N400: Question regarding loosing job less than 180 days after 485

[jamborees]

Hi,

Thank you for the answers for my previous question regarding: N400 question regarding: Changed jobs from Green Card Sponsor before getting Green card!

Now, I read a lot yesterday, and am getting even more scared.

Here is my worry:

My 140 was approved
I applied I485 4/23/2002
My GC sponsor company shutdown 9/2002 (less than 180 days after 485)
I found a job, waited for the 180 days mark, and joined 10/24/2002 (I have offer letter) - same job description
I did not inform INS
I got Green card 6/24/2004
I had to change jobs 7/1/2004 - I got another job, same job description

I searched a lot, but could not find a single case for sure where somebody applied N400 after loosing job <180 days after 485. There are some people who asked questions, but they have not confirmed what happened - they might have applied and got naturalized or they might have decided it is too risky and forgotten about applying N400.

Has anybody heard of anybody getting N400 under the same circumstances as mine?

Also, should I wait till 7/1/2009 to apply for N400 - if I wait, I do not have to mention about changing jobs on 10/24/2002. That does not prevent the Interviwing Officer from asking questions and finding out about me changing jobs on 10/24/2002, but I feel it is safer to apply on 7/1/2009 and not mention changing jobs on 10/24/2002 ...

Reading about AC21, my conclusion is:

GC is for a future job

AC21 provides flexibility to change to a new job (other than the one for which labor certification/140 was done) if 485 has been pending for >180 days

AC21 does not stipulate that one has to be with the original company for >180 days - it just stipulates that 485 has to be pending for >180 days

I had a similar job when I got my GC.

There was no fraud intention because my original company SHUTDOWN

Therefore, I should take the risk and apply.

Sounds OK?

Thanks,

 

[lazycis]

You should not be scared to apply. Because it was not your choice to leave GC sponsor, you did not violate the spirit of the EB-based GC legislation. USCiS AC21 memos confirm this.
If you want to be on the safe side, do not apply for N-400 before 5th anniversary of your GC.

 

[mails4nr]

I have a similar situation. Would like to know if you got any suggestion from anybody in the forum:

Now that I am ready to apply for my citizenship (employment based), I would like to get suggestions of the forum with the kind of situation I am in.

I filed for my 485 in Sept 2002 and in April 2003 was laid off by the sponsoring company. Never filed AC21. I got a RFE in March 2004 asking to provide financial details about the sponsoring company. My attorney advised me to send AC21 at that time. In July 2004 my GC got approved. Unfortunately, I had to change the company who filed my AC21 within 2 weeks as they decided to offshore their projects. I will be eligible to apply for N-400 in April 2009, but am not sure if I will have any complications as I left the sponsoring company just after 2 weeks of getting the GC. Is anyone aware of such a situation and if they have any suggestions for me.

I will greatly appreciate any suggestion.

 

[Jackolantern]

Also, should I wait till 7/1/2009 to apply for N400 - if I wait, I do not have to mention about changing jobs on 10/24/2002. That does not prevent the Interviwing Officer from asking questions and finding out about me changing jobs on 10/24/2002, but I feel it is safer to apply on 7/1/2009 and not mention changing jobs on 10/24/2002 ...

If that is your strategy, you should wait until 2010 or later. Applying on 7/1/2009 would still make the 5-year lookback window include the time immediately after your green card was approved. If the interviewer looks closely at your employment history, they will expect to see the sponsoring employer listed in the time frame shortly after obtaining your green card. So if you apply soon after your 5-year anniversary, the lack of the sponsoring employer in your 5-year employment history could still raise a red flag and cause them to ask more questions.

But if you lost your job before 180 days you are still protected by AC21 if you find another "same or similar" job and the employer does not revoke the I-140 before the 180 days. AC21 portability is really more about the validity of the I-140 and the employer's ability to revoke it, not so much whether you changed jobs before 180 days or after. Given that your green card was granted, it is practically certain that your I-140 was not revoked.

See the USCIS memo http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the
I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.