Can Sponsor Revoke My Green Card?

[nurse630]

I am an RN who recently arrived in the US via EB-3 immigrant visa. The I-140 and I-485 were filed concurrently so I received my green card within a few days after arrival. I found out on the day of arrival that my petitioner did not have a ready job for me. I suspected something was not right because the offer of employment (aka job order) that my petitioner submitted to the Embassy specifically indicated that I will be working for the petitioner. I waited 3 weeks but still no job. Then I was told that I have to work for another recruiting agency in another state. Desperate to find a job, I immediately accepted the job offer. The contract that I signed specifically indicated that “employee can terminate the contract at any time for any reason”. I changed my mind and decided not to relocate so I cancelled the contract with the agency. I found out later that my contract was “sold” to this recruiting agency for $9,500.

My petitioner advised me that they are willing to release me from the contract if I will pay $15,000! My contract with the petitioner did not mention anything about a “buy out”. Further, the contract contained a provision that “employment can be terminated at will, by either party, at any time, for any reason”. I told my petitioner I wanted to exercise my right to cancel our contract based on that provision.

I then proceeded to seek employment elsewhere on my own. My green card is valid for 10 years with no conditions attached so I did not have any trouble getting a job at a local hospital. A few days ago, my petitioner wrote a letter to INS seeking revocation of my EB3 visa because I did not fulfill my obligation with my sponsor. Help pleeeease! Will my green card be revoked under these conditions? Please advise what actions I need to do.

 

[baikal3]

I am an RN who recently arrived in the US via EB-3 immigrant visa. The I-140 and I-485 were filed concurrently so I received my green card within a few days after arrival. I found out on the day of arrival that my petitioner did not have a ready job for me. I suspected something was not right because the offer of employment (aka job order) that my petitioner submitted to the Embassy specifically indicated that I will be working for the petitioner. I waited 3 weeks but still no job. Then I was told that I have to work for another recruiting agency in another state. Desperate to find a job, I immediately accepted the job offer. The contract that I signed specifically indicated that “employee can terminate the contract at any time for any reason”. I changed my mind and decided not to relocate so I cancelled the contract with the agency. I found out later that my contract was “sold” to this recruiting agency for $9,500.

My petitioner advised me that they are willing to release me from the contract if I will pay $15,000! My contract with the petitioner did not mention anything about a “buy out”. Further, the contract contained a provision that “employment can be terminated at will, by either party, at any time, for any reason”. I told my petitioner I wanted to exercise my right to cancel our contract based on that provision.

I then proceeded to seek employment elsewhere on my own. My green card is valid for 10 years with no conditions attached so I did not have any trouble getting a job at a local hospital. A few days ago, my petitioner wrote a letter to INS seeking revocation of my EB3 visa because I did not fulfill my obligation with my sponsor. Help pleeeease! Will my green card be revoked under these conditions? Please advise what actions I need to do.

Sorry to hear about your situation.

First, you need to take a deep breath and calm down.

Second, consult a good immigration lawer. The lawer can be from anywhere in the country, not necessarily the same city where you are now.

Third, my feeling is that, even assuming that USCIS decides to investigate your case (and they don't have to do that, even though your I-140 sponsor asked them), you should be able to prevail. You made a bona fide effort to start working for the employer who sponsored your I-140. In fact, that employer might be in more trouble than you.


Finally, certainly do not pay the company $15,000. It does not sound like they have any right to demand such a payment from you. I would consult a labor lawer, in addition to the immigration one, as well.

There was one thing that I found confusing about your post. You can only file I-485 (application for adjastment of status) when you are already in the U.S., not from abroad. So I don't understand how you got the actual green card "a few days after arrival".
People applying for a green card from abroad have to go through the so-called "consular processing", which is a very different process from "adjastment of status", that is, filing I-485. It sounds like you have actually gone through consular processing. Is that correct?

 

[ginnu]

I am an RN who recently arrived in the US via EB-3 immigrant visa. The I-140 and I-485 were filed concurrently so I received my green card within a few days after arrival.
----------------I-485 is filed when you are in US I think employer filed I-140 and you got immigrant visa through consulate and when you reached US at airport you got passport stamp and later got the Card
I found out on the day of arrival that my petitioner did not have a ready job for me. I suspected something was not right because the offer of employment (aka job order) that my petitioner submitted to the Embassy specifically indicated that I will be working for the petitioner. I waited 3 weeks but still no job. Then I was told that I have to work for another recruiting agency in another state. Desperate to find a job, I immediately accepted the job offer. The contract that I signed specifically indicated that “employee can terminate the contract at any time for any reason”.

I changed my mind and decided not to relocate so I cancelled the contract with the agency.
I found out later that my contract was “sold” to this recruiting agency for $9,500.
------do you have evidence?
My petitioner advised me that they are willing to release me from the contract if I will pay $15,000!
---------- do you have any evidence???
My contract with the petitioner did not mention anything about a “buy out”. Further, the contract contained a provision that “employment can be terminated at will, by either party, at any time, for any reason”. I told my petitioner I wanted to exercise my right to cancel our contract based on that provision.

I then proceeded to seek employment elsewhere on my own. My green card is valid for 10 years with no conditions attached so I did not have any trouble getting a job at a local hospital.
A few days ago, my petitioner wrote a letter to INS seeking revocation of my EB3 visa because I did not fulfill my obligation with my sponsor.
--------- how do you know that he wrote letter to USCIS??(INS is no more)
Help pleeeease! Will my green card be revoked under these conditions?

Please advise what actions I need to do.

*** talk to good lawyer with all the evidence what you are writing

 

[nurse630]

Ginnu is right. Employer filed I-140 & I received immigrant visa through Consulate abroad. I have evidence in my possession that I can provide to an attorney. It was clear my petitioner cannot hire me nor have the means to hire me. It’s only purpose was to bring nurses to the US and profit from them by “selling” to other recruitment agencies. Imagine if you can bring at least 30 nurses a year, and sell them to recruiting agencies for $10K each, that would be $300K a year! If beneficiary agrees to "buy out" the contract at $15K each, that will be $450K a year! Somehow this doesn't sound right. A colleague said this equates to human trafficking! My gut feeling says that when petitioner offered me a job to work in his company, I should be working there, not "sold" to other recruitment agencies. I happen to live in Virginia where employment is "at will" or terminable by either employer or employee for any reason. That’s why this language was included in the job offer.

My sponsor provided me a copy of letter it sent to USCIS. The letter requested a revocation of my EB3 visa. I looked at my passport and my immigrant visa was issued May06 with expiry date of Nov06. Excuse me for my ignorance, but does it matter? I now have a green card and already residing in the US. I don't need that visa anymore. There's no need to revoke that visa since it's expiring anyway. Help me understand this process.

 

[Mo-wonder]

i strongly suggest consulting an immigration lawyer..your case is very unique as of my understanding the 10 year green card can not be revoked but again i'm not a lawyer and only a lawyer will give you a staright annswer..good luck!!!

 

[nurse630]

I did some research and found that the regulations governing revocation of employment-based immigrant visa petitions are found at 8 CFR 205.1 and 205.2 (Code of Federal Regulations Title 8). I did not find any of those listed that apply to my situation. If any of you have the time, please read it and let me know what you think. Maybe I can sleep well at night?

 

[ginnu]

Ginnu is right. Employer filed I-140 & I received immigrant visa through Consulate abroad. I have evidence in my possession that I can provide to an attorney. It was clear my petitioner cannot hire me nor have the means to hire me. It’s only purpose was to bring nurses to the US and profit from them by “selling” to other recruitment agencies. Imagine if you can bring at least 30 nurses a year, and sell them to recruiting agencies for $10K each, that would be $300K a year! If beneficiary agrees to "buy out" the contract at $15K each, that will be $450K a year! Somehow this doesn't sound right. A colleague said this equates to human trafficking! My gut feeling says that when petitioner offered me a job to work in his company, I should be working there, not "sold" to other recruitment agencies. I happen to live in Virginia where employment is "at will" or terminable by either employer or employee for any reason. That’s why this language was included in the job offer.

My sponsor provided me a copy of letter it sent to USCIS. The letter requested a revocation of my EB3 visa.

---------------Visa is stamped by DOS not by USCIS. what is the matter written on letter the employer sent and what is the address on it where he sent it???
I looked at my passport and my immigrant visa was issued May06 with expiry date of Nov06. Excuse me for my ignorance, but does it matter?
I now have a green card and already residing in the US. I don't need that visa anymore. There's no need to revoke that visa since it's expiring anyway. Help me understand this process.

 

[wik]

I did some research and found that the regulations governing revocation of employment-based immigrant visa petitions are found at 8 CFR 205.1 and 205.2 (Code of Federal Regulations Title 8). I did not find any of those listed that apply to my situation. If any of you have the time, please read it and let me know what you think. Maybe I can sleep well at night?

I think others here have said this several times, but it's worth repeating. You need to consult a reputable immigration attorney/firm to represent you and to explain the LAW to you as it relates to your situation. Knowing the facts and what is likely to happen in the future will be the key to helping you sleep at night; not worrying about the wording of employment contracts or the interpretation of government regulations!

Very best of luck to you.

 

[nurse630]

Ginnu -
The letter my sponsor wrote to USCIS reads "I am writing to request the revocation of the EB3 visa given to XXX".
It was addressed to Sandra Bushy at USCIS Vermont Service Center Saint Albans, VT with copies to (1) the National Visa Center in Portsmouth, NH and (2) the Consular office abroad where I had my visa interview.

My sponsor's letter listed 2 numbers:
(1) Immigrant Visa number (that's the number stamped on my passport). Visa was granted May06. Expiration: Nov06. I arrived in the US July06 and is now in possession of a green card which is valid for 10 years with no restrictions.
(2) It also mentioned the Receipt Number from Form I-797. This form was an Approval notice stating that the petition for I-140 has been approved. I think this is an irrelevant number at this point because I received another Form I-797 3 weeks after I arrived in the US. This form reads:
"Welcome to the United States. We have received your immigrant visa packet from the Port of entry where you entered the US. At the top of this notice you will see a very important number. It is your USCIS account number (A-number). This account number is very important to you. You will need it whenever you contact us.. This A-number is also my green card number. My sponsor does not know that number because I received it directly.

I already contacted 2 immigration lawyers but none appears to be familiar with my situation. They are more familiar with H-1B visas. But nurses are different. Because of extreme shortage of nurses in this country, we are exempt from Labor certifications. When a company files form I-140, it gets approved within 4-8 weeks. The I complete background investigation, police clearance and medical exam. Then I wait for my scheduled interview with the consular officer. I am also allowed to bring my family and we all granted Immigrant visas, then followed by green card within 2 weeks after arrival.

I have consulted w/ several people and came with the consensus that I came as an immigrant, that I will work for my sponsor, but both parties can terminate at any time for any reason as stated in the contract. I can continue working with other employers provided I intend to engage in the same profession.

I have an appointment with another immigration lawyer. I will wait to hear what he says.

 

[ginnu]

Ginnu -
The letter my sponsor wrote to USCIS reads "I am writing to request the revocation of the EB3 visa given to XXX".
It was addressed to Sandra Bushy at USCIS Vermont Service Center Saint Albans, VT with copies to (1) the National Visa Center in Portsmouth, NH and (2) the Consular office abroad where I had my visa interview.
---------------------- He did sent letter to USCIS, NVC and Consulate, he wrote the correct info giving your visa number, I-40 petition approval number that is enough info from his side
My sponsor's letter listed 2 numbers:
(1) Immigrant Visa number (that's the number stamped on my passport). Visa was granted May06. Expiration: Nov06. I arrived in the US July06 and is now in possession of a green card which is valid for 10 years with no restrictions.
(2) It also mentioned the Receipt Number from Form I-797. This form was an Approval notice stating that the petition for I-140 has been approved. I think this is an irrelevant number at this point because I received another Form I-797 3 weeks after I arrived in the US. This form reads:
"Welcome to the United States. We have received your immigrant visa packet from the Port of entry where you entered the US. At the top of this notice you will see a very important number. It is your USCIS account number (A-number). This account number is very important to you. You will need it whenever you contact us.. This A-number is also my green card number. My sponsor does not know that number because I received it directly.

I already contacted 2 immigration lawyers but none appears to be familiar with my situation. They are more familiar with H-1B visas. But nurses are different. Because of extreme shortage of nurses in this country, we are exempt from Labor certifications. When a company files form I-140, it gets approved within 4-8 weeks. The I complete background investigation, police clearance and medical exam. Then I wait for my scheduled interview with the consular officer. I am also allowed to bring my family and we all granted Immigrant visas, then followed by green card within 2 weeks after arrival.

I have consulted w/ several people and came with the consensus that I came as an immigrant, that I will work for my sponsor, but both parties can terminate at any time for any reason as stated in the contract. I can continue working with other employers provided I intend to engage in the same profession.

I have an appointment with another immigration lawyer. I will wait to hear what he says.
------------- where in US are you located?

 

[nurse630]

Ginnu -

I am located in Virginia

 

[hipka]

Ginnu -

I am located in Virginia

nurse630, you have not clarified some points which can make a big difference in your case.
1) Did your sponsor ask you to terminate your job with him and take up employment with someone else OR did he place you ONSITE another employer but you were still an employee of your sponsor?
2) What was the job offer in the 140? What proof did your sponsor give USCIS before it was approved?

There are certain rights and obligations you have once you get an employment based GC. Firstly you are supposed to work for your sponsor when you come to the US. You can't walk out on him if you get a better job. The only exception to this is when your sponsor does NOT keep his word, i.e. he says he will pay 60K but only pays 30K or if he says you'll work in virginia but job is in texas. That is why it is important to see what type job offer was made in the 140. So unless you can provide that information all our suggestions will not be of much value.

Unfortunately the 'at-will' employment clause will not be very helpful in an immigration case. Employment based immigration law was written with the intent of providing labor to companies, so other employment laws will not save you if you violate immigration law.