N400 question regarding: Changed jobs from Green Card Sponsor before getting Green card!

J

jamborees

Registered Users (C)
Hello!

I am new to this board, but not new to immigration portal.
I was an active user during my green card process, and now am back, because I am filling in N400!

My Green card sponsor started my GC application process in 2000
I got my EAD in 2002
Then my GC sponsor company shutdown
I started working in a new company (with EAD) in 2002
My original GC application went through, I never applied for new GC, and I got GC in 2004 June

Question:
N400 asks for past employmeny history.
If I fill in N400 in Apr 2009, I have to give history as back as Apr 2004
In Apr 2004 I was working for company called XYZ
My employment detail will look like this:

Company XYZ from 2002 to JUN 2004

Will USCIS find this as a problem that I did not work for my original GC sponsor while my GC application was going on and getting approved?

I did change campanies in JUL 2004. Therefore I can decide to wait to send in my application in JUL 2009. Then I do not have to give this information about company XYZ. I can say:

Company ABC from JUL 2004 to JUN 2005

Do you guys think I MUST do this?

Thanks for your thoughts in advance.
 
Last edited by a moderator:
I dont think you have anything to worry about. The company you worked for SHUT DOWN. Just tell them that if they even ask you. Please do not even try to hide or misguide the officials
 
You must list all employment playes in last 5 years.
Changing employers before you receive GC is usually not an issue, especially if you remained in the same line of work.
 
One of my friend's story like Jimbooree's.....


He had Worked for the same employer ABC (the employer had other companies too) since October 1996 to 2005 May.


He entered USA on H1B in 2000 through company ABC - filed tax for 2000 - W2 of ABC.

ABC - opened another company by end of 2000 and moved lot of employees to new company XYZ through ABC H1B TO XYZ H1B. In 2001, the XYZ renamed to CC1 (subsidiary of xyz) and continiously worked till May 2005 ( filed taxes - received pay checkes and W2 from XYZ).

The employer processed his GC though labor transer (belongs to ABC) & got his approval in August 2004.
Note: the employer did not file AC21 for my friend..since he was with them and working for XYZ and received his pay checks through xyz..till his resignation in May 2005.

Since my friend was working at various client sites, he came to know later that, the company ABC had been shut down by the owner before the GC approval (somewhere around Nov 2003 :( ). The employees were not notified on that....:( took so much salary cut..during the phase of GC from the employer! too... )

His questions are :
1.How can he capture the employment details. ( He heard that ABC and XYZ are two different company..but the employer is same). He was with the same employer for many years...after his GC worked around 9 months.
2. Do you see any problem in getting citizenship? Can he wait till 2010..to file his citizenship?
 
afer his resignation with company XYZ...he is with different employer since June 2005 to till date....
 
may2009 said:
The employer processed his GC though labor transer (belongs to ABC) & got his approval in August 2004.
Note: the employer did not file AC21 for my friend..since he was with them and working for XYZ and received his pay checks through xyz..till his resignation in May 2005.

Since my friend was working at various client sites, he came to know later that, the company ABC had been shut down by the owner before the GC approval (somewhere around Nov 2003 :( ). The employees were not notified on that....:( took so much salary cut..during the phase of GC from the employer! too... )
Click to expand...
It is not necessary to file AC21 paperwork in order to benefit from AC21 portability. If the job he had at the time of GC approval met the AC21 "same or similar" criteria, it doesn't matter that the original sponsor shut down.
 
Thanks Jack. how to capture his employment history after GC for ABC?.

ABC - 2000
XYZ (group company of ABC?? since same employer)- 2001 to June 2005

like this....
 
I would just like to point that AC21 applies only if six months have gone by during I-485 phase. I am pretty sure it wouldn't apply at labor certification or I-140 phase. When did your sponsoring company closed, while you were at I-485 phase for six months, or before that?
 
The company shut down during I-485 stage around Nov 2003..after he got his I-140 approval in 2002 Aug.
 
I am in similar situation. I have resigned from the sponsoring employer before I-485 approval but way after 180 days past. Worked total of 5 years for the sponsor but I have been moved to a position which would have required lots of travel and would have left me unable to take care of my family. I have never submitted any documentation per the lawyer's recommendation and honestly I do not remember if I received any RFE back then. My GC got approved so did my derivatives.

On N-400 I listed only the company I've been working for since then. We'll see if I'll get hammered on the interview. If I get denied and they decide to revoke my GC (you never know :eek:) we have already decided that we'll move back to the EU.
 
I think most AC21 cases go through interview without any hiccups. I personally don't remember any post about any significant trouble. I guess the rule of thumb is not to volunteer information and just limit to answer the questions from IO. If the IO doesn't ask you about the employer that sponsored your GC in the first place I don't see a need to go out of your way to volunteer this information.
 
I used AC21 and switched employer after 6 months of getting GC. I passed my interview and having Oath tomorrow. During the interview I was asked the current employer name thats all. I posted my experience here
 
Thanks Jack, Hura & TX resident.....for your inputs.

Shall I ask him to proceed to file his N-400 with listing out employment details and mention abc & xyz are the same owner Note: after his GC he did not work and company also shutdown before the approval.,,through abc? will this create a problem....
 
may2009 said:
Shall I ask him to proceed to file his N-400 with listing out employment details and mention abc & xyz are the same owner Note: after his GC he did not work and company also shutdown before the approval.,,through abc? will this create a problem....
Click to expand...
Are you saying he did not have a job or job offer at all at the time of GC approval? If that is the case, that would indeed be a big problem.
 
Guys:

Be prepared to answer, 'Why did you leave your sponsoring employer ?' I was asked this question during my interview
 
Be prepared to answer, 'Why did you leave your sponsoring employer ?' I was asked this question during my interview
Click to expand...

... and my answer will be:

"My project was shut down due to financial reasons and I have been moved to a position which left me unable to care for my family."

If the IO wants to reject me he/she will always find a reason no matter how small it is.

I am confident that I have played by the rules and I have never looked into ways to "beat the system" and gain benefits.

If this is not good enough for the officer than something is wrong with the system and I'm just gonna go on with my life.
 
Jackolantern said:
The N-400 only asks for the last 5 years of employment.
Click to expand...

Jack, my friend was always on the job...never been on bench. He was working with xyz (for the same proprietor ...he had multiple companies) after he got his GC...he was the same proprietor for 9 months and resigned and moved to another company.
 
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