| Q. |
Re-org/lay off after GC
In March 2006 I started to work for company B that sponsored my GC.
B did consulting services for company A, that had the same owner. (Both < 20 empl.)
At the time of my appl. both companies were doing well, but later econ. problems occured. After my GC was approved 12 June 2007, they asked me to move to company A to be able to consolidate costs. I did from July 1, 2007. My tasks, work location and pay remained the same.
In August a big client laid of 900 people, and that caused cancelation and delay of contracts. They told me that they could not keep me past Oct. I left in mid Sept, 3 months after my GC was appr. for a new job.
My intention was to stay with company B (or A), but it was not possible.
Do you think this will cause issues when I apply for citizenship in 2012?
User's Location:
Denver, Colorado, United States of America
Category:
Employment-based Green Card
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| A. |
There really is no set rule or law that provides a minimum time period an individual must stay with the employer that sponsored the person for a green card after the green card is approved. The rule revolves more around intent and what the employer's and foreign national's intent was throughout the green card sponsorship process.
When an employer sponsors a foreign national for permanent residency, they are confirming their intent to employ that individual in that position if/when the green card is approved. In turn, the foreign national is confirming his/her intent to work for that company in that position of/when the green card is approved. (As opposed to using them for a green card)
In your case, it seems clear that it was the employer's intent to employ you and your intent to work for that employer. You cannot, however, control economic downturns or problems with the viability of the company. If they had to let you go because they were cutting back or shutting down operations, that is beyond your control and should not be viewed as a problem for your green card or future naturalization.
There should be no issues with your green card or naturalization down the road. You had no control over the company's downsizing or their need to downsize. I do not see any issues for naturalizing based on this situation.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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