back in 1995 and only quit working two jobs in May of 2001. Anyway, do you know what information they will already have and what i will need to bring with me when i have my interview? Thanks again for your help.

Regards

HRH
Click to expand...
 
BK23 said:
WorldMonitor and WorldGod (means wurzbach),

What is your problem? Don't you have any thing better to do than misguide people?

Talking of law... do you understand the BASIC fact that criminal court, civil court and immigration court are completely different. Do you know that a person can be excused from criminal court but can be liable for damage in the civil court for the same crime.

Innocent until proven guilty works in criminal and civil court. In immigration court this liability is with you.

Grow up. Read and understand the facts. Then guide the folks in this forum.

I am not an expert in "6 month law", and don't know whether the good faith limit is a year or 6 month or 6 weeks or 6 hours, but what I know is use your common sense. My common sense says that it cannot be 6 hours or 6 days. I'll rather be safe than sorry.

It's a free world. My advise is free too. You are free to ignore it too.
Click to expand...

I have not problems at all, but since your ID is new to me, let me point out some problems you have:

1) Did you read my post before you blame on me? if not, read it first.

2) The post I gave is the interpretation of the law by The United States Supreme Court, the final voice on this soil about any law (including Constitution and immigration law). All administrative officers are following the interpretations by this court. Do you understand?

3) The supreme court gave a clear guide on what is the meaning of fraud
and how to prove "fraud" pursuant to INA 212 (or 8 USC 1182) (which was the stone JoeF and Pralay stands on): The GOVERNMENT is required to prove the four elements by CLEAR AND CONVINCING evidence.

I think the person who needs to grow up is you, not me.
 
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