My new GC, and employer problems. HELP!

J

Jeffrey J

New Member
Two months ago, I was approved for an E1 greencard (manager) through work. The GC is legitimate - the plan has always been that I was to be transferred to Los Angeles to set up and manage another office there. I thought I was being transferred to LA, and my boss was intending to send me for the last 3 years (when we originally filed the application). However, with the economy in such a slump, our business is hurting, and we just don\'t have the money to set up another office. I think that he’s realized that if I were to remain here in Canada he would be saving a lot of money, so I don’t think he wants me to move now. But all of this just became an issue - 2 months after I got approved, and I haven\'t even moved yet!!!

At this time, I don\'t see my boss taking any steps toward relocating me. My concern is that the 6 months I have to cross the border to activate the GC will come and go before he gets his act together. I have not spent over 3 years and thousands of my own dollars to let the opportunity to move to the US slide. I\'m just not sure what my options are.

Can I simply leave my job here in Canada and move to the US on my own and work for someone else, will the INS allow that? Or will they even be aware that I never did work for the US company that “sponsored” me? I have no intention on collecting ANY social assistance/welfare, I’m going to work.

I know the whole story behind “intent” and the amount of time that should pass before you consider changing employers to “make it look good”. But the intent of this GC was legitimate all along; it’s just recently that the company has reconsidered the need to transfer me. It is just incredibly unfortunate that it happened after I was approved, but before I actually transferred. I believe I would have a good case if, God forbid, the INS should ever question me.

Does anyone have any legal advice they could give me, or experiences/opinions they would like to share? HELP!
 
No Title

I guess you can come to USA and change the job.
There should not be a problem unless your canada comapny
files a complain to INS.

best wishes.
 
I went thru cp

I got my GC thru cp. When i entered USA i signed a letter in POE that i will join the company as per rules. And i joined my sponsered company. I am not sure u have to sign letter like that.
Legally you have to work with company when u enter USA. If, u r company terminates u r employment b4 entry than u r GC will become void. I think u need to get legal advice.

can anyone shed some light?
 
No Title

There are three things that you need to consider for your Green Card. First, you need to enter the country within 6 months of your Immigration Visa (assuming you got GC via CP) issue and when you enter the country, you should be employed by the sponsorer. Second, you need to be employed with the sponsorer for a reasonable period of time. That timeperiod is not clearly defined by INS but, of late, they have been flexible because of the market trend. Third, you need to show a US address because thats where they will send the actual plastic card.

All employment and residency information will need to be provided at the time you apply for citizenship. Also keep in mind, that your GC (or even citizenship) can be revoked anytime INS detects you falsified information.

Having said that, what you could do is come on temporary duty to US, stay with the company for a reasonable period (currently that is 2-3 months) and then swith jobs. Unless you can have your company lay you off after you enter the country(something like the position is closed and you are not required, etc).

Hope that helps. Best of Luck.
 
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