Got GC without AC21 filing - Any Issues??

[Anand_Mishra]

Let see if anyone else in same boat.

My GC process was started by company X. I have been laidoff on mid 2008 after 5+ years of working with company X. I got job and joined new company Y late 2008 on EAD. My paralegal advised not to file AC21 and wait for USCIS decision. I got GC this month. Big relief after approx 10 years in US.

Any one is same boat? Should i worry? What will happens in these senarios for citizenship? Any sucessful N400 applicants, if still here. I am still in similar field but better title and pay.

[nelsona]

You have no problems. CIS doesn't have to RFE to see if you are still working for your sponsor. You would have been ready with an answer, but it was not needed.

None of this will impact citizenship.

[Anand_Mishra]

Thank you for response. I will findout in 5 years when i will file N400. I think USCIS has my old employer in thier file. Why to worry for 2014 RFE in 2009. Thanks.

Originally Posted by nelsona

You have no problems. CIS doesn't have to RFE to see if you are still working for your sponsor. You would have been ready with an answer, but it was not needed.

None of this will impact citizenship.

[Jackolantern]

If the employer didn't ask USCIS to revoke the I-140 after you left them, USCIS probably won't know or care that you changed jobs, except maybe when you apply for citizenship. And even then, once they realize the job change was compliant with AC21 ("same or similiar") they won't bother you about the fact that you didn't notify them while your I-485 was pending.

[mmed]

Originally Posted by Anand_Mishra

Thank you for response. I will findout in 5 years when i will file N400. I think USCIS has my old employer in thier file. Why to worry for 2014 RFE in 2009. Thanks.

USCIS will not care except for the last 5 years (the time after the GC)

[Anand_Mishra]

And that is problem. I got GC this month and not working for my sponsoring company since mid 2008 due to layoff. I will be eligible to file citizenship on 2014 after 5 years on GC. So USCIS will not see my sponsor employer name in their N400 form. So hopefully USCIS will issue RFE. Anyway, I have asked for EVL from current employer on joining date (late 2008) also just incase I need in future. I didn't file AC21 and now it's late. So moving on. I am not sure it's issue or I am creating one myself. After maintaining 10 years of H1/EAD makes you insane.

Originally Posted by mmed

USCIS will not care except for the last 5 years (the time after the GC)

[Jackolantern]

Originally Posted by Anand_Mishra

So USCIS will not see my sponsor employer name in their N400 form.

That's OK, just show that you actually did work for them for some time after filing the I-485, and mention that you changed jobs in compliance with AC21.

And for citizenship, they don't send RFE. If they have questions or want more evidence, they ask you in the interview or send a letter before the interview asking you to bring it to the interview.

[mmed]

Originally Posted by Anand_Mishra

And that is problem. I got GC this month and not working for my sponsoring company since mid 2008 due to layoff. I will be eligible to file citizenship on 2014 after 5 years on GC. So USCIS will not see my sponsor employer name in their N400 form. So hopefully USCIS will issue RFE. Anyway, I have asked for EVL from current employer on joining date (late 2008) also just incase I need in future. I didn't file AC21 and now it's late. So moving on. I am not sure it's issue or I am creating one myself. After maintaining 10 years of H1/EAD makes you insane.

Every one I know who applied for citizenship not exactly in the fifth unversiry of GC, some wait many months after that. It is not a problem anyway, and if you want to remove any doubts, just apply after 6 or 7 years after GC approval unless you want to vote in election early.

[Anand_Mishra]

Thank you for responses. As suggested, I may delay N-400 filing for year. Year 2015 still too far off to plan. I also got back dated EVL from current employer to justify the AC21, if required.