Never worked for sponsered employer

D

deepa321bapat

Registered Users (C)
:confused:
I got my green card on 05/18/01. Now I want to apply for citizenship. But I never joined my sponser employer who filed the green card for me. Once my GC got approved my employer told me that they do not have enough budget to hire me.

Now will it come uder fraud. My intetinon was to join the company. Now If I apply for citizenship then INS may revoke my green card saying that I never had the intention to join the sponser employer.

What should I do. Is there any hope?

Thanks,
Deepa
 
I am not sure how this works. Nothing in N400 has much to do with employment except list your employment history for past 5 years. The only thing you need to be worried is about the IBIS checks and USCIS visa checks which I doubt will show where your worked and when. On the face of it dont see any problems. Howver you should talk to someone who has day-to-day experience filing N400s like an aila aproved attorney to determine what is the practice inside USCIS on these matters
 
If you file immediately, you can bet USCIS will pick up the discrepancy between who sponsored your GC and who you actually worked for. By delaying filing for a year or so, you won't need to list your employer at the time GC was granted, so no red flags will be raised.
 
Not worked for sponser empolyer

But lets say if USCIS found out that I did not work for employer can't I prove to himher by showing the leeter from employer that they do not have job open fro me after approval. So my inteniton was good.

What do you think?

Thanks,
Deepa
 
I tend to agree with the comment that boatbod posted.

Btw, did the employer ever had to produce a letter to uscis showing the intent to hire you? In my case, my employer received an RFE atleast 2 times
during the process. The last RFE was very close to the actual approval
of the 485. If the employer produces a letter with the intent to hire
you a couple of months before your GC approval, i am not sure how they
can then claim that they could not hire you at all after approval?
The onus will be on you (or your employer) to show that the business
took a steep down turn between the time they wrote the letter and the
time the gc was approved.

I would have a hard time proving that...

Just my personal opinion. I could be wrong. good luck.
 
No, My employer never received any RFE from INS. So how do you prove the intent that I was redy to join but employer ca nnot hire.

Thanks,
Deepa
 
deepa321bapat said:
But lets say if USCIS found out that I did not work for employer can't I prove to himher by showing the leeter from employer that they do not have job open fro me after approval. So my inteniton was good.

What do you think?

Thanks,
Deepa
Click to expand...

While unlikely (if you wait longer as suggested) I think you'd be on really shaky ground and could be open to the possibility of having GC revoked. Perhaps its time to consult an immigration attorney?
 
While your case may be genuine, the IO has to follow the same instructions for every case. A while back another user query11 had a link to the actual instruction sheets that IOs are given to conduct an interview. I read that before i went for my interview. (I can no longer find that link. perhaps it has been deleted ). That 'rule book' clearly said that in case of employment
based GC, IO's should check if the applicant worked at the sponsoring employer. (it did not say anything about how long... which is what I
was interested in at that time).

your employment history for the past 5 years is on your N-400. Most IO
would review each page of the application (even if its a cursory glance).
My interview officer made a snide remark about my working for company
xyz ( which is a well known employer and is especially well know for
offshoring. The offcier said he was surprised that they are hiring in US!).

Again as i said your case may be genuine, but you should realize there are some who join fictious firms and submit false docs. The officer will put the
onus on you to prove that you have not done that. Is your sponsoring employer a well known firm in the US? It its one of those body shops, your
case is that much harder..

again, these are just my thoughts. not sure if i am way off ...
hopefully some more experienced people on board will also comment. good luck.
 
Nerver worked for sponser employer

Ok. lets say USCIS proves that it is a fraud. Then they will revoke GC. Can I go to immigration court for "Cancellation of Removal". For this law one has to be permanent residence for last 5 years and no criminal records and there will be a hardship for immidiate us citizen family memeber. I fullfill all thre conditions. There is a cap of 3400 for this approval per year. Can I use this?

Second if my husband only apply for naturalization will they look for my employeent history? I mean for my husband do you think there will be any issue? Once my husband get the citizenship, then after 3 year as a spouse of citizen I can apply for citizenship and never go to the empolyer quetions.

Now not to make it as simple, I know there is always a possiblity of officer to look into details. But practically do you think they will go into so much detail?

Thanks,
Vivek
 
Here it is...
(from the above link)


• 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?



You should also determine whether the applicant met all of the eligibility requirements of the employment classification under which he/she was granted status. For example, did the applicant have the necessary training or experience that the labor certification required for that classification? The labor certification, which seeks to classify the applicant’s occupation as a shortage occupation, must be filed with the U. S. Department of Labor for most employment-based immigrant petitions. [See 8 CFR 204.5. and Chapter 22 of this manual.]
 
I understand that they can ask all this question. So should I prepare myself to be get deported or I have any hope?

IF my husband apply (who was beneficiary) for citizenship, then will they check for my employemnt or he can get the citizenship .

Thanks,
Deepa
 
deepa321bapat said:
:confused:
I got my green card on 05/18/01. Now I want to apply for citizenship. But I never joined my sponser employer who filed the green card for me. Once my GC got approved my employer told me that they do not have enough budget to hire me.

Now will it come uder fraud. My intetinon was to join the company. Now If I apply for citizenship then INS may revoke my green card saying that I never had the intention to join the sponser employer.

What should I do. Is there any hope?

Thanks,
Deepa
Click to expand...

As long as you were working for the sponsoring employer during your green card processing and once you got the green card, your employer laid you off or something and you have a letter from the employer proving that, then I don't see any problems.

Your msg does not clearly give all details, but if your case is similar to above scenarios, then it shouldn't be a problem at all.

A lot of people in past few years have been laid off within weeks/months (or just before) of getting their green card and I haven't heard any case where it had been an issue.

My personal opinion is that you would be OK, and worst case if the officer asks about the employment history, show them the letter from the employer.

I wouldn't worry too much about it, but if you want to be on the safe side wait for another year or so before applying.
 
Never worked for sponser employer

No I never worked for sponsered employer. I was suppose to join after GC approval.

So can some one tell me worst case seniario. What will happen? Do I have to leave USA or I can get some releif from immigration court.

Thanks,
Deepa
 
What status were you on while this employer was sponsoring your Gc.
Were you on H1 working for a different company but in the US
and did an adjustment of status? IF so, did that other company also
file GC on your behalf?

or did you enter the country after getting the GC that was based on this non exisitng job?

Also you have not provided any info about the employer. Is it a reputed
firm or some body shopping. Reason i am asking is that there are some
employers - who because of their past - would raise a red flag.
 
Never worked ofr sponsered employer

I came to USA in 1995.
Applied green card in 1999 (at that time was working for another company on H1)

The comanpy which did the green card is a small corp. But never listed black. Also when GC approved they told m ethat they can not hire me because of downturn in economy. So I contined at my current employer.

I got my green card on 2001. So now I am eleigble to apply for citizenship.

Hope it will help.

Thanks,
Deepa
 
The question is: Is your GC illegal? obviously not

Then was the way you getting GC a fraud? Hard to tell but we all knew hundreds of companies even some big firms went south during 2000-2001. So since the then-INS did not think your case was a fraud, there is no reason to make them believe your case was a fraud today.

So you have nothing to too much worry about but be prepare to answer the interview officer's questions honestly.

good luck
 
deepa321bapat said:
Can some bosy help please !!

Thx
Deepa
Click to expand...
Deepa,
no offence i think the people in both the forums have tried to help you enough.Hire a lawyer and pray for the best.
Going through your story i would definitely say there is something fishy...
why were you told that you can start working once you get your gc...i mean i dont get it...
what visa were u on from 95 to 99....something is not right.
people have helped you enough,thank them and hire a lawyer.
 
deepa321bapat said:
No I never worked for sponsered employer. I was suppose to join after GC approval.

So can some one tell me worst case seniario. What will happen? Do I have to leave USA or I can get some releif from immigration court.

Thanks,
Deepa
Click to expand...
just pray...laymans term this is fraud.How can a company file for your gc when you have no intent for working for that company while ur gc was processed....
just pray...wish you luck...
 
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