Supernet

Dear Experts,

My previous employer sponsored my green card for me in 1996. My job offered
after green card approval was supposed to be $50,000/year. In 1999, I left
my previous employer because their business was very bad. They continued to
sponsored my green card. I was told that it's OK to leave but I have to go
back work for them when I get green card. In late 2000, I got my green card
approved, but their business is still bad. At the same time, I got another
offer that was $150,000/year. Of course, I went for the money, heehee.

My question is: Am I OK to apply for citizenship after 5 years? I didn't
work for my previous employer but it was not my fault. They couldn't afford
to pay me by then.

Thank you very much!!

SundarV

You may have an issue depending on what was the basis for the Green Card. If you got green card on the basis of a future job in your former company, then you are in trouble. The reason being that the green card was given for a job in which you did not work. This would pose a problem when you apply for naturalization as one of the question they ask is your employment history. I am sure for everything there are some exceptions, but I do not know for this case. I would consult an immigration attorney when you apply for naturalization.

Sundar

Gerhard Fiedler

On Sun, 07 Sep 2003 23:11:59 +0000, SundarV wrote:
    >You may have an issue depending on what was the basis for the Green
    >Card. If you got green card on the basis of a future job in your former
    >company, then you are in trouble. The reason being that the green card
    >was given for a job in which you did not work.

is there such a thing as a green card linked to a job? i thought that
this was H1B and the like, and that a green card (i.e. permanent
residency) was independent of any job.

SundarV

There are different categories for Green Card. There is the exceptional researcher category, where the applicant says they are exceptional and should get green card irrespecitive of the job offer.

The second category is Green Card for a job because your can not find a US citizen to do the job. You either go through LC or I think RIR category. If you go through this category, your green card is for a future job with the company. There is always the discussion about how long should one stay in that job after getting Green Card.

Details of each category given here (taken from http://www.immigrationvisausa.com)

Extraordinary Abilities EB-1

People with extraordinary ability in the sciences, arts, education, business, or athletics, can qualify for a green card in order to come to the U.S. to work in their field of expertise.

Outstanding Professor/Researcher EB-1

There is a special green card category available to outstanding professors and researchers who have at least three years of experience in teaching or research in their field, and who have received international recognition for their work.



Exceptional Ability EB-2

People who cannot satisfy the requirements of the EB-1 extraordinary alien green card category, but who have exceptional ability in the sciences, arts, or business, can qualify in the EB-2 green card category for aliens of exceptional ability in the sciences, arts, or business. People in this category must, however, obtain a labor certification. An immigrant in this category must also have a "sponsor", a U.S. business, non-profit organization, or educational institution, which petitions for the immigrant.

Professionals and Skilled Workers EB-3

Professionals and skilled workers can qualify in the EB-3 green card category for professionals and skilled workers. People in this category must, however, obtain a Labor Certification. An immigrant in this category must also have a so-called "sponsor", a U.S. business, non-profit organization, or educational institution, which petitions for the immigrant.


Sundar
Standard disclaimer apply

Abrazos13

To whom it may concern:
Hi! I'm kind of new at this, but I had to put in my two cents. I was
kind of wondering about the green card linked to a job also? But I
think I've heard about it, and I'm pretty sure that unless you work
your time for that company you'll be denied citizenship. Is there a
written agreement with the company you didn't work your term with?
Because if there is you are bound to that contract. Sorry...

Gerhard Fiedler <[email protected]> wrote in message news:<[email protected]>. ..
    > On Sun, 07 Sep 2003 23:11:59 +0000, SundarV wrote:
    > >You may have an issue depending on what was the basis for the Green
    > >Card. If you got green card on the basis of a future job in your former
    > >company, then you are in trouble. The reason being that the green card
    > >was given for a job in which you did not work.
    >
    > is there such a thing as a green card linked to a job? i thought that
    > this was H1B and the like, and that a green card (i.e. permanent
    > residency) was independent of any job.

Abrazos13

To whom it may concern:
Hi! I'm kind of new at this, but I had to put in my two cents. I was
kind of wondering about the green card linked to a job also? But I
think I've heard about it, and I'm pretty sure that unless you work
your time for that company you'll be denied citizenship. Is there a
written agreement with the company you didn't work your term with?
Because if there is you are bound to that contract. Sorry...

Gerhard Fiedler <[email protected]> wrote in message news:<[email protected]>. ..
    > On Sun, 07 Sep 2003 23:11:59 +0000, SundarV wrote:
    > >You may have an issue depending on what was the basis for the Green
    > >Card. If you got green card on the basis of a future job in your former
    > >company, then you are in trouble. The reason being that the green card
    > >was given for a job in which you did not work.
    >
    > is there such a thing as a green card linked to a job? i thought that
    > this was H1B and the like, and that a green card (i.e. permanent
    > residency) was independent of any job.

Abrazos13

To whom it may concern:
Hi! I'm kind of new at this, but I had to put in my two cents. I was
kind of wondering about the green card linked to a job also? But I
think I've heard about it, and I'm pretty sure that unless you work
your time for that company you'll be denied citizenship. Is there a
written agreement with the company you didn't work your term with?
Because if there is you are bound to that contract. Sorry...

Gerhard Fiedler <[email protected]> wrote in message news:<[email protected]>. ..
    > On Sun, 07 Sep 2003 23:11:59 +0000, SundarV wrote:
    > >You may have an issue depending on what was the basis for the Green
    > >Card. If you got green card on the basis of a future job in your former
    > >company, then you are in trouble. The reason being that the green card
    > >was given for a job in which you did not work.
    >
    > is there such a thing as a green card linked to a job? i thought that
    > this was H1B and the like, and that a green card (i.e. permanent
    > residency) was independent of any job.

Abrazos13

To whom it may concern:
Hi! I'm kind of new at this, but I had to put in my two cents. I was
kind of wondering about the green card linked to a job also? But I
think I've heard about it, and I'm pretty sure that unless you work
your time for that company you'll be denied citizenship. Is there a
written agreement with the company you didn't work your term with?
Because if there is you are bound to that contract. Sorry...

Gerhard Fiedler <[email protected]> wrote in message news:<[email protected]>. ..
    > On Sun, 07 Sep 2003 23:11:59 +0000, SundarV wrote:
    > >You may have an issue depending on what was the basis for the Green
    > >Card. If you got green card on the basis of a future job in your former
    > >company, then you are in trouble. The reason being that the green card
    > >was given for a job in which you did not work.
    >
    > is there such a thing as a green card linked to a job? i thought that
    > this was H1B and the like, and that a green card (i.e. permanent
    > residency) was independent of any job.

Sylvia Ottemoeller

"SundarV" <[email protected]> wrote in message
news:[email protected]...

    > Originally posted by Gerhard Fiedler
    > > On Sun, 07 Sep 2003 23:11:59 +0000, SundarV wrote:
    > > >You may have an issue depending on what was the basis for the Green
    > > >Card. If you got green card on the basis of a future job in your
former
    > > >company, then you are in trouble. The reason being that the green card
    > > >was given for a job in which you did not work.

    > > is there such a thing as a green card linked to a job? i thought that
    > > this was H1B and the like, and that a green card (i.e. permanent
    > > residency) was independent of any job.

    > There are different categories for Green Card. There is the exceptional
    > researcher category, where the applicant says they are exceptional and
    > should get green card irrespecitive of the job offer.

There is no formal category "exeptional researcher." There are two
subcategories which are exempt from the requirement for a job offer,
"extraordinary ability" (part of employment first preference) and "national
interest waiver" (part of employment second preference).

    > The second category is Green Card for a job because your can not find a
    > US citizen to do the job. You either go through LC or I think RIR
    > category.

This is not a unified category. Most of employment third preference and
most of employment second preference requires labor certification as a
prerequisite to filing with BCIS.

The exceptions are Schedule A (requires job offer but no labor
certification) and national interest waiver (no job offer required).

If you go through this category, your green card is for a
    > future job with the company. There is always the discussion about how
    > long should one stay in that job after getting Green Card.

    > Details of each category given here (taken from
    > http://www.immigrationvisausa.com)

Here is one I like better because it is organized to follow the actual U.S.
law and regulations: http://www.americanlaw.com/employ.html

    > Extraordinary Abilities EB-1

    > People with extraordinary ability in the sciences, arts, education,
    > business, or athletics, can qualify for a green card in order to come to
    > the U.S. to work in their field of expertise.

This is part of employment first preference. No job offer is required for
this subcategory.

    > Outstanding Professor/Researcher EB-1

    > There is a special green card category available to outstanding
    > professors and researchers who have at least three years of experience
    > in teaching or research in their field, and who have received
    > international recognition for their work.

This is part of employment first preference. A job offer is required for
this subcategory (but no labor certification).

    > Exceptional Ability EB-2

    > People who cannot satisfy the requirements of the EB-1 extraordinary
    > alien green card category, but who have exceptional ability in the
    > sciences, arts, or business, can qualify in the EB-2 green card category
    > for aliens of exceptional ability in the sciences, arts, or business.
    > People in this category must, however, obtain a labor certification. An
    > immigrant in this category must also have a "sponsor", a U.S. business,
    > non-profit organization, or educational institution, which petitions for
    > the immigrant.

A job offer is required for all parts of this category, except that the
person in the category may qualify for exemption from a job offer because
the work is in the national interest, known informally as "national interest
waiver."

    > Professionals and Skilled Workers EB-3

    > Professionals and skilled workers can qualify in the EB-3 green card
    > category for professionals and skilled workers. People in this category
    > must, however, obtain a Labor Certification. An immigrant in this
    > category must also have a so-called "sponsor", a U.S. business, non-
    > profit organization, or educational institution, which petitions for the
    > immigrant.

A job offer is required for this category.

vlad

Are there any jobs in USA that pay $150 000 , maybe I should send you my resume , I can only make $122 000 with 14 years experience.