JohnnyCash
Volunteer Moderator
No problem whatsoever in this case. Clear cut case for approval.
Stop Working before Green Card
- Thread starter n400_issue
- Start date
No problem whatsoever in this case. Clear cut case for approval.
JohnnyCash
Volunteer Moderator
I am glad that you chose to withdraw your case at this time. I think this is the right thing to do in order to avoid deportation. Your case is different than others because you not only stopped working for the sponsored employer 6 months prior to obtaining the green card but also didn't work at all for another employer in the same field/job.
It's my suggestion not to apply for naturalization for at least 7-10 yrs more because by then USCIS won't dig as to when you left the sponsored employer which is only bummer in your case as of now.
Good luck...
Update from pal_bay
Last night my wife and I consulted a lawyer to get another opinion regarding my wife's scenario.
Lawyer said its not a problem as my wife didn't port her application with another company before she got her GC approval. Moreover, my wife stayed with the sponsoring company for more than 180 days and was laid off by the company, she said that also adds positively to the case.
Even though lawyer was pretty confident that there wont be any problem, I'm still skeptical and would like to hear from other members and lawyers.
thanks
Last night my wife and I consulted a lawyer to get another opinion regarding my wife's scenario.
Lawyer said its not a problem as my wife didn't port her application with another company before she got her GC approval. Moreover, my wife stayed with the sponsoring company for more than 180 days and was laid off by the company, she said that also adds positively to the case.
Even though lawyer was pretty confident that there wont be any problem, I'm still skeptical and would like to hear from other members and lawyers.
thanks
My N400 experience
Just my 2 cents on this whole issue. I had come here to US in 1994 on H1B and started my GC process in 1999 ( I know I wanted to go back..
) , I485 in January 2000, and actually got my GC in Feb. 2002 (after repeated calls to the Illinois Senator for help). I was working for the firm that sponsored my GC from August 1996 till Jan 31st 2002. I had to leave them because they changed the employment contract from January 1st 2002 that they will only pay me for the "Project Time" and no pay during the "bench time". Also they had withdrawn the Medical Insurance and left us without any Medical Insurance. My wife was very early in her pregnancy at the time and I was desperate to find another job (even without any end in sight for my GC). After I joined my new employer on 02/05/2002 I heard my GC status on the phone on 02/06/2002 that it was approved the same day. I thanked my lucky stars and got the plastic card a few months later.
I thought my ordeal is over till my wife went for her interview on 04/25, where the IO asked her about my job history and everything about my sponsoring employer. She was approved but I was cautioned by her IO that I might be asked tough questions about my employment history and I better come prepared with answers. (What a nice IO she was...).
My interview was a couple days later early in the morning at 7:15 AM, the nice IO invited me in her office. Standard set of questions that everyone has told about their interview experiences here were repeated for me. Upon interrogation on my employment history I told her about my story about how I had to leave the job because of medical insurance, because they did nto want to pay me a salary unless I was on a project etc. The IO told me that it doesn't really matter how long have you worked with the sponsored employer *before* the GC approval, you are expected to work sometime *after* the GC approval or else it is considered as a fraud. Anyway, she mentioned to me that this alone could result in my deportation (boy I was almost about to cry at the time).
After all the formalities were over she asked me to write my story and sign it on a peice of paper and that was attached with the file. I also gave her a copy of the contract that my sponsoring company had sent me. She said she would want to go and talk to her supervisor and come back to me. After 10 minutes she came back and said that her supervisor thinks that since you had valid reasons for leaving your employer and you stayed in the same field, you probably did not have any intent of comitting a fraud to gain LPR status. Hence she is recommending my case for approval. I asked her how long it is for the oath and she said the file now goes for a secondary review. If everything is OK maximum 90 days. about 2 1/2 weeks later I got my Oath letter. May 30th I am scheduled for the Oath.
Hope this helps to someone who is in similar situation. I think it all depends on your circumastances. I think I was able to make the IO believe that it was not me who wanted to leave the job it was forced upon me. My use of words like, I had to choose between leaving my employer and being able to support my familiy ( I am a single income family) and put food on the table of my family and be able to give my wife a decent opportunity to give birth to our scond daughter and not run in huge debts, and I chose to find another job. I think it made her see that it was my situation that forced me rather than a choice.
Good Luck to you all. Hope you all get your N400 approvals soon.
Take Care
Just my 2 cents on this whole issue. I had come here to US in 1994 on H1B and started my GC process in 1999 ( I know I wanted to go back..
) , I485 in January 2000, and actually got my GC in Feb. 2002 (after repeated calls to the Illinois Senator for help). I was working for the firm that sponsored my GC from August 1996 till Jan 31st 2002. I had to leave them because they changed the employment contract from January 1st 2002 that they will only pay me for the "Project Time" and no pay during the "bench time". Also they had withdrawn the Medical Insurance and left us without any Medical Insurance. My wife was very early in her pregnancy at the time and I was desperate to find another job (even without any end in sight for my GC). After I joined my new employer on 02/05/2002 I heard my GC status on the phone on 02/06/2002 that it was approved the same day. I thanked my lucky stars and got the plastic card a few months later. I thought my ordeal is over till my wife went for her interview on 04/25, where the IO asked her about my job history and everything about my sponsoring employer. She was approved but I was cautioned by her IO that I might be asked tough questions about my employment history and I better come prepared with answers. (What a nice IO she was...).
My interview was a couple days later early in the morning at 7:15 AM, the nice IO invited me in her office. Standard set of questions that everyone has told about their interview experiences here were repeated for me. Upon interrogation on my employment history I told her about my story about how I had to leave the job because of medical insurance, because they did nto want to pay me a salary unless I was on a project etc. The IO told me that it doesn't really matter how long have you worked with the sponsored employer *before* the GC approval, you are expected to work sometime *after* the GC approval or else it is considered as a fraud. Anyway, she mentioned to me that this alone could result in my deportation (boy I was almost about to cry at the time).
After all the formalities were over she asked me to write my story and sign it on a peice of paper and that was attached with the file. I also gave her a copy of the contract that my sponsoring company had sent me. She said she would want to go and talk to her supervisor and come back to me. After 10 minutes she came back and said that her supervisor thinks that since you had valid reasons for leaving your employer and you stayed in the same field, you probably did not have any intent of comitting a fraud to gain LPR status. Hence she is recommending my case for approval. I asked her how long it is for the oath and she said the file now goes for a secondary review. If everything is OK maximum 90 days. about 2 1/2 weeks later I got my Oath letter. May 30th I am scheduled for the Oath.
Hope this helps to someone who is in similar situation. I think it all depends on your circumastances. I think I was able to make the IO believe that it was not me who wanted to leave the job it was forced upon me. My use of words like, I had to choose between leaving my employer and being able to support my familiy ( I am a single income family) and put food on the table of my family and be able to give my wife a decent opportunity to give birth to our scond daughter and not run in huge debts, and I chose to find another job. I think it made her see that it was my situation that forced me rather than a choice.
Good Luck to you all. Hope you all get your N400 approvals soon.
Take Care
IMHO , pal_bay is in a much better position.
Johnnycash, are you a practising attorney?
BCIS would of course revoke the derivative petition as well, so how can the spouse become USC ? Your approach seems incorrect to me( I am no attorney, just applying basic knowledge)...
n400_issue, let us know what happens & how it goes.
Johnnycash, are you a practising attorney?
BCIS would of course revoke the derivative petition as well, so how can the spouse become USC ? Your approach seems incorrect to me( I am no attorney, just applying basic knowledge)...
n400_issue, let us know what happens & how it goes.
pal_bay (spouse) has already received N-400 approval couple of days back.
GC_Guru, I had applied to Laguna Niguel, CA which I believe comes under Santa Ana DO.
Take Care,
Thanks koolvik, it sure was a very big relief for me. Now hopefully the Oath ceremony also goes well and without a hitch.
Take Care,
Ok so I am freaking out reading this thread now.
We have not filed N400 yet. The original case in this thread looks like a cake compared to mine. I hope nobody minds that I "bump" this thread as it is an informative one and I am curious what new has happened since 2007.
So while we were on a visit here in 1999 we met a business owner, by a freak chance who was the same national. He ended up offering me a great job. We bacame very good friends and still are in a weekly contact. I took his offer. So me and my wife did an adjustment of status from tourist to H1B. It was advised by our lawyer to not leave. That right there is a red flag I know.
I started to work for him once we got the H1B. After H1B we filed for GC and EAD. About 2-2.5 years later (I forgot the actual dates I will have to dig it up) the company went from an amazing outlook and bright future, into a chapter 7 within a few months due to a major customer who was supposed to acquire us ended up being eaten up by a global company and thus left us. This was out of the blue.
70% of the business gone within 2-3 months, chapter 7 shortly after. They could not size back that fast and the overhead was huge. In addition the owners had issues with each other. At this time my EAD just got approved and my GC application was in there for about 2+ years. I had to take a much lower quality job in a different profession completely. In part due to the poor job market at around 2003. I knew this was going to be a problem but I could not use AC21 so my lawyer then told me to see and wait or go home. We got the GC in 2005 no RFE. I knew right then that this will be a problem later.
After that chapter 7 I decided I was going to do more studying while working and ended up changing careers completely. I went from business into aviation pursuing my old dreams. I am still in this line of work.
My only argument, in our favor is that at the time we have filed we really did have the intent to stay in that job, had it been processed in a timely manner I would have stayed in that job after GC. Heck, had they not gone out of business I sure would have never left them.
I think i am screwed beyond repair. Especially now we are thinking of moving to the middle east for a few years due to a possible job offer. The only thing holding back is to secure the US passport since I would rather not try to do the GC limbo back and forth from there. Eventually we will move back to the USA though. I certainly don't want to give up 10 years of our life and not get a US passport.
We have not filed N400 yet. The original case in this thread looks like a cake compared to mine. I hope nobody minds that I "bump" this thread as it is an informative one and I am curious what new has happened since 2007.
So while we were on a visit here in 1999 we met a business owner, by a freak chance who was the same national. He ended up offering me a great job. We bacame very good friends and still are in a weekly contact. I took his offer. So me and my wife did an adjustment of status from tourist to H1B. It was advised by our lawyer to not leave. That right there is a red flag I know.
I started to work for him once we got the H1B. After H1B we filed for GC and EAD. About 2-2.5 years later (I forgot the actual dates I will have to dig it up) the company went from an amazing outlook and bright future, into a chapter 7 within a few months due to a major customer who was supposed to acquire us ended up being eaten up by a global company and thus left us. This was out of the blue.
70% of the business gone within 2-3 months, chapter 7 shortly after. They could not size back that fast and the overhead was huge. In addition the owners had issues with each other. At this time my EAD just got approved and my GC application was in there for about 2+ years. I had to take a much lower quality job in a different profession completely. In part due to the poor job market at around 2003. I knew this was going to be a problem but I could not use AC21 so my lawyer then told me to see and wait or go home. We got the GC in 2005 no RFE. I knew right then that this will be a problem later.
After that chapter 7 I decided I was going to do more studying while working and ended up changing careers completely. I went from business into aviation pursuing my old dreams. I am still in this line of work.
My only argument, in our favor is that at the time we have filed we really did have the intent to stay in that job, had it been processed in a timely manner I would have stayed in that job after GC. Heck, had they not gone out of business I sure would have never left them.
I think i am screwed beyond repair. Especially now we are thinking of moving to the middle east for a few years due to a possible job offer. The only thing holding back is to secure the US passport since I would rather not try to do the GC limbo back and forth from there. Eventually we will move back to the USA though. I certainly don't want to give up 10 years of our life and not get a US passport.
This is in response to Normann's posting.
I don't think your case is screwed up beyond repair. However, it is not a straightforward case either. To say the least, you'll have a lot of explaining to do at the time of the interview if you don't run into RFEs before that point. I would strongly suggest getting in touch with a good lawyer. I am not sure where you are located but if you are in the North East, you could go for Sheela Murthy (www.murthy.com). Be forewarned that she can be quite expensive but she has an impressive record and is very good at what she does. Mind you, I am not connected to her in any way whatsoever. Of course, this is not to say that there aren't other good ones out there.
I don't think your case is screwed up beyond repair. However, it is not a straightforward case either. To say the least, you'll have a lot of explaining to do at the time of the interview if you don't run into RFEs before that point. I would strongly suggest getting in touch with a good lawyer. I am not sure where you are located but if you are in the North East, you could go for Sheela Murthy (www.murthy.com). Be forewarned that she can be quite expensive but she has an impressive record and is very good at what she does. Mind you, I am not connected to her in any way whatsoever. Of course, this is not to say that there aren't other good ones out there.
Jackolantern
Registered Users (C)
It is beyond repair. The green card was obtained improperly, because the sponsoring employer no longer existed, and there was no other "same or similar" job or job offer at the time of adjudication (thus no AC21 protection). The green card would have been denied if USCIS know about the situation at the time of adjudication.
Al Southner
Registered Users (C)
Guys,
I am trying to find out what Normaan did wrong in procuring his greencard. USCIS approved his GC even as the company that sponsored him was being eaten alive by sharks, he doesn't have any responsibility to report this issue to USCIS. I am yet to come across any law which requires someone being sponsored by a company in financial difficulty for GC to report this info. In my opinion, he has an explaining to do to the extent that he can, since he wasn't the CFO of the company, USCIS would be wrong to try to screw him for this issue which he has no absolute control over. I would encourage him to talk to a competent immigration lawyer to understand some blind spots which his sponsoring company created for him, but he is the victim in this situation who became the victor..GC holder...
I am trying to find out what Normaan did wrong in procuring his greencard. USCIS approved his GC even as the company that sponsored him was being eaten alive by sharks, he doesn't have any responsibility to report this issue to USCIS. I am yet to come across any law which requires someone being sponsored by a company in financial difficulty for GC to report this info. In my opinion, he has an explaining to do to the extent that he can, since he wasn't the CFO of the company, USCIS would be wrong to try to screw him for this issue which he has no absolute control over. I would encourage him to talk to a competent immigration lawyer to understand some blind spots which his sponsoring company created for him, but he is the victim in this situation who became the victor..GC holder...
Jackolantern
Registered Users (C)
Having no control over the situation doesn't always protect the applying immigrants.
For example, if a primary beneficiary awaiting AOS dies, their derivative spouse and children lose their eligibility for AOS, even though the death wasn't their fault. Now suppose the death wasn't reported to USCIS, and USCIS approves all their cards (assume they already did the interview when the primary was alive, or it was an EB case with no interview). If USCIS finds out about the death when they apply for naturalization, they would revoke the green cards, even though it wasn't their fault.
Fraud and fault is not the only reason for revoking a green card; there are issues of eligibility that can cause it to be revoked. If the sponsoring company goes out of business before GC approval and the individual did not find an AC21-compliant similar job at any time while the AOS was pending, that means the individual was not eligible for the EB green card, and USCIS would be right to revoke it if they found out the situation after approval.
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