This is not a legal opinion, but I remember quite a few people mentioning the mantra that Green Card is for future employment. This would seem to imply that one can get the Green Card before being employed. Remember that people on H1-B is a slightly different case in which they are already working for the employer, but if you were to apply for Green Card directly (let's say you are on a non-working capacity in the U.S. legally) you could get a Green Card and not be working until after you obtain the Green Card. I don't see it so black and white as this lawyer. I understand that your wife case is more complicated than usual, but if I were you I'd probably not withdraw. I don't know if you've mentioned this before, but what is your status in the U.S.? Did you derive a Green Card through your wife? Anyway, I wish you good luck.
IV scheduled - Laidoff after 180 days from sponsored company
- Thread starter pal_bay
- Start date
pay_bal,
Did you read and understand my initial reply?
A green card is issued on the basis of a FUTURE JOB OFFER in the same field as was subject to labor certification. Put simply, that means the beneficiary of the GC cannot possibly be expected to be working for the GC sponsoring company on the day the petition was approved, because theoretically they hadn't yet got the approval to work in the US.
Obviously reality is a little different, because the person may hold an existing H1B/L1 visa or EAD, however this does not change the basic fact that you don't have to work for the GC sponsoring company ON THE DAY the I-485 is approved.
<reinsert AC21 discussion here>
Maybe its time to find a better lawyer?
Did you read and understand my initial reply?
A green card is issued on the basis of a FUTURE JOB OFFER in the same field as was subject to labor certification. Put simply, that means the beneficiary of the GC cannot possibly be expected to be working for the GC sponsoring company on the day the petition was approved, because theoretically they hadn't yet got the approval to work in the US.
Obviously reality is a little different, because the person may hold an existing H1B/L1 visa or EAD, however this does not change the basic fact that you don't have to work for the GC sponsoring company ON THE DAY the I-485 is approved.
<reinsert AC21 discussion here>
Maybe its time to find a better lawyer?
a bit relieved, but...
thanks huracan, and boatbod for responding.
Yes I understood your reply, however I wanted to make sure it will not be a
problem if someone is not on a payroll when their GC gets approved.
Now after reading your replies, its giving me a bit of relief, however, I'd like
to talk to one other lawyer tomorrow (monday) before finalizing our decision to
go ahead or pull out.
Regarding my visa status, I'm on H1-B with 7th yr extension.
Please post any updates you may have .
thanks
pal
thanks huracan, and boatbod for responding.
Yes I understood your reply, however I wanted to make sure it will not be a
problem if someone is not on a payroll when their GC gets approved.
Now after reading your replies, its giving me a bit of relief, however, I'd like
to talk to one other lawyer tomorrow (monday) before finalizing our decision to
go ahead or pull out.
Regarding my visa status, I'm on H1-B with 7th yr extension.
Please post any updates you may have .
thanks
pal
I'm also in same boat. laidoff just before getting Gc in march 2002.. worked on EAD for another employer.citizenship interview is scheduled on 25june.I dont know anything about AC21 at that time. I will post my experience after the inteview.
lets hope for the best.
lets hope for the best.
any good lawyers in Bayarea?
I have been calling to make an apptmt, but would appreciate if someone can provide a good lawyer information here. I found a couple on "india currents", however, they don't seem to be that experienced with AOS, and citizenship matters.
If anyone has already talked to a good lawyer, please provide their details.
thanks
pal
I have been calling to make an apptmt, but would appreciate if someone can provide a good lawyer information here. I found a couple on "india currents", however, they don't seem to be that experienced with AOS, and citizenship matters.
If anyone has already talked to a good lawyer, please provide their details.
thanks
pal
Good luck with your wife's interview tomorrow Pal. I hope you guys have made up your mind as to what you are going to do by now. I am optimistic that there should not be a problem for your wife's N-400 approval, she just needs to be prepared to explain why she left the Sponsoring Employer (before the approval) and that the job had same description/duties. I will be keeping my fingers crossed.... and I believe everything will turn up great.
Good luck again.
Good luck again.
Congratulations pal_bay and wife! 
After she takes the oath you'll both look back and say "why were we stressing out so much?". Don't worry, its normal - even people with completely 100% problem free cases manage to find something to worry about as the interview draws near.
After she takes the oath you'll both look back and say "why were we stressing out so much?". Don't worry, its normal - even people with completely 100% problem free cases manage to find something to worry about as the interview draws near.
IV scheduled , laid off before 180 days of i-485
Guys, here is my situation.
July 2001 - filed 485.
Sept2001 - laid off
Feb 2002 - new employer similar job on EAD
mar2002 - gc approved.
worked similar jobs since then.
n-400 interview june 2007.
Do I face any problem in my case. as I dont have job 6 months before gc.
I dont have termination letter from empoyer(nor employement letter).
I was on leave of absence with my sponcering employer , after laid off, so no termination letter.
and aslo in total I worked only few months for my sponcering employer. worked for another company in between.
please advice me on my situation.
thanks in advance
Guys, here is my situation.
July 2001 - filed 485.
Sept2001 - laid off
Feb 2002 - new employer similar job on EAD
mar2002 - gc approved.
worked similar jobs since then.
n-400 interview june 2007.
Do I face any problem in my case. as I dont have job 6 months before gc.
I dont have termination letter from empoyer(nor employement letter).
I was on leave of absence with my sponcering employer , after laid off, so no termination letter.
and aslo in total I worked only few months for my sponcering employer. worked for another company in between.
please advice me on my situation.
thanks in advance
Last edited by a moderator:
If you have documentation showing that were working for another employer with the same roles and job titles, I think you should be ok. This is based on the results of some forum members who had experience similar to yours (even if you are fully covered by AC21 for not working for the sponsoring employer after 6 months of filing of petition). You should have also a good reason (to tell USCIS) for the gap of your employment from Sept. 2001 to Feb. 2002
Is it still possible to get the termination letter from your employer?
Is it still possible to get the termination letter from your employer?
GC_Mama,
You may have some trouble in proving your employment. When you filled out your application for N400, what dates did you fill in your employment history? Can you tell us the exact dates? In any case, please gather all the documents possible relative to your old/new employment, W2s etc, showing your employment that matches to your dates in the application.
Good Luck,
Take Care
in the n-400 application its asks for last 5 years of employment, then for me, it starts from the employer I switched on EAD. my sponcering employer never figured in last five years. ?? my concern also , that I dont have employment offer letter from new employer. confused, how to show that I worked on similar job?
GC_mama,
I think the USCIS IOs will have that standard question about the company that filed for your Green Card, doesnt matter if you list that on your N400 or not. If you can get a employment offer letter or something from your new employer that will greatly support your case. I think you would have to somehow prove that you were still in the same field (after your GC was approved) as when your GC was filed. It is critical, otherwise USCIS takes it as a change of field and hence fraud. Hope that helps. I was grilled on this myself and hence I am telling from first hand experience. My IO was very understanding but did stress very strongly that I should have informed USCIS about it, which ofcourse I didnt. But since my wife had her interview before me (couple days before), her IO warned me about it, so I was prepared with my termination (kinda) letter and other company's offer letter etc.
I dont think it will be a big deal, as I am sure if you do not have enough proof, the IO might ask you to write your story on a peice of paper and sign it. I had to do that even when I had enough evidence with me.
Anyway, good luck with your process.
Take Care,
Good luck with the lawyer GC mama, though I must add that each lawyer has different interpretation and if in doubt, take additional consultations (with atleast two more). I think it was pal_bay (spouse)'s lawyer that asked to withdraw the case (and we were confident on the board that it should not be a problem), the case was indeed approved and now she is awaiting Oath Ceremony.
Yes, please gather as much documentation as you can. Here is the excerpt taken directly out of the I/O's feild manual, please plan to prepare accordingly.
*************************************
Through An Employment Based Petition – An applicant obtained permanent residence through employment with a U. S. company. You should review the employment history section of the N-400 application to ensure that the I-140 petitioning employer is listed. If the petitioning employer is not listed, you should prepare questions to address this issue. Such questions might include:
– Did you ever work for the petitioner?
– How long did you work for the petitioner?
– In what capacity did you work for the petitioner?
– Why did you leave the position?
– What were you paid?
– Where did you work for the petitioner (location)?
– Where did you go or work after you left your job with the petitioner or instead of working for the petitioner?
– When did you first learn that there would not be a long-term position for you?
*************************************
Please not that each interview is different and so is the I/O, s/he might totally skip the above line of questions (happend on two recent cases on this forum). We are still awaiting Pal_bay spouse's detailed interview experience though.
KV7
I am happy to report that In Charlotte, NC I did not have any problem and got naturalized with no issues raised about being let go by the company that had filed for my GC before the completion of 6 months after filing 485. I had a feeling that the IO was not aware of the gap in employment or it did not matter.
So friends looks like do not worry.
All the best
n2201
Applied:2/13/2007
Naturalized:11/19/07
Charlotte, NC
So friends looks like do not worry.
All the best
n2201
Applied:2/13/2007
Naturalized:11/19/07
Charlotte, NC