losing employment after approval

D

deshipublic

Member
I haven't received my approval yet but my boss is telling me that the day I get my approval I have to leave! Because he will not be able to pay me the salary that was applied for when my I 485 was applied for back in 2001. Now my question is , is that right? He said he spoke to the company lawyer and he also said that the day I get my I 485 approved , my employer cannot pay me the 'tiny' salary he is paying me now and will have to pay $70K which was the salary mentioned in I 485 application. Is this true?
 
Technically, Yes!! Your company will have to pay you whatever is mentioned in your application. At the same time, if your company is planning to fire you right after your approval, it becomes fradulent intent.
But frankly, I don't think it matters. I don't think INS will come knocking your door (or your company's door) asking for paystubs.
 
hmm

so are you syaing it doesnt matter that they keep on paying me less even after the approval or are you saying they should let me go right away after the approval I'll still be ok.
 
Not a Problem

Talk to a lawyer. You can find another job with the same or similiar Job classification. It is not a problem at all.
 
that IS the problem

Actually saimural. that IS the problem since my job description is not the same as what the I 485 was applied for. Withing the company I deviated and working as an IT recruiter now where as by I485 was for a programmer kind of jobdescription. That's why it will be difficult to find a position with the same 'job description' that was in the I485 application. U know what I mean? By the way, saimural, I sent you an email in your hotmail liek u said, but never heard back from you:)
 
I am sorry but I didn't quite understand what you are saying. You say that in your GC application (I485) you were classified as a programmer. Now you are working as a recruiter. So technically if you were to move elsewhere, you have to find a job as a programmer. Are you saying that you are not able to find a job as a programmer?
 
hmcis,

I think you ought to be grateful to your boss. In this economy, it is luck just to hold on to your job, not to mention to keep you at the same pay level...

Your boss has no legal obligation to keep your job, nor to keep you at the same pay level. Niether he has any legal obligation to keep you in the 485's status...

I have seen so many 485 applicants left the country in this economy. You have a really nice boss, I have to say - lucky you!


Lea
 
I understand....

Sg, you are right. Its difficult for me to find oa job of a programmer now since I didn't keep up with my technical side for the last 5 yrs!

And yes, my boss is nice. Or should I say 'was' nice.
 
hmcis,

Thanks for clarifying. Like everyone else I am aware of the difficult job-market situations in the US at the moment, particularly the IT industry. It will get better if the economy improves but I doubt it will be like the late 90s, particularly in terms of salary. So, hang in there and make it up to your boss so that he sticks with you until your green card problem is solved at least. Good Luck!

sg_rg2
 
Hate to say but it is true, it will become still worse as most of the major corporations are in line to do out sourcing and it becomes more tougher down the road (even the economy improves per se), as the employers learned the new MANTRA how to save money aka improve profits.

- WHY- R
 
Re: that IS the problem

Originally posted by hmcis
Actually saimural. that IS the problem since my job description is not the same as what the I 485 was applied for. Withing the company I deviated and working as an IT recruiter now where as by I485 was for a programmer kind of jobdescription. That's why it will be difficult to find a position with the same 'job description' that was in the I485 application. U know what I mean? By the way, saimural, I sent you an email in your hotmail liek u said, but never heard back from you:)
Click to expand...

Once you get your GC, you can apply for any job you can do. Right?

Your boss promised to keep you until the GC is granded so there is no problems.
 
If your company fires you after approval of GC, you cannot do anything but to leave US. However many have survived such wreck and have held on other jobs. Once the approval has come, BCIS will not be coming after you to verify your job status unless you apply for some welfare or if you go for the citizenship interview.
I think you dont have to worry too much , as long as the 485 approval is on hand.
 
I don't see any immediate problems with this. If you get fired, what can you do? Try to get another similar job as soon as you can. Technically speaking you can do any job or even have your own business, but it is better to work with the similar job for a while so that there is no question of your intention when you file for citizenship. If you are that worried, talk to a good lawyer.
 
with the similar job for a while so that there is no question of your intention
Click to expand...

Fairgame: What does "for a while" imply? Is it open for BCIS/individual's interpretation, or the law clearly stipulates, say a minimum period of 180 days after approval or something like that?
 
I do not know what is a fair amount of time is "for a while." I would just use common sense. Can you provide good reasoning if BCIS ask you the question when you go for citizenship? The longer you can do the similar job, the better, but I do not know if there is any law pointing to any specific amount of time. Again as I said earlier, if you have doubts, talk to a good lawyer.

Another comment: it is all subjective. I feel that it depends on how the person who is reviewing your application views this. It also depends on the timing. With the present gov in power things will only get harder. If that changes then all aspects of immigration could get a little easier. Again that is just my comments, don't take my word for it.
 
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