Do you have to be employed in same field after GC?

[bkd52]

Is it necessary to remain employed in the same field after GC?

I am an engineer. I got my GC 1 year ago through EB-3 category. I want to change careers and be a salesman (don't ask me why) and eventually start my own business. Will this be a problem when applying for citizenship?

[TheRealCanadian]

Originally Posted by bkd52

I am an engineer. I got my GC 1 year ago through EB-3 category. I want to change careers and be a salesman (don't ask me why) and eventually start my own business. Will this be a problem when applying for citizenship?

No.

[Participant]

Just a question.
If a guy (employment GC based )applies for naturalization has
1)He is continuosly present/filed taxes.
2)Never a public charge
3)Had emplyement history of only 6 months in his original related field with sponsor,2 years in
un related field,2.5 years with no emp.history(may have lived with relatives support).
what is the stance on CIS on point 3)(Since GC is emp. based)?Any links/experience/elaboration?

[hanging in here]

Originally Posted by Participant

Just a question.
If a guy (employment GC based )applies for naturalization has
1)He is continuosly present/filed taxes.
2)Never a public charge
3)Had emplyement history of only 6 months in his original related field with sponsor,2 years in
un related field,2.5 years with no emp.history(may have lived with relatives support).
what is the stance on CIS on point 3)(Since GC is emp. based)?Any links/experience/elaboration?

I have a similar question..
Is *continuous* employment a condition for naturalization for those who became a permanent resident based on emlployment? I ask this, because I often fantasize not doing any work for a year or two and travelling around (though I understand that I have to get back to the US every 6 mos).

[TheRealCanadian]

Originally Posted by hanging in here

Is *continuous* employment a condition for naturalization for those who became a permanent resident based on emlployment?

No. If your rich uncle dies you can never work again and be fine.

[lohith]

Originally Posted by TheRealCanadian

No.

So, if 1 yr + is enough to be employed in same/simialr professsion with GC sponsor; then how long one has to be employed in same/similar profession other than GC sponsor?

Does it matter at all, since being unemployed also allowed, if some one applies citizenship after 6+ yrs of PR ?

[pralay]

Originally Posted by lohith

So, if 1 yr + is enough to be employed in same/simialr professsion with GC sponsor; then how long one has to be employed in same/similar profession other than GC sponsor?

There is no such condition for being employed in similar profession.

Originally Posted by lohith

Does it matter at all, since being unemployed also allowed, if some one applies citizenship after 6+ yrs of PR ?

Not sure what you mean by "unemployed also allowed". In general citizenship does not have any requirement for being employed/unemployed.

[lohith]

Originally Posted by pralay

There is no such condition for being employed in similar profession.

My lawyer mentioned exactly like this

" Your Green Card application is based on a specific job title and job description as stated in your labor certification application. Failure to hold employment in this occupation after you obtain your permanent residency could jeopardize your green card. In most instances it is safest if you remain with the sponsorship employer for at least six months after you receive your green card (exceptions may apply)."
based on this, new PR just has to be in same/similar profession of LC, with ANY employer (safest is GC sponsor, but it's not MUST).

Originally Posted by pralay

Not sure what you mean by "unemployed also allowed". In general citizenship does not have any requirement for being employed/unemployed.

My Q is, during CZ processing, uscis does not even bother about 'unemployment' in last 5 yrs, then why uscis does bother about employment with GC sponsor? uscis should only be interested in profession based of LC !

[TheRealCanadian]

Originally Posted by lohith

uscis should only be interested in profession based of LC !

Why? AC21 or not, an employment-based GC is based on you working for a specific US employer (either your I-140 sponsor, or another employer via AC21) for a period of time. If you just want to work in a general field, then apply in one of the self-sponsorship categories that allow it.

[pralay]

Originally Posted by lohith

My Q is, during CZ processing, uscis does not even bother about 'unemployment' in last 5 yrs, then why uscis does bother about employment with GC sponsor?

Citizenship itself does not have any problem or requirement for employment. And when it comes to granting citizenship status, USCIS should NOT bother about employment with GC sponsor. However, there are certain trigger points where USCIS can start investigating the validity of the status on which a person gets his/her citizenship status (LPR status in this case). Citizenship application could be one of these trigger point, I guess. Or, some other way - like commited crime, commited fraud, complaint from someone (e.g. employer). If USCIS can prove that the persons GC is invalid, then it will affect citizenship status indirectly. But again, citizenship eligibility criteria itself does not have any requirement of being employment.

[lohith]

Originally Posted by TheRealCanadian

Why? AC21 or not, an employment-based GC is based on you working for a specific US employer (either your I-140 sponsor, or another employer via AC21) for a period of time.

Here, the situation is, one has to work in same/similar profession of LC, after obtaining PR satus for a while (6+ months ?).

One need not to work for GC sponsor OR specific Ac-21 employer(if invoked) OR unnotified subsequent AC-21 employers.

Technically, employer becomes 'AC-21 employer' if and only if the beneficiary's job duties are in same/similar profession of LC.

So, new PR can get away 'for ever' with LC's profession, GC sponsor/Ac-21 employer and any EB restrictions,.. etc after maintaing 6 + months safely. , Right ?

[pralay]

Originally Posted by lohith

So, new PR can get away 'for ever' with LC's profession, GC sponsor/Ac-21 employer and any EB restrictions,.. etc after maintaing 6 + months safely. , Right ?

"Get away" from what? Changing the intent (or giving up intent) after 6+ months (timeframe which is debatable) is not commiting crime/fraud (and then getting away with it).

[lohith]

Originally Posted by pralay

"Get away" from what? Changing the intent (or giving up intent) after 6+ months (timeframe which is debatable) is not commiting crime/fraud (and then getting away with it).

Not about crime/fraud; if it's a grave crime/fraud, FBI/USCIS acts immidiately. Otherwise during citizen proceesing.

My concerns are about
1. Changing Intent to continue to work for GC Sponsor /Ac-21 employers
2. Profession based on LC.

Getting away from
1. profession based on LC; according to Realcanadian, one can get way after 1 yr.

2. Employer - GC sponsor / AC-21 employer(official/invoked) (any time, even immediately after getting GC when 485 approved after > 180 days) as long as new PR employed in the profession based on LC more than 6 months (1 yr max).
AC-21 employer is just a variable/place holder, you can substitute ANY employer. Legally, ANY employer would be AC-21 incidentally and circumstantially, as long as new PR working in same profession of LC.

Even looking at Ac-21 cases, while 485 pending/approval, USCIS accepts READILY changing the Intent as long as employment is in same profession.

So, one can get away with "INTENT" issue as long as employment is in same profession.



According to my lawyer's opinion, new PR need not work with employer(orig/Ac-21) after 485 approval. The requirement is one has to be in same profession.

[TheRealCanadian]

Originally Posted by lohith

1. profession based on LC; according to Realcanadian, one can get way after 1 yr.

I've never said such a thing, nor did I intend to.

[Participant]

Will it create problem?
Interesting discussion.See thread:
http://boards.immigrationportal.com/...23#post1186323.