I never worked for sponsoring employer

smileyou1234

New Member
I got my green card in 2015 based on employment. After I moved to state, my sponsoring employer told me they don't have any jobs for me. I lived in NYC that time with $1000 saving. I needed to pay for my bills and rent. I ended up finding my own job in the same field. My sponsoring company have never contacted me in the past 5 years. We don't have anything in writing that they unable to provide me with jobs. I am thinking about applying for citizenship, but I am concerned I might get asked if I ever work for my sponsoring employer. Does anyone have the same situation and get their citizenship without issues? Does IO go through all the employment history during the interview?
 

Fin

Registered Users (C)
how many years did you work for your sponsoring employer in all (from when to when)? When you got your GC in 2015, were you employed by your sponsor? From what I know, a employment GC is for future employment. If your sponsor did not have a future job, they should have revoked the filing with USCIS. Again, I’m not an expert on employment visas. Maybe someone else can chime in. I suggest you hold off applying for N400 until you have your ducks in a row.
 

smileyou1234

New Member
how many years did you work for your sponsoring employer in all (from when to when)? When you got your GC in 2015, were you employed by your sponsor? From what I know, a employment GC is for future employment. If your sponsor did not have a future job, they should have revoked the filing with USCIS. Again, I’m not an expert on employment visas. Maybe someone else can chime in. I suggest you hold off applying for N400 until you have your ducks in a row.
After I arrived in US and received my green card. The job they offered to me originally was no longer available. I have never worked for them.
 

Fin

Registered Users (C)
After I arrived in US and received my green card. The job they offered to me originally was no longer available. I have never worked for them.
From what I know, a sponsor should withdraw their sponsorship if the relationship doesn’t exist. For example, if someone files an I-130 for a spouse but the marriage is dissolved before they receive a green card, they need to withdraw sponsorship. In such a case, even if the spouse receives a green card it’s not valid snd USCIS can revoke it. I think the same would apply to an employer. If you never worked for them before or after your GC and they merely told you that the job doesn’t exist without any documentation but didn’t withdraw your sponsorship(perhaps in error), I think your initial grant might be questionable. I suggest you see an attorney.
 

SusieQQQ

Well-Known Member
I agree with the post above. I trust you did not pay the employer or for any part of the sponsorship /legal process. The best outcome to this case could be the employer forgot to withdraw, the worst outcome is that the case is deemed fraudulent.

An N400 interview will in some way, whether briefly or in depth, discuss the circumstances under which you got your green card. On another forum I recently read a description where there was in-depth discussion of who the person worked for, where and when.

an article you may find interesting https://www.asianjournal.com/immigr...ation-denied-because-didnt-work-for-employer/
 

whitemimauz3

Registered Users (C)
@smileyou1234
Green cards filed on employment basis are intended employment and of course circumstances changes after I-485 approves.

You are allowed to switch employer or be self employed after 180 days of filing I-485 under AC21 portability provisions. May be you can take this defense.

What is important is good faith effort on employer's side to offer job & accept on employee's side.

You stick to facts about employment dates on N-400 & let officer decide.
 

Fin

Registered Users (C)
@whitemimauz3 if the employer forgot to withdraw when he didn’t have a job offer, would that still be a legally issued GC? The GC is for future employment, the employment offer does not exist at the time of GC issuance, so even if the employer forgot to withdraw, that would not make this a validly issued permanent residence. However, there is no fraud from OP, it’s just the situation. OP should have followed up with his employer during the process and ported the sponsorship to another employer. Again that’s my take as a non-expert in this field. I think employer based sponsorship forums such as HB1 should be a better place for this question. But I honestly think that OP is on shaky grounds and should consult an attorney. If I were him, I would not file a N400 without due diligence. Sticking with GC might be a better option
 
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whitemimauz3

Registered Users (C)
@SusieQQQ
I believe he should go ahead & file case & stick to facts. The officer could still ask him whether he worked for I-140 petitioning employer & he could take defense of AC21 & could have worked for other employer(s)

AC21 is more lenient & helpful towards employees. For this job to be nullified, employer should have withdrawn before I-140 approval or 180 days after its approval, and if withdrawal is beyond this time line it has zero effect on I-140 job & 485 because employee is covered under lenient AC21 provisions.

So obviously when OP filed I-485, clearly job was available but at some point in future, job disappeared & employer might not have withdrawn or it was beyond permissible 180 days due to which has no effect on I-140 job availability to be present or not.

As I said good faith effort is all it matters. As long as this was not frivolous offer I believe it is OK.

There are situations/circumstances which has not been clearly addressed & this is one.
 

SusieQQQ

Well-Known Member
@SusieQQQ
I believe he should go ahead & file case & stick to facts. The officer could still ask him whether he worked for I-140 petitioning employer & he could take defense of AC21 & could have worked for other employer(s)

AC21 is more lenient & helpful towards employees. For this job to be nullified, employer should have withdrawn before I-140 approval or 180 days after its approval, and if withdrawal is beyond this time line it has zero effect on I-140 job & 485 because employee is covered under lenient AC21 provisions.

So obviously when OP filed I-485, clearly job was available but at some point in future, job disappeared & employer might not have withdrawn or it was beyond permissible 180 days due to which has no effect on I-140 job availability to be present or not.

As I said good faith effort is all it matters. As long as this was not frivolous offer I believe it is OK.

There are situations/circumstances which has not been clearly addressed & this is one.
That article I posted also talks about referring people for removal proceedings if uscis finds the green card was issued in error, if this was my case, personally, I would want to be more certain of the case, if the choice was staying on a green card or possibly being deported. Also, we don’t actually know all the facts around the offer from the employer, and imo to give a recommendation without knowing that is a little negligent. you’re assuming all is above board and not frivolous, and I hope that’s the case, but we don’t know that for sure.
 

whitemimauz3

Registered Users (C)
The new I-140 withdrawal acknowledgement notices employers are receiving from USCIS clearly states it would have no impact on I-140 if withdrawal notice is received from employer after 180 days, unless there was fraud or misrepresentation for which USCIS could revoke at any moment.
Now when I-485 remains pending, utilizing AC 21 portability provisions employees start working for different employers & file new I-485 supplement J should USCIS asks if original job remains available.
 

Fin

Registered Users (C)
@whitemimauz3 I did some reading and the supplement J might make sense, but did OP file supplement J? From what they say, it doesn’t seem so as they never indicated that they ported their sponsorship. It seems that OP may not even have filed a I-485 since they stated that they got their green card and moved to the states and they claimed to have never worked for the prior employer. I think OP got an immigrant visa and moved to the states. If so then what did they say during the visa interview or tell the CBP about their job when they entered the US? OP claims that their previous employer didn’t have a job but does not have anything in writing or email communication about the same. This complicates the case further. According to INA 316.2 (2) the officer should determine if the applicant is lawfully admitted for permanent residence. They cannot readjudicate a case but need to determine if the residence was granted properly I.e. the applicant was actually married to US citizen during the time of adjudication, was actually an asylee, DV holder etc. So most likely they would like to see if the employer actually had a job and the employee worked there or else they ported their sponsorship (Supp J). According to me, this doesn’t seem like a DIY case. I’m more of a risk taker and usually tend to push limits but it won’t do here. just my 2c
 

whitemimauz3

Registered Users (C)
OK so his/her employment visa was approved at an US consulate, visa officer might have done due diligence & vetted employer, employer assured job is available for him/her to accept & approved visa when deemed fit. It is unfortunate job was not available when he landed in United States. Who knows employer might have sent I-140 revocation notice or might not have sent.

I reiterate my point some situation/circumstances are not clearly addressed going with interpretation of existing immigration laws. Its best to leave at USCIS officer's discretion as long as facts are presented in case.
 

SusieQQQ

Well-Known Member
I reiterate my point some situation/circumstances are not clearly addressed going with interpretation of existing immigration laws. Its best to leave at USCIS officer's discretion as long as facts are presented in case.
and I reiterate that for someone who wants to be more sure of continuing to live in the US than risk facing removal proceedings by attempting to naturalize, that discretion might be too risky.
 

whitemimauz3

Registered Users (C)
Inherent risk of being questionsed is present whether worked for I-140 petitioning employer upon I-485 approval or immigrant visa issued, if N-400 filed now or at any later date.
 

SusieQQQ

Well-Known Member
Inherent risk of being questionsed is present whether worked for I-140 petitioning employer upon I-485 approval or immigrant visa issued, if N-400 filed now or at any later date.
Yes but there is no requirement to file n400 at a later date either. I know of people who have stayed here on green cards for decades, for various reasons, some who never intend to naturalize. So OP may prefer doing this rather than risk deportation, assuming the main goal is to continue living in the US.
 

Amberleaf

Active Member
Good discussion. Lots of details missing. I would recommend talking to several immigration lawyers, share all the details and they will give you advice (for a fee of course).
I would not be surprised if the recommended course of action is avoid N-400 filing and stay on GC forever.
But we don't know why the OP wanted to apply for citizenship in the first place.
 

Veggie3

Registered Users (C)
The OP stated that he obtained her/his GC in 2015. Supplement J became a requirement only in the beginning of 2017. But as some of you mentioned, there are several unknown details in this story, which might complicate the situation.
 

guestgulkan

Well-Known Member
IMHO the risk of losing your greencard and being deported isn't worth the benefits of citizenship. I'd just stay as a permanent resident forever.
 
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