Employer did not offer me employement

[meenakshi1]

Hi,

Company abc filed for my GC but before i got my EAD card, i was laid off. But the employer mentioned that they will continue processing my GC application and will hire me after I get my GC approval.

I got my GC approved June 2005. The employer gave me a letter to show to INS at the time of interview stating that they will hire me after my GC is approved. But actually they didnt have anything for me, didnt hire me and dont have any intention of hiring me. I am not working with them either.

Will this create a problem for me when i apply for my Citizenship if at all i do ?

Please advice...

thanks

-meenakshi

 

[hipka]

Hi,

Company abc filed for my GC but before i got my EAD card, i was laid off. But the employer mentioned that they will continue processing my GC application and will hire me after I get my GC approval.

I got my GC approved June 2005. The employer gave me a letter to show to INS at the time of interview stating that they will hire me after my GC is approved. But actually they didnt have anything for me, didnt hire me and dont have any intention of hiring me. I am not working with them either.

Will this create a problem for me when i apply for my Citizenship if at all i do ?

Please advice...

thanks

-meenakshi

Your GC is invalid unless you used AC21. It will definitely create a problem when you file for citizenship.

 

[GotPR?]

it is not a problem not to use AC21. AC21 does not say one has to be employed during first 180 days, but it just says I485 must be PENDING for 180 days.
Now the problem in this case is employer did not have intention to hire , but wrote the letter with employment intent. That is a fraud.

 

[hipka]

it is not a problem not to use AC21. AC21 does not say one has to be employed during first 180 days, but it just says I485 must be PENDING for 180 days.
Now the problem in this case is employer did not have intention to hire , but wrote the letter with employment intent. That is a fraud.

That is what I am saying, meenakshi should have given a letter to USCIS stating that original employment is no longer valid and a new sponsor has been found, then it would have been Ok.
In this case although the employer never had an intent to hire he can always escape stating adverse business conditions forced him to cancel the job. There is nothing which prevents an employer from scrapping an offer made earlier. He can do this with or without reason. The mere fact that he gave a letter stating he would hire in the future does not create any obligation to hire.
If the employer fails to hire it is the headache of the immigrant to find a new job and convince USCIS that the case is good for AC21.

 

[ginnu]

Hi,

Company abc filed for my GC but before i got my EAD card, i was laid off. But the employer mentioned that they will continue processing my GC application and will hire me after I get my GC approval.

I got my GC approved June 2005. The employer gave me a letter to show to INS at the time of interview stating that they will hire me after my GC is approved. But actually they didnt have anything for me, didnt hire me and dont have any intention of hiring me. I am not working with them either.

Will this create a problem for me when i apply for my Citizenship if at all i do ?

Please advice...

thanks

-meenakshi

------------- If your GC was approved on 1 June (or the Interview date) and you can get a letter signed by employer ABC 2nd June (next day of Interview date) it may save you. Try to get letter that due to some reason they don’t have job for you and letter should have date on letter. at the time of Citizenship Interview your complete A# file is checked and the officer reads all the info in the file. Talk to good lawyer with all the details before you file your Citizenship application. On part of employer it is fraud according to USCIS and your getting GC may be seen as fraud by USCIS. Let the lawyer draft a letter dated earlier with valid reasons not having job for you after GC approval date and get it from Employer abc . You did a big mistake of not invoking AC21 at the time of Interview or before your I-485 approval.

 

[TheEnquirer]

one more thing to be on safer side

hi

make sure you wait for more than 5 years... 6, 7, 8 years before applying for citizenship.

they ask for details for the last 5 years before applying for citizenship.

pls get as much info as the other members have suggested but also apply later. this way u can avoid a lot of trouble

in the worst case if they go back for more than 5 yr hisotry - then u can use the docs that u collect now

 

[Fort_User]

Not to worry much

In this forum many (99%) write based on their theoritical knowledge. I have a strong feeling it is not worth to take decision based on their words.


According to me you better to get opinion from lawyer and do accordingly.

Otherwise also relax.....because you are not alone...tons of people like you are there.

If you ask the guys for proof who scare you, they will vanish.

 

[hipka]

In this forum many (99%) write based on their theoritical knowledge. I have a strong feeling it is not worth to take decision based on their words.


According to me you better to get opinion from lawyer and do accordingly.

Otherwise also relax.....because you are not alone...tons of people like you are there.

If you ask the guys for proof who scare you, they will vanish.

Absurd, we are advising based on our experience and understanding of the law. Forums are only meant for guidance, no one should decide based on what is written here. Consult an attorney after you gain knowledge in this forum. Then he won't be able to take you on a ride!
I can definitely give some proof for what I am telling, but that would involve revealing names of people and companies, which I don't want to do.