Forever with the current employer?

duldul

New Member
My employer sponsored my GC and I received it in Sept 2001. I have been working for them continiously since June 1999, first on H-1B visa and then GC.

A few weeks ago, during a heated conversation my manager hinted me that my GC is an employer sponsored one and there was always the possibilty for them to have it revoked.

Did you guys hear anything like this before? Can they really try to do such a thing after I reported immediately to work after getting my passport stamped and have been working for them since Sept 2001, for over 18 months?

Any ideas? Comments?

Thanks in advance....
 
They can not revoke but they can always report to the BCIS,
which in turn can investigate if you have the intent to work
for the sponsor permanently at the time of getting the green
card.
 
duldul



I think IF the employer creates problems then it is better to stay with them for lik around 2-4 months NOT necessarily 6 months as there is nowhere it is mentioned 6 MONTHS NOWHERE in this whole world.

Lawyers just make money on us they state fallacies. I quit my job years in 1996 even before I got my passport stamped a month before I think just for the heck of it.Today I'am a US citizen. NOBODY NOBODY asked for my duration of stay with the sponsoring employer.

Now if the employer wants you to quit after the labor,I-140(i think, that shows the ABILITY to pay the employee the salary claimed on the labor certification) is approved there is NO connection AT ALL between the emplpyer and the EMPLOYEE.If the employer wants to fire an employee after labor,I-140(i think, that shows the ABILITY to pay the employee the salary claimed on the labor certification) it is his problem. I feel BCIS will create problems for that company.

So i feel you are absolutely safe especially in these days of economic downturn as HUHE companies like LUCENT NORTEL have almost dissappeared(the wall street has shrunk drastically, so many companies going bankrupt)layoffs are in millions ,so there makes no sense at all more so with the fictitious rule of staying 6 monthe with the sponsoring employer.
 
Even if BCIS(INS ) deports me or all those GC who manipulated the system it is BCIS(INS) stupidity.Treating ALL certificates equally no matter how much they pay or related is what I dont understand.I feel sad about those guys who were forced to apply again with the PROPER paper work and with thw same old qualifications PUT in the RIGHT place to clear their gcs. I feel disgrunted with those guys who cleared labor with less qualifications inless time JUST because they paid lawyers who MASTERED the art of MANIPULATION with years of exp.BCIS(INS) should realise that there are a lot of guys who cleared with MANIPULATION and not with real qualifications. Then I dont have a problem with BCIS(INS) I'll live with it.
 
Call it MANIPULATION not FRAUD. Lawyers are MANIPULATORS BCIS likes nad let lives MANIPULATORRS
 
I agree 90% lawyers have excelled at the manipulation of the job reqs and quals. Only the unlucky 10% are probably beginners and have less exp and some are dumb like in any professional.

I have a lot of friends who lost precious time at the first attempt at the labor because the lawyer was stupid and was asking more money after potraying that THE LABOR WAS getting complicated which infact was THE same .Again with no more qualifications my friends cleared the labor WITH the first rejection exp and NO MORE fees. That should make a lot of sense.

I know some employers in a fiels closely related field who hire guys from outside USA bring them on h1 and on purpose drag the labor process forever because they want cheaper labor as long as possible.I dont blame them as this whole gc process is basically becuase of labor shortage. It is upto the employer to proove that he could not find a suitable person for a job at his company.

That is being exploited by all the companies big and small.

Remember SUN Micro being sued by american citizens a little while back for laying off americans AND KEEPING the h1 guys on board as the american economy collapsed lately.


I dont know if anybody can stop this at all,UNLESS US comes up with stricter policies.As of now the situation is employer dominated.
That is my POINT.
 
I was rejected for my labor because of a stupid lazy lawyer so were some of my friends with lot MORE qualifications.

However I DID NOT go for another lawyer to clear the labor/gc. I learnt MYSELF HOW THESE lawyers are manipulating the whole process easily and applied myself and CLEARED THE labor/gc. I feel happy about that but I still say this whole process is ridiculous and is totally employer dominated. We need only to understand the tricks like these lawyers DID and BCIS(INS) can be convinced.
 
duldul,

You are in no danger.

Please tell your manager that there are laws in this country specifically against immigration related blackmail...and that he is welcome to take his chances, and you will complain to the DAs office. Once a charge like this is filed, even you cannot get it dropped. It is the People (DA) versus your employer then...and good luck to to your manager.
 
Duldul,

You'll be fine on the immigration front if you left your employer at this time. I think that the more applicable issue is whether or not you would be able to get good references from your colleagues/managers if you left at this time.

Good luck.
 
Originally posted by JoeF
Nobody said that it is. Laywers usually recommend to stay at least 6 months with the employer. That's a good rule of thumb, nothing more, nothing less.
Each situation is different, so nobody can give a definite answer.
Your own situation may have been ok, or it may have been fraud. Even if you are a citizen now, if BCIS decides to investigate and determines that it was fraud, they can strip you of the citizenship and deport you, even decades from now. All that's needed is a disgruntled ex-spouse or a disgruntled coworker, somebody with an ax to grind.
It is always better to be safe than sorry.


JoeF:

Is there a way to find out if someone has filed a complaint against your GC? It does not matter if it has real basis for fraud investigation or just a matter of envy. Will this complaint be put into your immigration file? If so, can you request it and get a copy?
 
i would disagree with std. if after 6 mos of employment, you decide to leave and your employer bad mouths you, the burden of proof lies on the employer to prove the allegations because why did he keep you employed during your gc process and six mos after that. also, the statute of limitation on rape is 12 yrs or 15 yrs. I hardly believe that alleged employment based immigration fraud is a bigger crime than rape. so the idea that immigration can come after you decades later and strip you of your citizenship is quite unjustified.

i just spoke to my attorney today about when would be a good time to leave an employer. he said 6 mos is good enough time unless you are laid off earlier due to economic reasons. however, if you get a lousy immigration officer with an axe to grind 5 years later, then that's just bad luck.
 
Originally posted by niladri30
duldul,

You are in no danger.

Please tell your manager that there are laws in this country specifically against immigration related blackmail...and that he is welcome to take his chances, and you will complain to the DAs office. Once a charge like this is filed, even you cannot get it dropped. It is the People (DA) versus your employer then...and good luck to to your manager.


How will you prove that he blackmails you? He will deny every word that you say unless you have legally made records or withnesses. Do you have any? He may be a comlete jerk, but I am not aware that in the U.S. there is a law against being jerk. There is a difference between what is fair, what is legal and what you could prove. If you find a way to nail down the jerks, please let me know.
 
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