Same old job change question

[MA_Labor]

I finally got my GC last month. Apart from the anxiety this long process has generated, most of us haven't seen much career growth during this entire period due to "same/similar job" restrictions. Although AC21 helped in changing jobs, but anything that deviated too far from the same/similar job interpretation was a sure no no.

Now I'm itching to change my job in order to set my career back on the growth/ development track. I have over 10 years of IT experience, plus an MS and MBA from very good US Universities, yet my recent jobs have been more in line with "Tech Lead" or "Software Architect" type roles. I have used AC21 twice but only sent AC21 docs to USCIS on the latter occasion.

So what happens now if I take up a position of "Director of Software Development" with a small size company? The position entails managing a team of about 25 software developers. Do any of you see a problem if I switch to this job … lets say 2 months after my GC approval? Since I've already used AC21 do I really need to stay with the current company in order to show good intent?

[Jackolantern]

It will be a risk to leave the job within just 2 months after getting the GC. However, the position you describe sounds like it could be enough of a big opportunity to be worth the risk.

Key factors to consider are:
- After filing the I-485, how long did you work for the original sponsoring employer (the longer the time, the more proof of "intent" to work for them)
- Before getting the green card, how long did you work for the employer you had at the time of getting the green card (similarly, the longer the time is the more proof of "intent")
- Will your current employer complain to USCIS (probably not, because they didn't spend any big money on sponsorship)? Assuming that they don't complain, your potential problem is at citizenship time.
- The longer you wait to apply for citizenship, the less they will be concerned about your employment at the time of getting the green card. Note that the citizenship application only asks for employment during the past 5 years (although I've read that the interviewing officer is instructed to ask about the situation if the original sponsoring employer is not on that list).

[Yankee_Boy]

Hi Jack,

You said at the time of Citizenship they look at last 5 yrs of employment. Should it be in the same industry? If somebody in computers works in management, or sets up a franchise, or joins a different job will that cause problems? Have you seen anything like that in the Citizenship forums?

[Jackolantern]

In the Adjudicator's Field Manual, there is a section about employment. Go to the web page below, then click the link to "Part 3 of the N-400".

http://www.uscis.gov/propub/ProPubVA...ce159d286150e2

Through An Employment Based Petition – An applicant obtained permanent residence through employment with a U. S. company. You should review the employment history section of the N-400 application to ensure that the I-140 petitioning employer is listed. If the petitioning employer is not listed, you should prepare questions to address this issue. Such questions might include:


– Did you ever work for the petitioner?

– How long did you work for the petitioner?

– In what capacity did you work for the petitioner?

– Why did you leave the position?

– What were you paid?

– Where did you work for the petitioner (location)?

– Where did you go or work after you left your job with the petitioner or instead of working for the petitioner?

– When did you first learn that there would not be a long-term position for you?

[Jackolantern]

Originally Posted by Yankee_Boy

Hi Jack,

You said at the time of Citizenship they look at last 5 yrs of employment. Should it be in the same industry? If somebody in computers works in management, or sets up a franchise, or joins a different job will that cause problems? Have you seen anything like that in the Citizenship forums?

They definitely don't expect you to remain in the same job or industry for the whole 5 years. They would only expect you to be in that industry for some time at the beginning of those 5 years, if the 5-year period begins right after you got the green card. But if you waited (for example) 9 years to apply for citizenship, the 5-year period would start 4 years after the GC, and they wouldn't expect you to still be employed in the same job or industry for those 4 years.

[Jackolantern]

See post 45 of this thread.

http://immigrationportal.com/showthread.php?t=245504

The poster left the job almost exactly at the time of getting the green card, and got into trouble at the citizenship interview for it. After explaining the situation on why he left the job, and providing supporting documentation for it, and after the officer talked to the supervisor, he ultimately got recommended for approval. Of course, given the trouble he got into, it could have gone differently if he got interviewed by a slightly tougher officer.

[Yankee_Boy]

Hi Jack,

Thanks for the excellent and exhaustive info. I've started going thru all of it and what you've suggested falls right into place.

As I read of all of this, I keep thinking that pursuing immigration to its logical end, i.e. citizenship and pursuing monetary and employment goals may not always go hand in hand. I guess it is the lucky few for whom all of these things just happen right. Working with an excellent employer, never getting laid off, fantastic career growth in the same profession. If for some reason, we change from the straight path, then I guess everything we did or do, becomes an issue that needs time and analysis!

I appreciate your reply. Thanks.

[mummiezed]

Originally Posted by Jackolantern

See post 45 of this thread.

http://immigrationportal.com/showthread.php?t=245504

The poster left the job almost exactly at the time of getting the green card, and got into trouble at the citizenship interview for it. After explaining the situation on why he left the job, and providing supporting documentation for it, and after the officer talked to the supervisor, he ultimately got recommended for approval. Of course, given the trouble he got into, it could have gone differently if he got interviewed by a slightly tougher officer.

Wow, what an atypical example: the poster did not work a single day for the sponsor after GC approval. Under the usual scenario, the job change occurs weeks or months after the GC approval. Therefore, this example is not only abnormal, but MISLEADING. And the paranoid are scared from making an aggressive career decision.

A free thinking non-paranoid life would definitely ignore such an example.
As far as I'm concerned, although I'm already making a US$10K/month excluding benefit/overtime, and have just got my GC, I would still consider taking advantage of, or even exploiting, my LPR status. If there exists a lucrative opportunity that requires me to switch job two weeks after my GC approval, I would never hesitate. I'm here to achieve financial independence, I'm not here to pledge dependence to USA. If success dictates my abandonment of the US residency, I'd be glad to toss my Green Card, a slap in the audacious face of Uncle Sam for his waste of my time with the unbearable bureaucratic delay in the LC/AOS process.

If you feel the contrary to what I said, you are probably a paranoid, always seeking security. In that case, I doubt you would feel any more secured even after achieving US citizenship: USC without the American Spirit!

[Jackolantern]

Wow, what an atypical example: the poster did not work a single day for the sponsor after GC approval. Under the usual scenario, the job change occurs weeks or months after the GC approval. Therefore, this example is not only abnormal, but MISLEADING.

It is not misleading. It is what is. I linked the whole story so you can draw your own conclusions for what it means or doesn't mean to you. The point is that you can be hassled about when you left your employer, and you should be ready and willing to deal with that. Some people mistakenly think that just because their friend got citizenship without being asked about their employment, that it will never happen to them.

I'm here to achieve financial independence, I'm not here to pledge dependence to USA.

If you go for US citizenship, you do pledge allegiance to the USA. But of course, nobody is forcing you to go for citizenship.

If you feel the contrary to what I said, you are probably a paranoid, always seeking security. In that case, I doubt you would feel any more secured even after achieving US citizenship: USC without the American Spirit!

There is a difference between being willing to take a risk and pretending there is no risk. People should be aware of the risks, and decide if they want to tolerate those risks. Some people want the security of citizenship so they apply immediately upon approaching the 5-year mark; if they are in need of that level of security, they should think twice before doing something that could cause trouble for their citizenship application.

[sara_noname]

I am not paying much attention to the heated arguement, Bottom line, my conclusion after reading various posts and attorney's chat transcripts is that changing job after 180 days or after 6 months of the GC approval is enough for Citinzenship requirement. And I am willing to do that instead of worrying about the future citizenship interviews.

What are your thoughts MA_Labor?

~Sara

[MA_Labor]

Thanks Jacko that's a lot of information. I guess it's upto in the individual to make a prudent judgement based on his/her circumstances.

Sara - Since you haven't used AC21, I would suggest you to wait at least 6 months before switching jobs.