The sponsoring employer breeched the contract

M

Maverick_MD

Registered Users (C)
back on 2007 I was sponsored by an employer who took advantage of the situation and paid me much less what we had agreed upon on the contract. I ended up leaving the place 5 months after approval of my green card.

As the time to apply for citizenship approaching, what is the best strategy to tackle that. some recommended to apply next year so the low wages would not show on my tax return
 
Well, you have some time to go before you can apply anyway. It's good that you are asking questions early.

To address your concern...It depends on a few more things.

Were you working for someone who was "doing you a favor" just to get a greencard? Would that employer have felt that way and treated you accordingly?

Were you sick lo being treated like a slave and just moved on?

Worst of all... Were you complicit in immigration fraud just to get a greencard? (Fake job, fabricated credentials, overstated labor cert application?)

Most folks would wonder about these things. How would you answer that person if that person was a USCIS Officer?

Think about it.
 
Thank you Bigjoe for your response, you sound you know what you are talking about.

Simply, I am a physician who was hired by a clinic that was not doing well, they got new competitors and ended up closing down later(almost a year after I left)

I had many choices but I chose the wrong place to join. I did not know this would be the case.
I moved on got further training (fellowship) and now I am working in a much better place.

Now, moment of truth, do you have any practical solution for my case? your input is greatly appreciated.
shall i abondon the idea of applying for naturalization?
 
Abandoning is a bit too extreme. On one side you were talking about waiting some extra time and now ... !!!
Unless you indulged in immigration fraud (one of the situations highlighted by Joe) in collusion with the said employer, you have a credible story. All you need to do is to lower the odds of discussion on this aspect, and this can be achieved by waiting. How long you wait depends on you. But having 5 years of tax records with no reference to your GC employer will be good. If you start counting the time from when you get GC, this counts the year of the GC, then 5 full calendar years, then time till April 15 when you file your taxes ... so basically 6-7 years. Again, you do not need to wait that long as nothing may happen ... it is just a comfort factor.
 
Thank you Sanjoseaug20, there are a couple of posts here when the applicants applied 6-7 years later and they asked them for Certified W2 return of the year they obtained their GC. The stake is too high, if they think I am a complicit in immigration fraud like BIGJoe suggested, they may revoke my GC.
what do you think?
 
It is not a question of what I think. It is a question of what the IO thinks, and how you can explain it, and partially a question of what actually happened. Even with an airtight case, there is a risk of a hostile (racist) officer ... you can control what you can, and after that you have to see if it is worth the risk. I believe the risk to be small at 6-7-8 year level, but finally it is your judgement in terms of whether you accept this risk or not.
 
Maverick_MD said:
Thank you Bigjoe for your response, you sound you know what you are talking about.

Simply, I am a physician who was hired by a clinic that was not doing well, they got new competitors and ended up closing down later(almost a year after I left)

I had many choices but I chose the wrong place to join. I did not know this would be the case.
I moved on got further training (fellowship) and now I am working in a much better place.

Now, moment of truth, do you have any practical solution for my case? your input is greatly appreciated.
shall i abondon the idea of applying for naturalization?
Click to expand...

Doc,

I have to ask... did you get a Physician specific EB-2 National Interest Waiver?

Failing to fulfill that required work or submitting less than sufficient proof would be a significant issue.
 
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