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 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