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Employment based green card and naturalization
- Thread starter ciuciu
- Start date
harvydonald
Registered Users (C)
I agree, it does not matter how you got your Green Card. You can apply under three year rule.
Just make sure that on the day you apply you have completed three years of marriage to a Citizen. If your spouse recently took a oath, then the days before her oath don't count towards the three years.
Just make sure that on the day you apply you have completed three years of marriage to a Citizen. If your spouse recently took a oath, then the days before her oath don't count towards the three years.
Thanks everyone. The funny thing is I asked the same question to a company attorney and he first said no, you cannot use the three year rule. Then I did some reading of the I-400 instructions and it doesnt' say anywhere about such an exception. When I asked again, the same question, the atty. said I should be ok. Go figure.
rorypirrie
Registered Users (C)
I would say you can use the 3 year rule. I would also suggest a new lawyer.
code_blue911
New Member
Hi, my question is regarding employment based green card and naturalization. Is it going to get you in trouble if you came here in the US 8 yrs ago with an employment based green card as registered nurse and was sponsored by an employer but you did not work for that employer to fulfill the contract because you were not happy with the situation and basically the contract was not met by the employer themselves, and was released from the contract and work for another company. Correct my if I`m wrong, but as far as I know, this will be a problem if you came here with a working visa like H1B. Now here comes the interview for naturalization and the USCIS officer asked you about it and he doesnt seem to understand you when he asked you to explain why you did not work for that employer. And when you are explaining it to him he stops you while you are talking and explaining it to him in a simple way that he would understand the situation. Told you passed the interview but cannot give you the decision yet and will review the employment details and would give send you a mail regarding their decision in 90 days. By the way, on top of the green card, this person also recently married to a US born citizen. Does this case needs a consult with immigration lawyer now or will just wait for their decision before consulting a lawyer? Please help! Thanks!
sanjoseaug20
Registered Users (C)
is it a hypothetical question?
if hypothetical, i think the chances of employment being scrutinized 8 years back is very low.
if this already happened, i think the officer did not like this aspect, and is likely going to deny. better consult with lawyer before decision since it will give you time to formulate an appeal strategy with abundance of time.
if hypothetical, i think the chances of employment being scrutinized 8 years back is very low.
if this already happened, i think the officer did not like this aspect, and is likely going to deny. better consult with lawyer before decision since it will give you time to formulate an appeal strategy with abundance of time.
code_blue911
New Member
This actually happened. My friend just talked to a lawyer and was advised to be pro active, meaning let the lawyer handle it now and let the lawyer write to the USCIS officer to explained the circumstances of that employment based on the law before USCIS send my friend a decision.
Jackolantern
Registered Users (C)
Hi, my question is regarding employment based green card and naturalization. Is it going to get you in trouble if you came here in the US 8 yrs ago with an employment based green card as registered nurse and was sponsored by an employer but you did not work for that employer to fulfill the contract because you were not happy with the situation and basically the contract was not met by the employer themselves, and was released from the contract and work for another company. Correct my if I`m wrong, but as far as I know, this will be a problem if you came here with a working visa like H1B.
1. Did this person work for the sponsoring employer for at least one day after their green card was approved? If yes, how long?
2. Did they start working for the other employer(s) before the green card?
3. When working for the other employer(s), if before the green card, did they have an appropriate visa or work authorization?
4. Did they obtain the green card via an immigrant visa obtained at a consulate, or by filing I-485 in the US?
AC21 may protect this individual, depending on your answers to the questions.