GC approval will be reviewd @ the time of naturalization interview - any probs for AC21's ??

EB-3 Category case; GC Approved in 2008; Naturalization Interview Done; further documents requested

I needed some important input from the forum members. I am a permanent resident since December 2008. I recently had my citizenship interview in which i was requested to provide further documentation about my I-I40 Petitioner /sponsor. I was sponsored by a hair salon under the EB 3 category and had a bonafide offer of employment at the time of filing for my I-485. By the time i received my green card, the hair salon was still in business but not doing well financially due to bad economy. As i had received my GC, I met with my sponsor to discuss my employment. However, the sponsor was not able to hire me due to a hiring freeze and bad economic conditions. I was only able to do volunteer work or new training with the hair salon but on a non paid basis. At the same time i was working in an IT field and was forced to continue in that job to make a living.

I am a beneficiary of provisions of 106(c) AC 21 where it states that "there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized". Due to that, i worked in an IT field and was keen to work with the Hair Salon after receiving my green card. That did not happen.

At the time of my naturalization interview, i was asked by the officer if i had any documents of employment from the sponsor. I only had the offer of employment letter from the sponsor with me which i showed to the officer. Towards the end of the interview, i was given a document by the officer that listed that i need to be able to provide either company letter from the sponsor; w-2s, paystubs or taxes. I do not have any of that in my possession as i was unable to work with my sponsor. I can however get a company letter from my sponsor stating the reasons for not hiring me and that i do have an existing relationship with the hair salon and its owner.

Should i be concerned that USCIS might deny my citizenship due to insufficient proof/verification of employment with the sponsor? The law does state that: "If USCIS finds out that the employee was just waiting for his/her immigration to be completed before jumping to a new job, then they are likely to charge fraud. If, on the other hand, it appears that the employee really did intend to stay with the petitioning employer indefinitely at the time of immigrating, but a legitimate reason later developed for leaving (like employer's business took an unexpected downturn and the employer had to lay off workers), then there should be no problem.

Even if the employer does not mind the employee leaving immediately after getting the green card, it is not OK for USCIS. Both employer and employee should have good faith to have that employer/employee relationship on a permanent basis."

Kindly let me know, please.

Thanks,

dfarrakh
 
I think the problem or red flag was that you changed fields.

Also, you said you were a gc since dec 2008. When did you sent your application? The earliest you could do it was 9/2/2013. So your case only took 12 days between application and interview?
 
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EB-3 Category case; GC Approved in 2008; Naturalization Interview Done; further documents requested

I think the problem or red flag was that you changed fields.

Also, you said you were a gc since dec 2008. When did you sent your application? The earliest you could do it was 9/2/2013. So your case only took 12 days between application and interview?

I apologize, i meant to write that i received my green card in December 2007; not December 2008. I applied for my citizenship this year, June 2013.
 
How did they know you were not working for the sponsoring employer at the time of gc approval if the app only asks to list the last 5 years of employment? Also, the problem i see is that you never worked on the field your lc was filed .... That is the main issue. You never work for the petitioner before or after the gc, nor did you work on the same field. That is a huge red flag. Can you consult with an attorney?
 
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How did they know you were not working for the sponsoring employer at the time of gc approval if the app only asks to list the last 5 years of employment? Also, the problem i see is that you never worked on the field your lc was filed .... That is the main issue. You never work for the petitioner before or after the gc, nor did you work on the same field. That is a huge red flag. Can you consult with an attorney?

Thank you for your reply. I was asked who i worked for prior to 5 years, so i told her. I also was not under any obligation to work for the sponsoring employer until i received my green card. The sponsoring employer was intent on hiring me after i received my green card but when i received it and spoke with the sponsor he was unable to hire me due to financial concerns, budget issues and freezing hire. I was able to only go and volunteer, help out in any way i can and even got further training. That was the extent of our relationship, however, i was keen on working with him, our hands were tied due to bad economic times.
 
Your answer lies here "the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment". If both of you i.e. employer and you had intent to offer and accept a bonafide job, you have satisfied the requirement, but to bad economy you were not offered the job when green card was approved. This fact cannot nullify original intent.
 
Your answer lies here "the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment". If both of you i.e. employer and you had intent to offer and accept a bonafide job, you have satisfied the requirement, but to bad economy you were not offered the job when green card was approved. This fact cannot nullify original intent.

Thank you for your reply, i really appreciate some encouraging news. The keenness on both parties very much existed but since in late '07 and '08 and the years after, due to severe recession, jobs were being cut and hiring freeze imposed. Very unfortunate but the intent was there and the relationship exists even to this day. An affidavit to that effect will be presented by the sponsor, myself and a co-worker who is witness to the unfortunate situation. Hopefully that would suffice. Thank you again for your helpful insights everyone. Much appreciated during this time.
 
Please update with info on your naturalization, wishing you the best, let us know when you get the oath.

Thank you for the support and your interest. I can't wait for the case to be approved and then on to the oath taking ceremony. I will update you and keep you posted.
 
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