JoeF question for you...

S

src01250

Registered Users (C)
This is regarding an Post GC employee\'s intention to stay for X months with the sponsoring employer even before GC approval.. then the employee leaves the employer after the X months.. in this case INS can\'t detect the employee\'s intention \'yes\'... but you mention the some of the employee\'s friends/colleagues who know of this can black-mail them.. now what is the proof usually looked at regarding a colleague\'s complaining that one never had intention to work more than X months with his sponsoring employer... any thing in mail or written document or proof of resume submitting??? or just verbal conversations???? please reply
 
If they record?

What is the legal power of such kind of records.
I know that if they record your telephone conversation withouit your knowledge and agreement in CA they
could face a law suit. Will the court accept such kind of proof?
 
I was nout sue about the e-mails

I was not sure about the e-mails. I have sent an e-mail to my previous company regarding employment verification.
They refused to accept the e-mail as official request and I had to send a fax.
 
Joef, what if employer terminates in 1 or 2 months after GC

you have heard that your employer may lay-off you in a month, then also you should not try for any position?...
then employer lays-off in a month or so...
 
No Title

Hi JoeF

  If employer lays you off, how can you be sure that it is fine? It is the employer who claims in I-485 or CP documentation that he will be financially be able to offer you permanent employment. Does\'nt this contradict employer\'s intention of providing the employee with permanent employment?

Thanks
Virginia Boy
 
No Title

V.B. you are raising a good point. However that is the employer\'s problem. In my opinion the employee would not be affected by the bad will of his/her company.
 
No Title

All legal knowledges I have come from watching TV, so don\'t laught
at me.:). But I think the hearsay means the A testify that B said
something. But if B himself testify, then what he said is not
hearsay anymore. It is like if you get a speeding ticket and
the speed detection is done by a helicopter in the air but it is
a cop driving a car who stops you after he is informed by the
helicopter pilot. If later in court, only
the ground cop appears, then you can argue against him
by the hearsay rule. But if the helicopter pilot
also appear to testify against you, then you can not argue
the hearsay rule any more. I also read that when the opposing counsel
objects in court by saying "hearsay", then the counsel immediately
say "it is for the state of mind" so that the judge will allow
it. But would the intet to work for the employer be just the state
of mind so that hearsay can be entered into the evidece?
I also think the hearsay rule only applies to criminal court.
The immigration court may have much less strict rule about the
hearsay. Even the military tribunal set up by Bush for terrorists
allow hearsay as admissible evidences.
 
No Title

Your employer could have best intentions at the time of your immigration to the US. However, his business conditions can change all the time and the INS knows that. In any case, that is not your problem but more of your employer\'s problem.
 
How long do they keep those emails?

I think company couldn\'t store emails for a long time. It just takes a lot of disk space. What do you think?
 
JoeF, Is there any difference if the company laid you off because of bad econonmy or the employee\'s

The termination letter may look the same. But companies can lay off/fire a person for many many reasons. If they lay off a person because his performance is not meeting their expectation this person is promoted, is this fine for his GC status? Thank you.
 
No Title

A person cannot easily be promoted soon after GC, though INS does not track this. Upon approval of PR status, immigrant should do the work mentioned in LC, for some reasonable time.
Some lawyers say some reason for concern if lay off, especially if not in "good standing". Especially if this can reflect on intent of immigrant. I am not so sure that if a company committed fraud that the immigrant will be immune. However, in many cases, it is much easier for a company to avoid any type of scrutiny and be vague about its actions, so effecting immigrants will be rare.
 
does matter

If employee sought termination to escape the need to stay with his sponsor, is an example where employee had no intention to stay and INS may be able to prove it and revoke GC.
If INS can show sponsor committed fraud on behalf of the employee: the employee should also be concerned.
 
JoeF and abulafaya !!! Take this situation

I\'ve been working as a consultant with the same client , right from the day I joined my employer(4 yrs).., my labor cert was filed in the state where I work(at my client place)
My employer and my client had a contract-to-hire agreement for me, which entitles my client to hire me honorably with the permission of my employer(he has to let me go if my client asks for me.. ofcourse I have to agree to)... at the same time my sponoring employer fails to give me the position he offered on the GC and the client offers the same.. eventually(lets say in 6 months) I accept the offer and because of the contract-to-hire my employer has to let me go, then are we both at fault?...(because my sponsoring employer wilfully let me go and I took the offer)

can\'t I contest that , even If I left my employer, Iam working in the same job descr/title in the same labor area and my employer had a contract-to-hire agreement with the client even before I started GC with him(which I was not aware of till my client reminds me that their goal was to slowly copnvert me as an employee)... also my wife took up a permanent job at someother place in the same city, my kids go to school here and I have bought a house also here...

my client says if I donot convert to employee soon, they will have to let me go as Iam becoming too expensive for them what with the generous rate increases they\'ve been giving my sponsoring company.. so if my client lets me go, my whole personal life will go for a toss as I will have to move where my consulting company places me.. leave my family here or go thru a painful process of shifting and settling at some other place.. don\'t I have compelling reasons(forget about intentions) to change job... and take the permanent offer.. am i at fault here.....

actually other than this situation i have no intention of leaving my sponsoring employer, because if I take up permanent position with my client I will have to take a salary-cut of around 10%(still would keep me above the minimum salary specified on my GC)

also I spent more than 180 days in AOS before getting my GC..

what would be my position here in such scenarions
 
Thanks JoeF, another doubt

When you said if employer doesnt honor the job offer Im in trouble..

do you mean if he does not give me the position stated in the LC??
Because my position has not changed yet , but my salary way above what\'s been mentioned in the LC..,

what about personal reasons I stated which are true, can I use them as a basis for my switch after 5-6 months??
 
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