No paid work after GC approval, plus multiple Canada trips

N

ninja129

New Member
(edited after Jack's response to highlight employer B's rescinding of offer, Plus would like to know about the change in profession, what the expert opinion is around that. Thank you!)

Hello,

This topic has been brought up in many forms and the consensus has been that there is none. I have compiled my case history below, slightly different from the frequently debated travel questions.

- India citizen and passport
- Worked as a Engineer with company A who had initiated application for permanent residence
- Wife is a naturalized US citizen

In Sep 2009, the situation with A (company relationship) became worse and I quit my job in unfriendly circumstances. HR said they will tell reference checkers that they will never hire me again
Got married Oct 2009, then traveled to India to take care of ailing mother

I got email notice that GC was approved in Sep 2010. I had attended phone interviews and got a job offer with company B in Sep 2010. I entered the US on Sep 25, 2010 with my travel document (AP) with an intent to work for B. Was able to show at PoE that there was a valid job offer from B at the time of GC approval, and was able to use AP.

Collected GC in mail after arrival.

B rescinded job offer after they talked to A

I was a regular visitor to a charity who were looking for help with technical issues. As telecom engineer, I was well equipped to do this, and I started volunteering in Oct 2012. I continued to volunteer at the temple as a priest as well, as I come from a priest family in India.

In July 2011, a temple opportunity came up in Canada, and I agreed to help with setup. I visited Canada many times: for 150, 93, 106 days in 2011 and 2012 and coming back to US every time. I left last on Sep 2012 and plan to get back by end of Jan 2013, which would be 130 days.

In summary:
- Didnt work for the company who gave the offer which was used at PoE, as they rescinded offer
- Since GC approved was collected, didnt work for pay; Volunteered and did similar duties, but no pay. Can show that duties were similar
- Frequent travels to Canada: 150, 93, 106 and now 130 days out of US from Jun 2011 to Jan 2013
- Wife, US citizen continues to stay in US
- Paid taxes all years
- Residence in US (not rented or owned)
- Med insurance, car insurance, bank accounts, credit cards, fitness club membership, in US

Future plan is to stay in US and likely visit Canada 1 week in 6 months.

(Consulted with 2 lawyers who gave conflicting information: one said forget it, dont apply for citizenship this would be a problem; other said, no issues, you took up a similar role as your job profile after GC)

What am I looking at when arriving in Jan 2013? Any suggestions, pointers? Would like to get some insight.

Much appreciated!
-Sat
 
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If you apply for citizenship you might get lucky and the interviewer doesn't care about your (lack of) employment history. But if they do make an issue of it, you really have no basis to defend your naturalization case or green card. The job offer with company B wasn't a bona fide job offer, because they didn't have any actual work lined up for you. It was only a speculative arrangement. It could be construed that you committed fraud at the POE.

Unless you know of a court case with somebody in a very similar situation whose approval was established by the court, you really don't know what will happen if you apply. Without such a court case, a lawyer would also be guessing and speculating. Too bad you didn't get your green card through your spouse instead. That would have freed you from the employment concerns.
 
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Jack, Thanks!

- Would you foresee this issue popping up at PoE in Jan? It hasnt in the last 4-5 visits back to the US.
Or just at time of citizenship application?

And,
- Do you see issues with the change in profession?

- One of the lawyers recommended applying for family based GC and when it is approved, 'exchange' it at a consulate to set the record straight. any thoughts?

thanks for your inputs!
 
Jackolantern said:
... Too bad you didn't get your green card through your spouse instead. That would have freed you from the employment concerns.
Click to expand...

So is it that only "employed-based green card holders" are supposed to work for an emloyer that gave them green card? I guess all other GC categories should be good to go.
 
TheRealCanadian said:
They'd need to prove that he knew the job offer was not bona fide.
Click to expand...
It wasn't bona fide. Notice the edit date of the first post; the OP changed the story days after I replied. The original story was that he would look for clients after entering at the POE, and then upon finding a client company B would arrange a contract with the client and put him on the payroll. The offer withdrawal in the original story had nothing to do with B getting a bad reference from A.

Furthermore, when applying for naturalization, the burden of proof is on the applicant. Without an actual job to show for it, they can make him have to prove that the job offer was bona fide. Of course, if they're going to take away his GC because of it, the burden shifts to them.
 
Jackolantern said:
It wasn't bona fide. Notice the edit date of the first post; the OP changed the story days after I replied. The original story was that he would look for clients after entering at the POE, and then upon finding a client company B would arrange a contract with the client and put him on the payroll. The offer withdrawal in the original story had nothing to do with B getting a bad reference from A.

Furthermore, when applying for naturalization, the burden of proof is on the applicant. Without an actual job to show for it, they can make him have to prove that the job offer was bona fide. Of course, if they're going to take away his GC because of it, the burden shifts to them.
Click to expand...

To clarify, it holds that the agreement with B was to look for clients after I entered.
And - the B offer was rescinded after they talked to A, after I entered.
 
ninja129 said:
To clarify, it holds that the agreement with B was to look for clients after I entered.
Click to expand...

That still makes it speculative employment, as they didn't have any actual work lined up for you and weren't going to put you on the payroll until you found a client.
 
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