gurus-- help needed(no job at the time of approval)

A

aoshelp

Registered Users (C)
Got laid off before 180 days. 485 approved after 180 days but still jobless. What are my options?

1)what will happen to approved status?
2)My employer doesn\'t care(they won\'t withdraw or cancel 485)
3)Will this have any impact if I start a new GC process once I get a new
  job?
4)If I do PP stamping what impact it will have in the future?

Thanks a bunch in adcance for your suggestions.
 
All these arguments seem reasonable

However, does anyone have first hand experience (themselves or really close person) of employment based green cards having been revoked for the reasons exposed here? Same thing applies for people leaving their employer soon after getting the GC approved. Does anyone know someone?

I have been looking at this type of bulletin boards for a few months now, and I see a lot of questions about these points, and a lot of people writing about possible revoking of GC, but I still have to read a single message about someone actually getting their GC revoked for these reasons. In my case I just got the GC approved, and it was a straightforward case, always same address, always same company, but I still like to read different experiences, it could have applied to me too.
 
Likelihood

With respect to revoking GC, I am trying to visualize how this will come about. I can think of the following scenarios:

a. INS does random sampling of approved GCs and conducts follow up investigation. But then, they raise RFEs for this very purpose. So do they have a similar RFE-like procedure for post approval cases? I have not heard of any such thing.

b. Even in the pre-AC21 era how did they enforce the "reasonable" period of time rule? I have no idea.

c. They may ask for employment history if and when you apply for citizenship. My understanding is that at that time the most crucial elements of your application are accurate records of all your entry/exits from the country, knowledge of US history and civics, good moral character (i.e. no police record) etc. But it is always possible that your employment history could be scrutinized. But can GC be revoked as a result of citizenship application? I guess so. Don\'t know for sure.

d. If you choose not to apply for citizenship, the next logical encounter with INS is after 10 years when it is time for GC renewal. But this renewal is clearly a card renewal with no adjudication involved. This is what my lawyer tells me.

So the next time anyone talks about revoking GC, make sure you discuss the modus operandi as well and clarify further.
 
The closest measure I could find

are this statistics from the INS website http://www.ins.gov/graphics/aboutins/statistics/msrdec01/IVST.HTM
It seems that cases like these could fall into the fraud bin. Notice the negligible number compared with around half million immigrant cases approved per month. The fraud includes also marriage fraud, it is not exclusively employment cases. It is not clear whether all the cases involve green cards. Read for yourself, and adjust your stress level accordingly.
 
Can the lawyer revoke approval by informing INS

Can the lawyer revoke approval by informing INS without the involvement of the employer?
 
I didn\'t mean that

I didn\'t want to imply that aoshelp case was fraudulent. I was just anwering my own question about in which category could fit this and similar cases. My advice would be to try to find a job ASAP and I don\'t think aoshelp would likely be in trouble.

Let\'s think about the case a bit differently. Let\'s say that there is no lawyer involved, aoshelp fills out I-485 and puts all documents together and mail. As far as aoshelp is concerned (not knowing obscure regulations) he/she doesn\'t need to follow up with any documents, after initial filing, unless INS issues an RFE. Furthermore, if this were so important, INS would issue guidelines to automatically do an RFE for employment before approving I-485, or would require proof of employment at passport stamping time. The absence of these procedures would seem to indicate that INS doesn\'t care too much about this type of cases.

I am not trying to give advice or entice someone to do anything incorrect, just stating my opinion after reading about other people\'s experiences and reading some of the INS forms.
 
There is no date specified

However, they don\'t ask about bringing any employment related papers to the stamping, and it seems the common practice is that INS officer doesn\'t ask for them at time of stamping. I don\'t know if it is necessary to wait for the job and then do the stamping. The adjudication is already done, the stamping is to get temporary proof and get the plastic card process started. I think other people have gone for stamp without a job, I am not saying this is right. Anyway, aoshelp case is gray area, because he got approved after 180 days, so AC21 should kick in, and in practical terms what if you got laid off just one day before adjudication? Would seem unfair to deny the approval.

These are just some thoughts. Again I think is good to focus on finding a new job.
 
Can the lawyer revoke approval by informing INS

Can the lawyer revoke approval by informing INS without employer
or employee involved based on the fact that the beneficiary doesn\'t
have a job at the time of approval.

I would like to do my stamping based on this.

Thanks
 
Well

The lawyer cannot revoke anything, but it could inform INS about your lay off. In that case INS could decide to pursue this matter. I don\'t know how likely this is. Then they should do an investigation, and probably would contact you for information, then is when AC21 could work in your favor. However, all this seems like not very likely.

I think that you are afraid of being asked question at the time of stamping. I am not sure of all the implications. Perhaps it is wise to wait for new job before stamping, but I am not sure. This raises other question, you would have to use EAD for the new job, when you already are a permanent resident. Remember that your permanent resident status started the day your I-485 got adjudicated.

This is not legal advice, you should search for advice from a good immigration lawyer.
 
Not worried about PP stamping but the lawyer

I am not worried about the PP stamping but it is the lawyer I am worried about. AFter I get my stamping done lawyer can always inform INS based on what you said and that will land me in trouble. I don\'t
know when I will get a similar job which I have been trying for a while without any success.
 
Again, this is just my opinion

I think it doesn\'t matter whether the lawyer informs INS before or after the PP stamping. You are already a permanent resident, I don\'t see much problem or interaction between lawyer and PP stamping. Let\'s say (hypothetically) that lawyer informs INS before your PP stamping, and then INS acts upon the new information, I don\'t know how it would affect that you had done the stamping or not. Anyway, you can still wait to do the passport stamping for some time. I am not sure if anybody in this board knows what INS does if it gets notice that someone got laid off, I guess it is too much work for them to try to act on that information (i.e. retrieve your file, reread documents, issue RFE, etcetera).

Good luck.
 
I understand what you are saying but my question is

Assume that I have done PP stamping and my lawyer informs INS after
my stamping that I was laid off then what will happen? Thanks for your
suggestions.
 
Why are you so concerned about your lawyer?

Why would he inform INS now. There is no regulation that says he has to inform INS in his role as your Lawyer. Having said that, what would the lawyer gain from it. I do not understand your persisting concern with this. Did you not pay his bill? Why are you seeing monsters under your bed?
 
Lawyer has warned us during layoffs

When I got laid off Lawyer has warned me that I am not supposed
to go a head with PP stamping without a job and I should inform INS that I don\'t have a job and the lawyer will do the same. That lawyer realy sucks he don\'t even agree with AC21 regulations. This is what bothering me. Two of my colleagues got the call from lawyer after approval and the lawyer told them to return the approval letters to
INS if they are not working(lucking they were with the same company). I think the lawyer don\'t want to get involved if something happens down the road.
 
Well I don\'t understand how can INS revoke your green card...

In order to do that,
-INS somehow has to be suspicious about your case out of millions of applications it processes everyday.
-and once they do the above, they have to pull out your complete record and track you down i.e. where are you located in the US and your most recent address...
-and then if they succeed in above, they will ask you the employment history and then match it against your GC approval date and check your employment at the time of approval.

well, does anyone on this board think INS would do all this? i think INS would rather spend that time doing other important work. from what i understand, once your GC is approved no one cares and you are on your own.

one example to support my views. one of very close friends of mine changed his job after 180 days and then got his 485 approved and then he joined the same old company that sponsored the GC...not because of GC reasons but he got a better offer from the previous company.

there may be some unfortunate people who get into some INS\' technicality but for the rest(99%) I don\'t see a problem.

fabolous
 
So after all the postings

What are you planning to do aoshelp? I think you have enough information to make a decision. As I told you before, what your lawyer can do is very limited as far as I can tell. INS should have to start an investigation in your case, which I don\'t know how likely it will be. Anyway, does your lawyer hate you? I confess that I am a bit baffled about your postings. The way I see it you have 2 choices, give up the Green Card or give it a try, your choice.

Can you explain your friends cases a bit better? I don\'t get it, it seems that the lawyer was threatening them, but they were still working at the company, what kind of lawyer do you have, what kind of company were you working for? Is your case for real?
 
From Murthy\'s chat

Chat User : Hello, Ms. Murthy. What happens if AOS gets approved after layoff? Can the person go?

Attorney Murthy : If the AOS has been pending for over 180 days before the final adjudication, it seems likely that a person should be able to get the PP stamped with the GC. Possible issues could come up at time of U.S. citizenship or if the INS asks questions, otherwise, generally not an issue.

I am going for stamping guys. Thanks for your valuable advices.
 
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