URGENT Gurus , Please help

M

Maxwel

New Member
Hi ,

   I processed my Green card based on "Future Job" . I changed my job before the approval of the 140, but somehow managed to continue till the approval of 485(With REF ,replied with the employer who applied my 140). Now the same company says they can not offer me the job because of the market. What Do I do ? . What is the legal process by which I should inform INS/Surrender my GC ?.

Please advice.
 
No Title

You should be crazy to do something lke that, just ask them to put it in writing and send it to you. Just go about your business. No body ever checks where you work after you get your green card. Apply for citizenship after 7 years and you are fine.

Actually it is not problem that they cannot give you a job.
 
No Title

INS calls this immigration fraud.

Either be very careful, apply for citizenship in a way that INS does not learn about your job change (e.g. 5 years after your join your NEXT employer), or,
Just go back to your home country and give GC back.
 
No Title

Hi

      How could this be Immigration fraud?. Was there anything I did ? . Why should I loose 3 years of H1 I have because of their inability ? Is it not fair ? . There should be a way to submit the GC and stay back on H1 for the rest of 6 years ? . Am I not correct gurus ?.
 
You may be okay

Since you had the bona fide intent to work for the sponsoring employer at the time of approval of the I-485, I do not think this is immigration fraud. It would only be fraud if you knowingly lied about the future job.

I think you probably are okay to keep the green card. But I do think that you should talk to a good immigration attorney just to cover your bases and put your mind at ease.

Good luck
 
No Title

Hi

   I knew that there is a job for me before and till the approval. In fact , when a REF came, the company gave the letter stating that they have intention to hire me after the approval. But after the approval, I called them and asked about the joining date , and then only all this came up. I going to ask them to give me in writing whatever they decide. Will this be enough ?. Is there anything I have to do after this ?
 
No Title

If you had full intent to work for them and did not know that this is not going to happen, you may be OK.
If your sponsor really had the intent of hiring you back upon approval, even better.

If you get a letter from your sponsor that says something about very recent change in their intent and that they cannot follow through with their promise, this would be best.

If there is not easily obtained evidence that when you left your sponsor, you left for good, such as a lengthy contract with your current employer, "incriminating" termination letter etc. then you would have very little to worry about.

Anyway, to avoid any scrutiny, you should consider applying for citizenship (if at all) 5 years after joining your NEXT employer.

Current immigration procedures makes most of us feel guilty if not criminals. It is not fair.
 
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