Post I-485 Question

[sy8]

A non-English speaking friend recently told me of his situation and I'm here on his behalf to see if anyone can help answer his questions. My friend filed an I-140 and had it approved. Once he received his visa but while the I-485 was still pending (and before the 180 days were up), he left his first place of employment without telling his employer that he had received his visa. However, once he discovered that he had to remain at the first place of employment, he went back and begged for his job back. With much reluctance, the employer hired him back, still without knowing the situation. Now, his I-485 has been approved and he received his green card less than a year ago.

His questions is: if the employer finds out about his deceit (which basically constitutes fraud), can the employer do anything to get his green card revoked by USCIS?

I really don't approve of what he did, but what I would like to know what everyone here thinks.

Thanks so much!

 

[ginnu]

A non-English speaking friend recently told me of his situation and I'm here on his behalf to see if anyone can help answer his questions.
My friend filed an I-140 and had it approved.
-----------------I think employer of your friend filed I-140 .
Once he received his visa but while the I-485 was still pending (and before the 180 days were up), he left his first place of employment without telling his employer that he had received his visa.
---------------------what kind of VISA he/she recieved? when I-485 is pending he may have got EAD not Visa. Explain the situation.
However, once he discovered that he had to remain at the first place of employment, he went back and begged for his job back. With much reluctance, the employer hired him back, still without knowing the situation. Now, his I-485 has been approved and he received his green card less than a year ago.
-----------------------He got his I-485 approved and got green Card.
His questions is: if the employer finds out about his deceit (which basically constitutes fraud), can the employer do anything to get his green card revoked by USCIS?
-----------------------what kind of fraud?
I really don't approve of what he did, but what I would like to know what everyone here thinks.

Thanks so much!

--------------If employer filed I-140 for him and he filed I-485 and I-485 got approved and got his Green Card then I dont see problem.

 

[sy8]

Thanks for replying ginnu!

However, I read, "Commission of certain crimes, or obtaining a Green Card through the use of misrepresentations or fraud can lead to revocation and deportation." This was written on a law group's webpage. I have to assume that if the employer were to write a letter to USCIS about my friend's misrepresentations, it could lead to revocation and deportation, no?

 

[ginnu]

Thanks for replying ginnu!

However, I read, "Commission of certain crimes, or obtaining a Green Card through the use of misrepresentations or fraud can lead to revocation and deportation." This was written on a law group's webpage. I have to assume that if the employer were to write a letter to USCIS about my friend's misrepresentations, it could lead to revocation and deportation, no?

what kind of misrepresentations your friend has done???

 

[sy8]

To answer your earlier questions, I don't really know the specifics of what happened. What I do know is that he was able to leave the country after he left the first place of employment. So, I assume that he received a visa of some sort if he could leave and then return to the US. (I haven't spoken to him recently to get the details.)

I guess what I'm trying to say about "misrepresentations" is that he was legally supposed to stay with the first place of employment at least 180 days after the I140 was approved, right? If so, he broke that rule, and he also changed employment without filling out the necessary paperwork (form 21 or something, sorry I'm not sure). Moreover, he just didn't change places of employment; he went into business for himself. Isn't that a severe misrepresentation to the USCIS. He clearly showed that he had no intent to remain at the first place of employment, which is a material fact in the I140 process, right? Am I wrong to assume that such information could get him in trouble?

And, thanks again so much for sticking with me, ginnu!

 

[Jackolantern]

I guess what I'm trying to say about "misrepresentations" is that he was legally supposed to stay with the first place of employment at least 180 days after the I140 was approved, right?

No, the 180 days is for a portability provision, not an obligation. To be protected from the employer revoking the I-140, his I-485 must be pending for 180 days and the I-140 must be approved (or at least "approvable when filed").

But under AC21 there is no actual obligation to stay for 180 days, nor to inform the old employer of new employment. There is not even an obligation to work for the employer during those 180 days (the obligation is to work for them after approval of the green card, unless AC21 portability is used). It's just that by leaving in less than 180 days, he wouldn't get the benefit of being protected from I-140 revocation if the employer asked USCIS to revoke it. The employer could have revoked the I-140 when he originally left them, but they didn't, and he worked for them before and after obtaining his green card, so his obligations are fulfilled and there is no fraud on his part.

 

[sy8]

Thank you so much, Jackolantern! You've cleared up so many things for me.

Does that mean that my friend is okay, even though he lied to the employer and never even gave the employer the chance to revoke the I-140 when he first quit? And, does that mean when his attorney freaked out about his quitting that she was worried about I-140 revocation? He said that she forced him back to the employer after finding out what he had done. I'm assuming that there was a reason for that.

 

[Jackolantern]

Does that mean that my friend is okay, even though he lied to the employer and never even gave the employer the chance to revoke the I-140 when he first quit?

What do you mean "lied to the employer"? He didn't give a resignation notice? Wouldn't the employer notice that he didn't show up for work anyway?

And, does that mean when his attorney freaked out about his quitting that she was worried about I-140 revocation? He said that she forced him back to the employer after finding out what he had done. I'm assuming that there was a reason for that.

The reason for the attorney's concern is because if the employer revoked the I-140 at that time, his GC would have been denied. But since he went back to the employer, and the employer didn't revoke it, he is safe now.