Interview in 6 weeks - did not work for sponsoring company after GC

C

coat777

Registered Users (C)
Hi All,

Here's my issue. Hopefully you'll be able to offer an advice.

I received my employment based GC via consular processing 5.5 years ago. As the sponsoring company had serious financial problems, I was laid off by the company 5 months before getting the GC. I did, however, have an offer letter from the sponsoring company and had every intention of working there, but upon receipt of the green card, the company basically was bought by another company, and ceased to exist.

To make matters more interesting, the purchasing company got sold a few years ago, and does not exist either.

After being laid off from the sponsoring company, I immediately found a job with another company in the same position as in the previous company. My H1 got transferred to the new company.

Here's my question:

I have a naturalization interview in 6 weeks. In the section of the N-400 where the employment history is listed, the sponsoring company is not mentioned.

Do I have an issue here? Is there an expectation to work for the sponsoring company? I do have documentation that I got laid off, but I do not have documentation that the company was sold.

Is there any reason to worry?

Please advise. Your help is greatly appreciated.

thanks in advance.

Coat777
 
coat777 said:
After being laid off from the sponsoring company, I immediately found a job with another company in the same position as in the previous company. My H1 got transferred to the new company.
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If you did the I-485, your case would seem like a valid use of AC21. But you did consular processing, so I don't think the AC21 portability applies. If it doesn't, they may find that you should not have received the GC. You better withdraw the application unless you can get some reliable information about portability and consular processing.
 
Thanks guys for your feedback.

I did some reading on the Consular processing route. It all depends on a job offer from a sponsoring company. Even though I was laid off from the company, the company did give me an offer letter, and had every intention of hiring me back after the GC was approved.

Unfortunately, the company went out of business a few short months after my GC was approved, so there was no reason to join the company while it was in turmoil.

In lieu of this information, do you still think that I should withdraw my application? I saw another post in this forum of another person who never worked for his GC sponsor, and did pass the naturalization interview.

thanks very much,
Coat777
 
coat777 said:
I did some reading on the Consular processing route. It all depends on a job offer from a sponsoring company. Even though I was laid off from the company, the company did give me an offer letter, and had every intention of hiring me back after the GC was approved.
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Did they give you that letter after you were laid off? And was that offer still available when your GC was approved? If not, the letter is essentially meaningless.

In lieu of this information, do you still think that I should withdraw my application?
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My opinion is to withdraw it unless you are willing to risk losing your green card, or you have enough reliable information (i.e. from a qualified professional who can point out the relevant laws or court cases, not from anonymous message boards) to know that you are safe.

I saw another post in this forum of another person who never worked for his GC sponsor, and did pass the naturalization interview.
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Did that person do consular processing, and did the interviewer ask about working for the sponsor?
 
I agree with ProudPal, you should not have any problem during the approval. GC is for a future job and USCIS has given lot of flexibility to the applicants who never worked for the same employer who had sponsored them. I have been personally tracking cases for the past year on this forum and not one such case had been disapproved. It will work to your advantage if you worked for the same job category as your GC Petition.

Good luck,

-KV7
 
I changed job 8 months after applying 485 but have been working in same field ever since. I have interview scheduled in february, but i'm thinking of leaving my current job in few weeks and focus on interview and my medical issue. Would this be any problem of not having employment during interview.

please advise
 
koolvik7 said:
I agree with ProudPal, you should not have any problem during the approval. GC is for a future job and USCIS has given lot of flexibility to the applicants who never worked for the same employer who had sponsored them. I have been personally tracking cases for the past year on this forum and not one such case had been disapproved.
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But how many got their GC with consular processing, and of those how many were questioned about their employment history?
 
JackOLantern,

I did get the employment offer after I was laid off, as the company was very eager to get me back (I was laid off due to the company not doing so well).

Upon my return to the US after the GC approval, I contacted the company and they told me that the position is no longer available.

It is my understanding that consular processing focuses on future employment and not on current employment. If the employer still provides an offer letter, the GC process is still valid.

Is this correct? or am I just telling myself things I want to hear?

thanks,
Coat777
 
I'm going to have to disagree with Jackolantern and say that I think you will be fine. You went through CP with the honest intention of working for the sponsoring company, and there was still a job offer on the table at the point when you received the immigrant visa.

Certainly its possible you might be questioned about employment during your natz interview, but I frankly doubt you will be denied, and certainly not placed in removal proceedings. If you are really worried, I recommend consulting a few lawyers who specialize in this type of situation.

As an aside, it seems to me there is lot of scaremongering here recently - nearly every "problem" case seems to be met with a multitude of responses that the applicant is certain to be denied and must withdraw their case immediately or risk loosing their GC. Whilst that may be the outcome in some situations, I have yet to see an avalanche of reports of people being placed in removal proceedings as a result of applying for citizenship. If you can cite a case where this has happened in the OPs situation, please POST A LINK, otherwise stick to the facts and tone down the scare tactics.
 
boatbod said:
I'm going to have to disagree with Jackolantern and say that I think you will be fine.
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I didn't say the poster would be in trouble. Note that I said "unless you can get some reliable information about portability and consular processing." Call it scaremongering if you want, but if that is what is needed to drive somebody to find reliable information relevant to their case before taking such a life-changing decision, so be it. When there is an iffy situation, I am not going to give feel-good assurances that everything will be fine, only to have the person turn up later saying they have to go to court and spend $20K for a lawyer to defend their green card.

Anyway, the new information provided makes things seem different than was originally portrayed. If indeed the offer letter was given after the layoff, and the company gave no additional update prior to GC approval that the job would cease to exist, that puts the poster in a much better situation. But still, the poster should find relevant information from a professional or another reliable source, rather than relying on anonymous message board postings for such assurance in a case that is not clear-cut safe.
 
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Jackolantern said:
the poster should find relevant information from a professional or another reliable source, rather than relying on anonymous message board postings for such assurance in a case that is not clear-cut safe.
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Ah yes, we are in complete agreement there! Brings to mind that oft-used phrase:

"Free advice is worth exactly what you paid for it"
 
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Thanks very much guys for your advice.

I will contact an attorney and hear what he has to say. In these cases it's better to be safe than sorry.

I still believe that it should be ok.... I just don't want to take any chances.

thanks again,
coat777
 
Update

Just wanted to give you a quick update. I had the interview. All went well. Employement questions were never addressed. The experience was extremely pleasent and emotional.

Good luck to everyone in this forum. You have helped me alot.

All the best, and good luck with your journey to become Americans.

Coat777
 
coat777 said:
Just wanted to give you a quick update. I had the interview. All went well. Employement questions were never addressed. The experience was extremely pleasent and emotional.

Good luck to everyone in this forum. You have helped me alot.

All the best, and good luck with your journey to become Americans.

Coat777
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Congratulations!! That's great news, and I am sure it comes as a relief to a lot of people. I am curious about on thing though: you mentioned in your original post that you were laid off about 5 months before you got the GC, but you still had an offer of employment letter when you went through the CP process. How did you manage this? When I went for my CP interview, they requested a recent, NOTARIZED offer of employment from my "future" employer at the interview. Not sure I could have made it if I had been laid off 5 months prior to the interview, even with an offer letter.
 
Does it help with 3-year married to US citizen

Congratulations!
I am in the same boat - Consular processing, layoff mid-way :)

Would it help to apply N-400 as "3-year married to US-citizen" vs regular 5-year resident? (qualify for both)

Any difference in the resulting Natr. certificate?
 
Sorry bob,

perhaps I really don't get your question. Why would you even consider either/or?
If you have your GC for 5 years then that's it. Otherwise you have to fill out a whole lot more paper work.
 
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