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Employment based GC & Naturalization

Employment based GC & Naturalization

Old Apr 5th 2001, 6:14 am
  #1  
Newcomer
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This question is regarding a friend of mine who is currently eligible to apply for
Naturalization.

This person got his PR through a firm in New York. After he got his GC, he did not
work for the company that sponsored him. Now that the time for his naturalization has
come, his lawyer, the one who had proceesed his PR process has told him that he will
have major problems in getting naturalized since he never worked for the firm that
got him his GC.

Is it true that there is a new law that says that one has to work for the sponsoring
firm for at least 2 years after getting GC? If any such law exists, is there any way
for this person to compensate for the situation or should this friend refrain from
applying for citizenship?
 
Old Apr 5th 2001, 6:25 am
  #2  
Raj
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Did he ever work for the company that sponsored him ?

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apply
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he did
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had
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that
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exists,
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this
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Old Apr 5th 2001, 6:38 am
  #3  
Newcomer
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in message

[usenetquote2]>> This question is regarding a friend of mine who is currently eligible to[/usenetquote2]
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[usenetquote2]>> for Naturalization.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> This person got his PR through a firm in New York. After he got his GC,[/usenetquote2]
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[usenetquote2]>> not work for the company that sponsored him. Now that the time for his[/usenetquote2]
[usenetquote2]>> naturalization has come, his lawyer, the one who[/usenetquote2]
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[usenetquote2]>> proceesed his PR process has told him that he will have major problems in getting[/usenetquote2]
[usenetquote2]>> naturalized since he never worked for the firm[/usenetquote2]
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[usenetquote2]>> got him his GC.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Is it true that there is a new law that says that one has to work for the[/usenetquote2]
[usenetquote2]>> sponsoring firm for at least 2 years after getting GC? If any such law[/usenetquote2]
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[usenetquote2]>> is there any way for this person to compensate for the situation or should[/usenetquote2]
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[usenetquote2]>> friend refrain from applying for citizenship?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
 
Old Apr 5th 2001, 6:55 am
  #4  
Sylvia Ottemoeller
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Newcomer wrote:

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No, no new law says any such thing. However, what the lawyer said was true, and it
has been true for a very long time. If a person immigrates based on a permanent job
offer, and never takes the job, or even if the person leaves the job soon after
getting permanent resident status, INS will suspect that the person committed fraud,
and did not intend to do what all the forms he signed said that he intended to do.

Such fraud may be the basis for rescinding the permanent resident status.

If any such law exists,
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The person should have a long discussion with the attorney, and perhaps get a second
expert opinion, and make his decision based on those expert opinions.
 
Old Apr 5th 2001, 5:59 pm
  #5  
Sergei Voronov
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Sylvia Ottemoeller wrote:

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What if a person worked for the sponsoring company 2-6 years while GC process was
on-going, and then left company after receiving the GC? What is wrong/unlawful in
such decision? In other words, are there any REGULATIONS written in DOCUMENTS that
regulate what might mean "soon enough"?

If there are no such regulations and/or no one knows any case like that, would we
stop talking about what is unknown?

Thanks a lot,

Serge.
 
Old Apr 5th 2001, 6:30 pm
  #6  
Joachim Feise
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Sergei Voronov wrote:
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[usenetquote2]> > If a person immigrates based on a permanent job offer, and never takes the job,[/usenetquote2]
[usenetquote2]> > or even if the person leaves the job soon after getting permanent resident[/usenetquote2]
[usenetquote2]> > status, INS will suspect that the person committed fraud, and did not intend to[/usenetquote2]
[usenetquote2]> > do what all the forms he signed said that he intended to do.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Such fraud may be the basis for rescinding the permanent resident status.[/usenetquote2]
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The regulations are that you have to do what you said you intend to do. If INS
suspects that you did not, you have the burden of proof. And the easiest way to show
that you indeed did what you said you would do is simply to stay with the company for
some time after you got the GC. Admitted, this is all quite a gray zone. However,
being bold doesn't help you if INS questions your decisions. Essentially, it all
boils down to common sense.

-Joe
 
Old Apr 6th 2001, 6:06 pm
  #7  
Sergei Voronov
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It seems to be possible to change employers after the AOS has been filed for

more than 180 days. And then- what? With what employer to stay and what could mean
this "soon enough"? This is just odd.

The common sence is a right choice, billions of "common sences" are out there. You
are right, it is geat to be honest with everyboby and keep promices. But it has
nothing to do with the meaning of "soon enough" and "some time". It is not a secret
that companies save a lot of money by underpaying their employees- GC applicants,
even though the pay is just right by INS regulations. A person might want to finally
start living after he/she gets GC, buy a house etc.- finally start living, a raise
needed. What if agreement is not reached with employer? Then- what? Continue being a
slave until this "soon enough" passes by?

So, why do we keep trying to suck ideas from a thumb?

Joachim Feise wrote:

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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Sylvia Ottemoeller wrote:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > If a person immigrates based on a permanent job offer, and never takes the job,[/usenetquote2]
[usenetquote2]> > > or even if the person leaves the job soon after getting permanent resident[/usenetquote2]
[usenetquote2]> > > status, INS will suspect that the person committed fraud, and did not intend to[/usenetquote2]
[usenetquote2]> > > do what all the forms he signed said that he intended to do.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Such fraud may be the basis for rescinding the permanent resident status.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > What if a person worked for the sponsoring company 2-6 years while GC process was[/usenetquote2]
[usenetquote2]> > on-going, and then left company after receiving the GC? What is wrong/unlawful in[/usenetquote2]
[usenetquote2]> > such decision? In other words, are there any REGULATIONS written in DOCUMENTS[/usenetquote2]
[usenetquote2]> > that regulate what might mean "soon enough"?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > If there are no such regulations and/or no one knows any case like that, would we[/usenetquote2]
[usenetquote2]> > stop talking about what is unknown?[/usenetquote2]
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Old Apr 8th 2001, 4:57 pm
  #8  
Ingo
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It indeed is odd. You can change jobs after 180 days if the AOS is still pending, but
you may not be able to change jobs right after the AOS is approved.

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A very good immigration lawyer I talked to a while ago told me that if you worked for
that employer for six years already, and then quit a month after the I-485 was
approved, then INS essentially has no case against you. If an overzealous INS agent
tries to go after you and asks the INS attorney to press charges, the INS counsel
would tell him that it's pointless (INS does have some internal checks and balances).

It all depends very much on the overall situation, like, why you left, how long you
worked for that employer, and whether you or the employer terminated the employment.

Of course, all that is a bit of a gray area.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old Apr 12th 2001, 10:40 pm
  #9  
Simson Alex
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Hello experts,

A F-1 visa was obtained with a I-20 from one school. Changed school and a new I-20 is
obtained. Is it possible to travel (and re-enter the US) with the F-1 visa stamped on
the passport based on the old I-20 ?

Thanks Simson
 

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