Never worked for sponsered employer

Never Worked for Sponser employer

Hi query11,

95-99: I diid MS and working fro another company. Sponser company filed(1999: boom time) my GC saying that they want to hire me. It is a consulting firm. Now when my GC got approved (JUL-2001) .. dotcom went down south. So sponser company told me that they can not hire me in such a economy.

So where is my intention not to join. so how did you say is a fraud case. On once hand you atre asking details and on other hand giving decision. Strange !!!

Also IT is a public forum. I will ask folks until I feel comfertable, so do not lecture me when to stop.

One ask question on forum to get diffenrent experiences.... I can see the LAw in INS website. But practice and practical knowledge matters.

Also do you think just by forum I will take the decision. No.

surely I will get the lawyer but just getting all the knowlede (true case) through forum before selecting the laweyr. Home work is necessary. If you are tired of anserwing please ignore my comments.

Thanks,
Deepa
 
deepa321bapat said:
Hi query11,

95-99: I diid MS and working fro another company. Sponser company filed(1999: boom time) my GC saying that they want to hire me. It is a consulting firm. Now when my GC got approved (JUL-2001) .. dotcom went down south. So sponser company told me that they can not hire me in such a economy.

So where is my intention not to join. so how did you say is a fraud case. On once hand you atre asking details and on other hand giving decision. Strange !!!

Also IT is a public forum. I will ask folks until I feel comfertable, so do not lecture me when to stop.

One ask question on forum to get diffenrent experiences.... I can see the LAw in INS website. But practice and practical knowledge matters.

Also do you think just by forum I will take the decision. No.

surely I will get the lawyer but just getting all the knowlede (true case) through forum before selecting the laweyr. Home work is necessary. If you are tired of anserwing please ignore my comments.

Thanks,
Deepa
Click to expand...
Deepa no offence,.>>Sole reason i am telling this is your immigration officer does not go with the thoughts of patrons.
Second please feel free to post as many questions as you want.

i am extremely sorry if i offended you.just be honest in the interview...

well when i said fraud i said thts what uscis is going to consider,coz when a company files for its employees gc,uscis assumes that you are working for that particular company.....
i have no say...
 
Last edited by a moderator:
deepa321bapat said:
Also IT is a public forum. I will ask folks until I feel comfertable, so do not lecture me when to stop.
Click to expand...

Deepa,

This being a public forum doesn't alter the circumstances of your problem. Repeatedly asking the same question until someone responds with the answer you want to hear will not necessarily make it the legally correct answer.

As I mentioned before, my layman's opinion is there could be problems with the legality of your greencard. Maybe you won't have a problem naturalizing immediately, maybe you will. Only a qualified lawyer or immigration officer can definitively answer your questions. Since you probably don't want to consult the latter first, I suggest seeking the services of the former.

regards
Graham
 
Wait another year before applying for naturalization. That way the omission of your sponsoring employer is not as obvious since only 5 years of employment history on the N-400 is required. Hopefully that will put the issue to rest. If the IO goes into more questions to drill you on this point, then you have no option but to be truthful . The appropriate defense for you needs to be crafted between you and a competent immigration attorney before your interview. Don't risk relying solely on opinions of a forum like this, as you have some serious legal issues.
 
Never worked for sponsed Employer

If I apply for green card renewal the n I have to fill form I-90. This form does not talk about previous employement history. Also There is no interview for this process.



So I think while gc renewal I should not have any issue.



Thanks,

Deepa
 
deepa321bapat said:
If I apply for green card renewal the n I have to fill form I-90. This form does not talk about previous employement history. Also There is no interview for this process.



So I think while gc renewal I should not have any issue.



Thanks,

Deepa
Click to expand...
They wont ask a single question for i90...only thing they are going to check is the number of trips u had in the last n years..

hope this helps
 
CanTex said:
Wait another year before applying for naturalization. That way the omission of your sponsoring employer is not as obvious since only 5 years of employment history on the N-400 is required. Hopefully that will put the issue to rest.
------------- that is the correct way for the poster
Click to expand...
 
deepa321bapat said:
If I apply for green card renewal the n I have to fill form I-90. This form does not talk about previous employement history.
-correct.
Also There is no interview for this process.



So I think while gc renewal I should not have any issue.


Thanks,

Deepa
Click to expand...
-----------you got GC in 2001, GC is valid for 10 years, if you apply citizenship after 6 years of GC and your citizenship gets approved you dont need GC you will apply for US passport.
 
deepa321bapat said:
If I apply for green card renewal the n I have to fill form I-90. This form does not talk about previous employement history. Also There is no interview for this process.



So I think while gc renewal I should not have any issue.



Thanks,

Deepa
Click to expand...
Your GC should be due for renewal in 2011. Whay do you want to consider renewal now? Am I missing something here?
 
Never worked for sponser employer

Yes, it is due for renewal on 2011.

But I want to apply for Citizenship and get rid of this haging sword.

I have a letterf rom employer , stating that they can not hire me due to downturn in economy. Will it help ?

Thanks,
Deepa
 
Deepa,

As Ginnu and others have mentioned earlier, the best approach (IMHO) is to delay the citizenship process by atleast another year (so, apply 6 years after GC). This way, you will mention only the last 5 years employment history on the N-400 form. Obviously, if the Immigration Officer asks you about the GC company, you have no option but to tell the truth (and having that letter from your employer will only help).

Jeevs
 
Never worked for sponser Employer

This the text from one forum where one attorny has replied to similar situation:



When a person holding green card status with a sponsoring employer is let go through no fault of him/herself, then usually so long as that can be documented the LPR will be ok. It is important to show that the change of employment was not at the LPR's instigation. Otherwise, it is normally recommended to work for a sponsoring employer for at least 6 months and a year is better. While people don't always have a problem at the naturalization stage if they leave prior, there is a risk that cannot be foreseen.


--------------------------------------------------------------------------------


I also have th e letter from employer stating that they can not hire due to econimic dowturn. Do I have to worry?



Thanks,

Deepa
 
deepa321bapat said:
This the text from one forum where one attorny has replied to similar situation:



When a person holding green card status with a sponsoring employer is let go through no fault of him/herself, then usually so long as that can be documented the LPR will be ok. It is important to show that the change of employment was not at the LPR's instigation. Otherwise, it is normally recommended to work for a sponsoring employer for at least 6 months and a year is better. While people don't always have a problem at the naturalization stage if they leave prior, there is a risk that cannot be foreseen.


--------------------------------------------------------------------------------


I also have th e letter from employer stating that they can not hire due to econimic dowturn. Do I have to worry?



Thanks,

Deepa
Click to expand...
See this attorney is talking about cases where the LPR is employed with the sponsoring employer but leaving 'shortly' after getting GC. Your case is different in the sense that you never even worked for the sponsoring employer. It is good that you have a document showing the reason for not working. I have not come accross a case like this one so I really can not comment on it. But your case is definitely unique and more likely to draw attention of IO to dig deep into the employment part. While it may reduce the possibility of IO catching the point if you file after 6 years as opposed to 5 years, you still have to be prepared for answering some pointed questions. This is where an experienced attorney would look at it from all angles and build good defence if at all possible. If it is borderline case then he would at least forewarn you as such and you would be taking an informed decision rather than just blindly jumping in and hoping for the best. I can understand your agony and I advise you to consult an attorney and get this turbulence over with.
 
I would strongly recommend you to wait for a year until your husband has got his citizenship. In the worst case if your green card is cancelled, you can apply for green card again, without having to leave the country. His citizenship can't be revoked. But his green card can be removed as a derivative benefitiary if you were to loose your green card.

Sponsorship by employer was your sole reason for your green card. As soon as you got green card you should have informed USCIS about it (well technically). Having got the benefit and kept quiet could cause you to loose your green card since it could be considered fraud. You mentioned your employer was a consulting company - if it is a big company fine, but if it is a small one who dishes out letters for H1B and green card, then they would be on the purview of the USCIS. They have started a special fraud center and are agressively pursuing fraud.

Hardship to US citizenship because of your removal is not applicable for your non removal (assuming your basis is US citizenship kids), otherwise the 10 million illegals would have used that reason to stay in the country.

From the conversation it seems you are looking for a single post that will support your line of thinking which seems to be to go for citizenship now. Anyway, good luck and do post your finding/outcome for the benefit of others.
 
The advice provided in the last 2 postings is right on. Don't rush into this without all possible consequences understood.
 
I talked to 2 lawyer and both gave tow differnet answers. One says that you have no issue because you have the leet from employer and they can not prove that it was not your intention. While other says that may be you could be in problem.

So after talking to lawyer also I ma not getting any 100% answer. Danger is that if I apply and they say iti sa fraud then I become illegal immediatly.

Thanks,
Deepa
 
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