was on bench while getting Gc

[jmj19]

Hi Friends
I am completing 4 years and 9 months after my GC in a few days. I have a question...
I was working for my GC sponsor company from1998 continuously till August 2001 until 3 months before my GC (Oct 2001) But I was on bench at that time until after GC too. Due to the downside in IT, I could not get placed after that anywhere by my company. (though I attended several Interviews) Meanwhile my company (A SW consulting minority owned small company) started moving to mobile technology and sent me for a couple of training, never was placed in any project and never received any salary after August 2001. But I did not officially resign the job nor the company fired me!

But latter due to family needs and also since I got fed up attending interview through my company I did not continue my job with them or anyone else till 2004.

Then after a break of 2 years now I am working as a Math faculty (my previous profession before coming to IT side) on contract with an online University.

Questions:

1. Should I indicate that I was on bench during the time when I got my GC

2. Will the break in my career affect my citizenship? (But I have continuously filed income tax joint with my husband though I had 0 income for 2 years)
3. Will that affect my spouse and children (all employed very well) citizenship?

Can someone help with your experience.
Thanks
Joncy

 

[boatbod]

Questions:
1. Should I indicate that I was on bench during the time when I got my GC

If I were in your position, I think I'd simply state the date you joined the company, and the date you formally left them. Why unecessarily complicate matters?

2. Will the break in my career affect my citizenship? (But I have continuously filed income tax joint with my husband though I had 0 income for 2 years)

No. Breaks in employment are not a problem - I had several, and USCIS never had any problem with it. Employment is not a condition for naturalization anyway, so USCIS could not deny you for that.

3. Will that affect my spouse and children (all employed very well) citizenship?

Don't see how it could. Provided your children have LPR (GC) and are physically present in the US, they derive citizenship automatically as soon as either you or your wife get your citizenship.

 

[jmj19]

Thanks - more clarification

If I were in your position, I think I'd simply state the date you joined the company, and the date you formally left them. Why unecessarily complicate matters?

What is date formallyleft them? I never formally resigned but attending a few interivews after that, when I get a call for interivew from my old office, but never got fixed in any projects. My last pay stub is in August 1st 2001, 2 months before my GC.

Also since as I had other family matters here in US and went to India a few times to take care of my old parents and , I did not care much about job at that time.

No. Breaks in employment are not a problem - I had several, and USCIS never had any problem with it. Employment is not a condition for naturalization anyway, so USCIS could not deny you for that.

That is nice to hear. Now I am very much relieved

Don't see how it could. Provided your children have LPR (GC) and are physically present in the US, they derive citizenship automatically as soon as either you or your wife get your citizenship.

My children and spouse got green card along with me and they are employed too. But my concern was as their GC was through mine through my company and I was on bench at the time of recieving GC, I was worried.

 

[boatbod]

Hmmm, I see the problem. Not sure what to suggest since it seems you can't really prove you were still on the company books after receiving your GC. Would it be possible to call the company and have them write a letter stating your termination date? (...obviously only worthwhile if the date is later than what you can already demonstrate.)

I don't get the impression that USCIS would revoke your GC since your application wasn't fraudulent, and you were working for the company until just 2 months prior to receipt of GC. Its a tough problem though, so I suggest you have two courses of action:
i. consult an immigration attorney
ii. consider delaying your application sufficiently that when you list 5 years employment history, you won't need to include what happened around the time your GC was granted. If you give USCIS less ammunition, they cannot shoot you as many times...

 

[jmj19]

Can my children and spouse apply now

You got my concern correctly. So I would wait for a while and then apply.
But can my spouse and children apply now? Would there be any connection with my bench period though they are now independent in applying?
Thank you agian!

 

[deepa321bapat]

Just get a termination leetter from your employer after GC approval. You will be fine.

Deepa

 

[jmj19]

Thanks

My company would surely give it. Can I get it only if they ask me in the interview.

 

[boatbod]

My company would surely give it. Can I get it only if they ask me in the interview.

Yes certainly, but be aware you only have 30 days to submit any additional documents requested during interview.

But can my spouse and children apply now? Would there be any connection with my bench period though they are now independent in applying?

Your wife would be an independent application, so she could apply now. Children under 18 do not have to apply - providing they reside in the US as LPR (GC) they become citizens when either the parents becomes a citizen.

 

[jmj19]

Thanks

Children are both above 18 now and both are employed. (They were minors when I applied GC, so they and my husband got GC through my company 5 years back.

 

[boatbod]

Children are both above 18 now and both are employed. (They were minors when I applied GC, so they and my husband got GC through my company 5 years back.

In that case they have to apply separately, but once again will not be affected by your own case's disposition.

 

[jmj19]

Thank you very much for the insight

Thank you very much for the insight friend!!!