after GC worked 5 months

C

chinnaseenu

Registered Users (C)
Hi,
I left GC sponsor company after 5 months and i was forced to resign from my consulting company since they were not keen to keep me after GC. but they didn't lay off but they asked me to resign and i did at that time woithout thinking of consequences.

would that be problem for my Citizenship in interview?
i have interview scheduled on 09/10/09.

Thanks in advance.
06/13/09 - NOA
07/18/09 - FP (as per schedule)
09/10/09 - Interview Schedule (Mt Laurel, NJ)
 
Re

You got your GC, Then you resigned from th company that sponsered your GC. Where is the problem. The whole reason of getting GC is to get independence to work anywhere you like. Unless the resignation was becuse you commited some crime or fraud with the company, which will not show on any records unless it was take to court.
 
I'm thinking that a person has to work atleast 6 months to the GC sponsor employer after GC approval.

is that a law or ?

Thanks
Sreeni
 
chinnaseenu said:
I'm thinking that a person has to work atleast 6 months to the GC sponsor employer after GC approval.

is that a law or ?
Click to expand...
The employee is supposed to work for the GC sponsor* after GC approval, on a "permanent" basis, but there is no law that specifies how long that is. 6 months is just speculation from various lawyers based on what they think would be enough. But until there is a court case or USCIS memo that draws the line somewhere, nobody knows for 100% sure if 1 day or 1 month or 1 year is enough.

So far there are no known denials for leaving the employer too soon, but some who left in less than 1 month were harassed in the interview about it but still got approved after they defended themselves and the supervisor was consulted.


*either the original sponsor or the new sponsor based on AC21
 
It is not an issue since it is not your fault that they forced you to resign and UCSIS got you a green card. Don't worry.

Only the issue might arise if the person quits early (not lay off or fired) after s/he obtains a green card. It is not really a law, but it would make the officers mad as they would think it is green card fraud. I have seen some cases.
 
I am quitting my bodyshop after 5 months on GC. Before that I worked for them for 2 years, and if any questions come up at future citizenship interview, I am going to explain I quit because they refused to give me prevailing wage I was promised to get upon receiving GC.
Do you think this excuse is safe enough?
 
Passer-by said:
I am quitting my bodyshop after 5 months on GC. Before that I worked for them for 2 years, and if any questions come up at future citizenship interview, I am going to explain I quit because they refused to give me prevailing wage I was promised to get upon receiving GC.
Do you think this excuse is safe enough?
Click to expand...

If this prevailing wage is required by law for GC sponsor? If Yes, don't do
that because that means the GC sponsor commited a fraudish, even it is their faullt, it may jeopardize petion's benefinicary.
 
the only issue i see is, if they probably did not lay you off but had u resign is because they did not want to pay severance pkg and unecessary questions from department of labour
This is probably a economic loss to if anything
 
WBH said:
If this prevailing wage is required by law for GC sponsor? If Yes, don't do
that because that means the GC sponsor commited a fraudish, even it is their faullt, it may jeopardize petion's benefinicary.
Click to expand...
Well, technically it's hardly a fraud. It would be a fraud if it can be proved company had no ability to pay and had no intention to do so. Them are smart guys and they explained it to me like 'due to bad economic situation and _current_ financial situation with the company' blah-blah unfortunately we cannot give you a raise.'
Again, technically, it may happen, say, company went bankrupt after I received GC, or just business is going down etc. Their point is 'we were willing and able to give that salary when filing I140, but our business was going down since than and we cannot pay it now, when you GC is approved'
And, BTW, 'Don't do' what? don't quit or don't use that excuse?
 
Last edited by a moderator:
Technically, the company's intention when you become an LPR should be to employ you permanently and your intention should be to work for the company permanently. So fraud could happen if it could be proven that either party did not have such intentions.

Unfortunately, I don't think there are any hard guidelines as to what this means in terms of how long the employment relationship is supposed to last after you become a LPR. Some have suggested 2 years is definitely enough because that is the length of time required if you become an LPR through marriage and employment is presumably a less permanent relationship than marriage.

I've only heard about people getting into trouble because they quit shortly after becoming an LPR and their companies reported it to INS/USCIS.
 
c1mth0g said:
Technically, the company's intention when you become an LPR should be to employ you permanently and your intention should be to work for the company permanently. So fraud could happen if it could be proven that either party did not have such intentions.
Click to expand...
Well, that's exactly right and I intentionally stayed with them for another 5 months after GC even though I was seriously under payed, just to prove my intention to work for them...
 
Laid off before getting GC - Now applying for citizenship

Hi,
I was laid off before getting my GC. I was working for some other company when I got my GC.
Will that be a problem in interview?
Also I am sending following document with my application:
1. Green card copy.
2. N 400 application.
3. Photographs
4. Fee.
Is this enough?

Please let me know.

Thanks in advance.
 
chinnaseenu said:
Hi,
I left GC sponsor company after 5 months and i was forced to resign from my consulting company since they were not keen to keep me after GC. but they didn't lay off but they asked me to resign and i did at that time woithout thinking of consequences.
Click to expand...
In the future, don't let a company "force" you to resign if you have done nothing wrong. If they want to get rid of you, make them lay you off. If you resign, you cannot claim unemployment benefits (unless you get a lawyer to help you prove that the company's mistreatment of you effectively was like an involuntary termination ... but that route is difficult and expensive).
 
no proof. basically it was a consulting company and they stopped looking a job for me since they were thinking i'll not stay for long time after GC. so they
stopped searching a job for me. then i looked for job on my own and resigned to existing company and moved on.
but that GC sponsor company was ok. not bad. no complaints.
but never thought that i have to work for them atleast 6 months. but they are not going to protest against me that i have not worked for them long time after GC.

Thanks
Sreeni
 
How did your interview go?

I am also in the same situation where I resigned my GC sponsored employer within three months.

chinnaseenu said:
no proof. basically it was a consulting company and they stopped looking a job for me since they were thinking i'll not stay for long time after GC. so they
stopped searching a job for me. then i looked for job on my own and resigned to existing company and moved on.
but that GC sponsor company was ok. not bad. no complaints.
but never thought that i have to work for them atleast 6 months. but they are not going to protest against me that i have not worked for them long time after GC.

Thanks
Sreeni
Click to expand...
 
You must log in or register to reply here.
Top