scary discussion with an attorney. what should i do to start my GC again?

[Fort_User]

I had a paid discussion with an attorney about my case. The following are the outcome. My case is Eb1(or), never worked for sponsorer.

1.Getting deported to native country is happening quite often, but people don't report about it.

2.USCIS select cases randomly and check what they do after GC.

3.Working with sponsored employer is must for atleast one year to as much as possible.

4.When we want to change job, same profile is very important. Especially EB1(OR) guys should make sure that, it is same kind of research oriented job.

The Attorney concluded that,

As i have not worked for sponsorer after GC, that too Eb1(or), i am 100% deportable case. Also,if it is in H1B stage, one can file another LC. Now, after getting GC nothing can be done, so Anticipate deportion anytime.

I am really worried a lot and upset.

Could you guys through some light, is it possible to do my GC again?.

 

[TheRealCanadian]

3.Working with sponsored employer is must for atleast one year to as much as possible.
4.When we want to change job, same profile is very important. Especially EB1(OR) guys should make sure that, it is same kind of research oriented job.

Based on those two statements alone, I can conclude that you have most likely wasted your money. If you are worried, call and talk to Rajiv.

 

[Fort_User]

Hi TheRealCanadian,

Thanks for your quick reply.

Have you come across any EB1(OR) case like me. As EB1(OR) cases involves Research work, the Attorney strongly says, I should better give up GC. Otherwise risk. The Attorney is a very leading Attorney in USA. I paid huge amount and i waited long time to get Appointment.

But now total disappointment.

Please inform how to get away from this brain storm (every day torture even after GC)?.

 

[pralay]

I had a paid discussion with an attorney about my case. The following are the outcome. My case is Eb1(or), never worked for sponsorer.

1.Getting deported to native country is happening quite often, but people don't report about it.

2.USCIS select cases randomly and check what they do after GC.

3.Working with sponsored employer is must for atleast one year to as much as possible.

4.When we want to change job, same profile is very important. Especially EB1(OR) guys should make sure that, it is same kind of research oriented job.

The Attorney concluded that,

As i have not worked for sponsorer after GC, that too Eb1(or), i am 100% deportable case. Also,if it is in H1B stage, one can file another LC. Now, after getting GC nothing can be done, so Anticipate deportion anytime.

I don't think it can be said in generic way that if a person does not work for GC sponsorer he/she becomes deportable automatically. I think it's mostly depends on case to case basis. As it was discussed many times that if a person never works for GC sponsorer or leave immediately after GC approval, they becomes vunerable to fraud accusation. However, if both parties (GC sponsorer and beneficiary) had genuine intention to establish employer-employee relationship and filed I-140/I-485 in good faith, I do believe they can come out from those accusations easily.

I mentioned in one of the threads earlier that in recent days USCIS/DOL are aware of "win-win deals" - where employer gets money in exchange of sponsoring GC and beneficiary gets GC (and they never establish employer-employee relationship). I am not sure how reliable your attorney's "random checks" theory. But if they are really doing "random checks" probably their main targets are those "win-win dealers and customers". If you are not one of them I guess you have nothing to worry about.

Regarding "one year working", that's a thumb rule. Many lawyers think it's 6 months, some think 1 year, and some even more. I guess eventually it depends on the case and circumstances that makes someone unable to work for GC sponsorer.

 

[Fort_User]

I think it's mostly depends on case to case basis..

You are right. The weak part in my side is, it is Eb1(or) category. I must necessarily work with research oriented work. Proving both job are similar is a big issue now.

 

[hipka]

You are right. The weak part in my side is, it is Eb1(or) category. I must necessarily work with research oriented work. Proving both job are similar is a big issue now.

Fort_User, a question to you. Why did your company sponsor the GC when you were not working for them? Very few companies use this route these days, majority of them will only sponsor if you work for them. Some of them even consider sponsorship a benefit. Some other questions would be 1) What made you consider a change in employment before the GC was approved? (Was it a layoff?, better opportunity? personal reasons?). Did the sponsor really intend to hire you throughout the GC process? Think of the answers to these questions carefully and collect proof for the answers. If there are really genuine answers then there should be no problem. Don't always believe what your attorney says. Many attorneys give pessimistic interpretations of the law as they don't like to lose cases.

 

[tangohi]

You mentioned tht you changed your field of work after GC. That does not make sense. Why do it and if you did it then you may have problems if selected. EB1OR is based on the fact that you will work in the same field at least for a while. If it is randomized then your case may or may not come up.
Get opinion from some other lawyers too.

 

[qwertyisback]

Which is a sound thing...
You are welcome to gamble with your own GC, but advising others to do that is irresponsible...

Its fine if lawyer does that based on specific cases and circumstances related to them but that don't give any right to "resident lemons" on this forum to scare others with their irrlevent grumbling on any/every issue all the time.

Forty,TRC has given you very profound suggestion, take a second opinion, go for third one if required, but don't loose hopes. Take care buddy

 

[Participant]

I had a paid discussion with an attorney about my case. The following are the outcome. My case is Eb1(or), never worked for sponsorer.

1.Getting deported to native country is happening quite often, but people don't report about it.

2.USCIS select cases randomly and check what they do after GC.

3.Working with sponsored employer is must for atleast one year to as much as possible.

4.When we want to change job, same profile is very important. Especially EB1(OR) guys should make sure that, it is same kind of research oriented job.

The Attorney concluded that,

As i have not worked for sponsorer after GC, that too Eb1(or), i am 100% deportable case. Also,if it is in H1B stage, one can file another LC. Now, after getting GC nothing can be done, so Anticipate deportion anytime.

I am really worried a lot and upset.

Could you guys through some light, is it possible to do my GC again?.

Follow if possible.
1)First off Don't panic.The reason is more you panic more you loose -peace/correctness of the decisions.
2)And what happened is happened and think how to get out of the rut(If it is really a rut as you do not know till you take Second Oipinion.)
3)The tone of the above attoreny(advise) smells more of a worst ever case scenario 'list' than a normal case and your case may not/won't qulaify in that category(find it with another attorney)

4)talk to good Attorneys like Rajiv who may dwelve with your specific real situation,which may come out ultimately as not that complex ,for example.
5)For get about the Big lawyer and take a second opinion of your choice .
6)It may come out your GC is safe?
7)Still if all good lawyers of the unanimous opinion that you will loose,
then only think of new GC.
Till that time be cool and don't take to heart and get confused with some of the adverse postings here till your 7th point above.
Good Luck.

 

[hipka]

Which is a sound thing...
You are welcome to gamble with your own GC, but advising others to do that is irresponsible...

I am not advising him to gamble with his GC. I am asking him to build a case to defend himself should he get into trouble. Pessimistic advice is OK if you have a clear cut case with no problems. Scacrificing the GC when you have chance to defend it, based on a pessimistic lawyers advice, is sheer foolishness. I have been through this experience and it looks like you have not!

 

[Fort_User]

Fort_User, a question to you. Why did your company sponsor the GC when you were not working for them? Very few companies use this route these days, majority of them will only sponsor if you work for them. Some of them even consider sponsorship a benefit. Some other questions would be 1) What made you consider a change in employment before the GC was approved? (Was it a layoff?, better opportunity? personal reasons?). Did the sponsor really intend to hire you throughout the GC process? Think of the answers to these questions carefully and collect proof for the answers. If there are really genuine answers then there should be no problem. Don't always believe what your attorney says. Many attorneys give pessimistic interpretations of the law as they don't like to lose cases

Tangoghi

You mentioned tht you changed your field of work after GC. That does not make sense. Why do it and if you did it then you may have problems if selected. EB1OR is based on the fact that you will work in the same field at least for a while. If it is randomized then your case may or may not come up.
Get opinion from some other lawyers too..

I want to give more details about me for these questions.

I am a PhD in computer science and working in software profession. I came to USA during Mid of 2000 and started working as a Programmer. I used to find software contract jobs on my own and go to companies for my H1B. They take share for keeping my H1B visa. When i was working for company A (IT consulting company), I started my GC on my own in EB1(OR). After few months, before my I140 approval i lost job with client. That company A did not care for me and said openly get out from us (that time job recession was high--Feb2002, so they thought i may be a burden for them). In the meanwhile, i found another job (another IT Consulting company- same profile as Programmer) with a company B. However, that new company (company-B) informed me that, i should work with them on their H1B. I agreed upon and continued my survival in USA. After two months my I140 approved and i approached company A for future job letter and they agreed for it.

Based on my future job offer, my GC was approved on Sep-2004. I tried to join back with company-A, but within those two years (2002 to 2004) they have changed their rules that, they will deal only with direct big clients. Not with individuals. So, i was unable to join with them not even for a single day. Eventhough i tried.

All these things happened over phone discussion. They provided only future job offer in writing. Other than that, nothing i have in my hand to prove. So my questions are

1.As my case is EB1 (OR), what is the parameter, which decides my job is “same profile” of Company-A. Because Company-A is a pure software company, they don't do Research (Actually during the recent paid conversation, the Attorney was surprised about my GC approval and said that INS approved my GC by mistake).

2. I can join with company A in future if i go through big companies like Intel,Verizon etc. It may happen say after 6 months or one Year. Will it be of any use?

3.If I get a letter from Company-A that they are unable to provide me job, will it resolve my problem. If so, please suggest the letter format.

4.If i apply for Citizenship(N400) after 8 or 9 years am i safe?

5. In case if my N400 denied, can i continue with GC by renewing it. Or can i just extend my GC for another 10 years (that is second time renewal) and keep quite.

 

[pralay]

1.As my case is EB1 (OR), what is the parameter, which decides my job is “same profile” of Company-A. Because Company-A is a pure software company, they don't do Research (Actually during the recent paid conversation, the Attorney was surprised about my GC approval and said that INS approved my GC by mistake).

This is what surprises me. If they don't do R&D, then why did they file petition I-140 for you in EB1(OR)? That makes their I-140 fradulent. Even though I understand that you had every intention to work for company A, but company never had any intention in good faith hire you in a job position for which I-140 was filed. May be they had R&D requirement with one of the clients, who knows!

I have an ex-colleague who works for one of big computer companies. Even though he was PhD from India and published numbers of papers in international journals, still his company filed GC for him in EB2 category because the job he was working certainly did not require any R&D work.

 

[Participant]

This is what surprises me. If they don't do R&D, then why did they file petition I-140 for you in EB1(OR)? That makes their I-140 fradulent. ...
him in EB2 category because the job he was working certainly did not require any R&D work.

Some cos. does this.Though the cos. intention is not to commitfraud,ultimately the cos.may not have the job.It's a practice and not intended as fraud in some cos.(Do not know this co.)
Like,some real non-research cos. (virtual research cos)get research projects from govt.
(equivalent to a colloquial project in SW scenario) then recruit phds on H1
and these h1s continue as long as there is project and even they are sponsored for GC EB1(or) and continue to be in employment as far as
projects/funding exists.Once no new research project or funding to do this
these on H1s or GCs will be let over to go.
If you comapre this to your SW scenario--You are sponsored for EB2(project based client based) and later when project/client is not there you will be laid off .(likeThey have intention but no job at time GC approval).

 

[hipka]

No, I have not, and I don't intend to. That's because I am very careful to not gamble on these things.
In this particular case, the lawyer reviewing the case knows (a) more of the details, (b) has experience with the law, and (c) has access to case law.
Yet, you make it sound as if you know more than that lawyer. On what basis? How can you even know if the lawyers advice was overly pessimistic? If you think about it, you can't. Every case is different. You can't take your case and apply it to some other case.
Now, that still doesn't mean that all hope is lost. Participant put it right: while this is certainly emotional upsetting, it is important that decisions are made with a cool head.
Also note that I didn't even talk about "sacrificing the GC"...

Cool down joe. I never claimed I knew more than the lawyer, thats why I asked those questions. The lawyers advice was pessimistic because he claimed that 'you need to work for 1 year with sponsor after GC approval'

 

[arizonian]

Its fine if lawyer does that based on specific cases and circumstances related to them but that don't give any right to "resident lemons" on this forum to scare others with their irrlevent grumbling on any/every issue all the time.

QWERTY has a sense of humor !!!!!!

Now that IS encouraging.

"Bad apple" would be a more appropriate fruit and this would apply more to QWERTY and the like rather than the others that he is pointing fingers at.

 

[Fort_User]

Hi Vitalsigns,

Your posting is really encouraging. I love to read it.

However, for the EB GCs, some sect of people(including leading Attorneys' in USA) cautioning about the following key words frequently.


"intent"
"fraud"


If this topic die with clear cut guide lines from USCIS i would be happy.

 

[arizonian]

You are way out of line. The guy is just giving his opinions, and it is OK to differ. That is the purpuse of the whole thing.

If you have not noticed, most others have been trying to have a discussion on some important issues in a decent manner.

I am tempted to discipline you here on the forum but that degrages me to the same level as you and I refuse to use bad language here. If you have what it takes, give me your address and phone number, and I will personally clear your doubts for you.

 

[hipka]

Vitalsigns is getting confused about why his greencard was approved. The only reason USCIS is giving the GC is to enable you to work with your sponsor.
They are NOT giving the GC because:
1) You are talented, educated, etc.
2) US welcomes immigrants etc.
3) Because you have a good moral character.

If you leave your sponsor, then you are violating the very reason USCIS gave you that GC. What rights you have as a GC are secondary, you are violating the basic reason for you GC approval.

There's no fraud if a person came to work to the US by the invitaion of a sponsoring company and left the company after the person got his permanent residency status. There's no fraud in that. No court will accuse this person of a crime. Bad morals? Maybe, but then even that is arguable also. The whole thing is to prove that it was a crime.

If stripping people of residency because of the questions concerning the intent is going to be inforced it will bring chaos to the immigration system.

It will mean, for instance, that the devorcees will want their ex-spouses to be stripped of the PR status as a revenge, if the latter got it on the basis of marriage.

It will mean I will not be able to start my own business for fear of being stripped of the PR status, because I can't leave my current employer.

It will mean I may have to continue working in an environment that can be detrimental to my health, because the company may or can take advatage of me, knowing that I am vulnarable.

 

[hipka]

There's no fraud if a person came to work to the US by the invitaion of a sponsoring company and left the company after the person got his permanent residency status. There's no fraud in that. No court will accuse this person of a crime. Bad morals? Maybe, but then even that is arguable also. The whole thing is to prove that it was a crime.

If stripping people of residency because of the questions concerning the intent is going to be inforced it will bring chaos to the immigration system.

Vitalsigns is getting confused about why his greencard was approved. The only reason USCIS is giving the GC is to enable you to work with your sponsor.
They are NOT giving the GC because:
1) You are talented, educated, etc.
2) US welcomes immigrants etc.
3) Because you have a good moral character.

If you leave your sponsor, then you are violating the very reason USCIS gave you that GC. What rights you have as a GC are secondary, you are violating the basic reason for you GC approval.

It will mean, for instance, that the devorcees will want their ex-spouses to be stripped of the PR status as a revenge, if the latter got it on the basis of marriage.

Several divorcees have tried this, its already happening.

It will mean I will not be able to start my own business for fear of being stripped of the PR status, because I can't leave my current employer.

You knew that you could not leave your employer when you signed up for the GC. It was a choice you made. You were the one who opted not to start a business.

It will mean I may have to continue working in an environment that can be detrimental to my health, because the company may or can take advatage of me, knowing that I am vulnarable.

Yes, you will have to work on that environment, because you chose it out of your free will. If the envornment changed after GC approval then you can leave your sponsor, but if they clarified this before then its your mistake. The company can definitely take advantage of you in any legal way possible, in fact they are sponsoring your GC only because they want to take advantage of your skills. Why do you expect charity?

 

[Fort_User]

They are NOT giving the GC because:
1) You are talented, educated, etc.
2) US welcomes immigrants etc.
3) Because you have a good moral character.

I have studied upto 5 th grade only. I will assure USCIS that, who ever sponsor my GC, i will not leave them. Can i get GC? So, your first point is invalid. Education and talent too matters.