Hi divasp,
1) "Can my Green card be cancelled if my previous employer tries to?"
If, as you say, you were laid-off, you are fine and you've nothing to worry about.
2) "What can I do to protect myself?"
Did you get written proof of the lay-off? If not, get one as soon as
possible. This would be a "Letter of Recommendion" from your
ex-employer, stating that the lay-off had nothing to do with your
performance. Click on the following link to see a sample letter.
Sample Letter
"Scott Smith worked for me at XYZ Technologies for three years, as a
senior technical instructor. I am writing this letter to confirm that
his recent layoff from XYZ was not in any way tied to his performance,
and to highly recommend him as an employee with your organization.
Had I been given the choice, I would not have laid Scott off. But it
was not my decision to make...."
http://jobsearchtech.about.com/od/letters/l/aa021400_ex1.htm
The ABC?s of Immigration: Immigration Issues Related to Lay Offs and
Corporate Downsizing
"For alien workers who have already secured LPR status, the impact of
being laid off is not much different from that of a US worker. The
alien green card holder would continue to be in lawful permanent
residency status while he or she looks for new employment. Many
immigrants who have recently obtained their green card status may be
rightfully concerned about leaving their positions too quickly after
getting permanent residency. The USCIS will sometimes accuse an
individual of not having appropriate intentions when they got
permanent residency. However, an involuntary termination of employment
will not trigger that type of problem. Also, depending on the
applicable state law, the alien LPR might be eligible for unemployment
compensation because he or she is lawfully present in the US and is
available and authorized to accept employment."
http://www.visalaw.com/05feb4/2feb405.html
That all said, the cancellation of your LPR status ("Rescission of
Adjustment to Lawful Permanent Resident Status") would not be a simple
matter because you are now a lawful permanent resident (rather than a
immigrant with a pending application). In order to cancel your LPR
status, the authorities must believe that you should never have been
granted LPR status in the first place.
Chapter 26 Rescission of Adjustment to Lawful Permanent Resident Status.
26.1 Adjudication Issues.
26.2 Adjudication Procedures.
"Rescission is a cumbersome process once required as a prelude to
initiating proceedings against certain lawful permanent residents."
"(a) General. A person who has adjusted status to that of an alien
lawfully admitted for permanent residence under sections 210, 240A,
(the former) 244, 245, 245A or 249 of the Act, or under any other
provision of law may be placed into rescission proceedings at any time
during the first five years after the granting of permanent residence,
if:
? USCIS determines that the alien was not eligible for adjustment of
status at the time that permanent residence was granted; and
? The alien would have not been eligible for adjustment under any
other provision of law.
In order to rescind an alien?s adjustment, he or she must be served
with a Notice of Intent to Rescind within five years of the date of
his or her adjustment."
http://www.uscis.gov/lpbin/lpext.dll/inserts/afm_redacted/afm-95-redacted-499-1/afm-95-redacted-7405?f=templates&fn=document-frame.htm
I was glad to work on this for you. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.
Thank you,
hummer
Google Search Terms Used: uscis green card laid off lpr cancelled |
Request for Answer Clarification by
divasp-ga
on
18 Jun 2006 09:16 PDT
So does it not really matter that I started my own business because
that would mean that I am not in the same role, I assume!
Also, I think my employer maintains that I was fired than laid off so
the employer is playing up and not willing to give me the letter!! Now
what? Hope "getting fired" vs. "getting laid off" doesn't make any
difference
|
Clarification of Answer by
hummer-ga
on
18 Jun 2006 09:49 PDT
Hi divasp,
LPRs can start their own businesses, that is not a problem.
In regards to getting fired, ask yourself why were you fired. Did you
suddenly stop doing a good job as soon as you received your Green Card
in the hopes that you would get fired? Have you been planning this
for awhile? Or was your intent with this employer honorable and
"above-board" from the start? USCIS is a stickler for "intent" and if
it comes down to it, it will be up to you to convince them that you
stuck by all of the rules, and with good intentions. Although
technically you are not doing anything wrong at this time, you must
ask yourself what was your intent at the time you applied for a green
card. Were you honest with your employer about your plans (did you lie
to him)? I'm not asking for the answers to these questions but rather
they are questions you need to ask yourself. Only you know what your
intentions were.
Regards,
hummer
|
Request for Answer Clarification by
divasp-ga
on
18 Jun 2006 15:45 PDT
While filing for the GC in 2001 my intent was to continue to work for
this employer forever. Almost 4-5 years later I was beginning to see a
change in the employer's behaviour with me. After consistently giving
me yearly raises, I was refused a raise. Despite being the single most
important market research/sales guy I was not being told of deals that
we got and the strategies that we were employing - I would be a part
of all these discussions earlier. My reporting structure was changed
to the other partner in the corporation who was incompetent and that
was an insult to me and many more things like that happened. Also,
2006, till now has not been a good year for business. I am a pretty
qualified individual (atleast in my opinion!) and to suddenly alienate
me and ask me to report to people who don't know anything obviously
gave me a bad feeling and then came the final nail in the coffin when
my integrity was questioned and I was (supposedly) fired for something
that I never did - forming a company while I was with them. But
apparently they had made their decision and it was irreversible. I
could have argued and convinced them but I saw that as an opportunity
to get rid of the pain I was going through and so when I was told I
was fired, I was fired!
So - there's the detailed story - now what do you think?
|
Clarification of Answer by
hummer-ga
on
18 Jun 2006 18:35 PDT
Thanks for that, divasp.
Here is what I think. Prepare yourself for the possibility that some
day (could be years from now) you will have to prove when you started
your business. You must have proof of some sort, like when you started
to pay rent for your office, when you became licensed or registered,
when you made out your first invoice, that sort of thing. Make copies
of everything you can think of and store the originals in a safety
deposit box. Next, buy yourself a spanky new notebook. In it, make a
sort of diary, beginning when things started to turn bad at work.
Write down everything you can think of, in chronological order, and
date them as well as you can. This is important, because over time we
all forget the little important details that can mean so much later.
Make sure to write down names, because you will forget them too. The
moment you hear that an enquiry has been started, hire an attorney,
actually, it wouldn't hurt to consult with one now. In the worse case
scenario, you could lose everything so don't fool around with it. It
would be nice if you could get a dismissal letter from your ex stating
why he fired you, but it would've been better to get it at the time.
If he does nothing, everything should be fine (don't you start
anything). Prepare for the worse and hope for the best. Welcome to
the good 'ole USA, I hope everything goes better for you from now on.
Sincerely,
hummer
|
Clarification of Answer by
hummer-ga
on
18 Jun 2006 20:25 PDT
Divasp, you and I have gotten so hung up on what your employer said to
you, that we have forgotten the obvious. As I'm sure you know, you
could've started a company years ago, it would've been perfectly
legal. What is important is that you not work for the company and
collect compensation for the work, but you could've owned a company
and received profits from it before you got your LPR status. So, from
what you've said, you've nothing to worry about, in regards to being
fired for starting a business anyway. I'm sure your ex-employer knows
that.
"In other words, a person on an H1B or other temporary work visa in
the United States is legally allowed to invest in any venture or
company and could possibly undertake some limited volunteer work on
behalf of the venture or company. However, the individual cannot work
indefinitely for that company and earn a salary without obtaining
prior approval from the USCIS or DOL to work for the particular
venture or company."
http://www.murthy.com/startup.html
Regards,
hummer
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