Risk for renewal a Green Card

[worrypal]

Hello all,
My background: F1 Visa – H1B visa – Green Card (employment based). I got the GC 10 years ago and it will be expired next August 2012. I plan to renew the card next February. I filed the tax return and paid the tax on time every year, no criminal record (only got a speeding ticket few months ago). Reading the forum, I just realize I have to inform the USCIS when I moved. During these 10 years, I moved many times and I don’t recall I have filed any form to them. I did file the change of address to DMV and IRS. Now, I start worry about my renewal of green card.

Questions:
1) If I file the AR-11 form now to report my current address, will it have a problem and cause the denial of the renewal? I think they will know I did not file the form in the past and I already moved to this current address 2 years ago.

2) Due to the increase of the rent of my current apt, I plan to move by next end of March, and at that moment, I have to inform the USCIS again, will they suspect me and affect the process? Should I wait for getting the replacement of the GC and inform them after that (since I will notice the USPS for change of address and there should have no problem to get the mails, if they send anything to me)

3) My SS card has a note “Not authorize to work” when I was a student and after I got the H1B visa, I thought I can work and so I did not care of the note anymore. Will it affect the renewal of GC process too as the USCIS thought I am not allowed to work?

4) Will the USCIS check my employment record with the salary requirement as there may have a problem. Does anyone know the actual procedure of the renewal from the USCIS’s side? For example, what did they check and what cause to deny the renewal?

I am so worried now as I read the instruction that once the renewal is denial, I cannot appeal of it. Sorry for so many questions and you can see I am a lousy person that I did not pay attention to the immigration laws and now causes a trouble when I find out I need to renew my green card after 10 years.

Any help and comments would be appreciated, thank you very much.

[Jackolantern]

1) and 2) You have nothing to worry about. Once you file the AR-11 to reflect your current address, they don't dig for past failures to file. When you move, just file it again, no problem.

3) That notation on the SS card has no effect on your eligibility renew your GC or obtain citizenship. It's just a warning to employers. But you should go to the SS office and show them your old card and GC, and request a new SS card without the employment restriction. The card will be delivered in about 2 weeks, and one benefit of the unrestricted SS card is that you can show it to employers (combined with your state ID or driver's license) instead of showing the GC.

4) They don't check that for GC renewal. If they're going to check that, it would be during the citizenship process. And usually it's only to check if you were employed by the sponsoring employer; I've never heard of them going as far as checking the salary. And on the citizenship application form they only ask for 5 years employment history, so it's very unlikely they're going to care about your employment 10 years ago. But why are you worried about the salary? Was it less than what's on the labor certification?

[worrypal]

Thank you Jackolantern!

I still work for my sponsored employer as a part time and had a big drop of the salary for long times, I am worried about the USCIS will question about that when checking the employment record and that's one of the reasons I don't apply for the citizenship, as I need to put down the current employer and submit the tax return, it may raise their attention for the salary that not agree with the labor cert.

By the way, I am trying to fill out the AR-11 online, it seems it is not a "must" requirement to put down the A#. Is it alright not to put down?

Thanks again.

[Jackolantern]

Was your salary OK in the first few months right after you got the GC? That's what would matter if they're going to check your salary. They won't care about your recent salary, because after you've worked for the employer for a little while after GC approval, you're free to take any other job at any other salary.

By the way, I am trying to fill out the AR-11 online, it seems it is not a "must" requirement to put down the A#. Is it alright not to put down?

It is a must for you, since you have an A#. If you don't provide it, that would make it more difficult for them to correctly link the AR-11 filing to you (and not get it mixed up with somebody else who has your same name). It's not a must for everybody else, because there are people in the US on various visas who don't have A# but they are still required to file AR-11. The AR-11 is not only for green card holders, it is for every noncitizen staying in the US.

...as I need to put down the current employer and submit the tax return, it may raise their attention for the salary that not agree with the labor cert.

You don't need to submit the tax returns for GC renewal. And you probably won't need them for applying for citizenship either, unless you have a history of unfiled returns or you took long trips abroad, or are applying for citizenship based on marriage to a US citizen.

[worrypal]

Thanks for the reminder that I need to put down the A# on AR-11. I did it online today.

Perhaps I misunderstood the lawyer that helped me to process the GC. I remembered I asked him what if the boss could not pay the salary that was required, was it alright. He told me that unless I leave the company; otherwise, I needed to keep that salary requirement. That's why I was so worried as the position and salary changed.

I have a curious question: I read some posts that many asked for how long they can leave with the sponsored employer, and most suggested work for more than 6 months. If one applies the citizenship in the 7th year after having the GC, and only 5 years of employment is required on the form. Even though they leave the company immediately after getting the GC, the employment history will not show that company with timeline on the form. How will the USCIS know if they have worked for the sponsored employer for a period of time? Will USCIS check the Employment Development Dept, which i think it is the only dept will show who employed you? Is the question make sense?

This forum is really helpful and thanks for the Law offices of Rajiv S.Khanna, PC. built it.

I think I may have more questions when I file the renewal of GC next Feb. and need to come back here. Thank you.

[Jackolantern]

I have a curious question: I read some posts that many asked for how long they can leave with the sponsored employer, and most suggested work for more than 6 months. If one applies the citizenship in the 7th year after having the GC, and only 5 years of employment is required on the form. Even though they leave the company immediately after getting the GC, the employment history will not show that company with timeline on the form. How will the USCIS know if they have worked for the sponsored employer for a period of time?

If the interviewer cares about that they'll just ask, and make a note of your answer. Then if they feel it's necessary they can verify your statements against other government databases or by contacting the employer. But usually they won't care to ask if they see that your listed employment history reflects that you've been employed in a "same or similar" occupation, because the AC21 law gives increased flexibility to change jobs.