Quitting GC sponsoring employer and issue with Naturalization?

T

txwarrior

New Member
Quitting GC sponsoring employer and issue with Naturalization?
has any one had issues during naturalization if you quit your employer within 3 months of getting your GC ? No one seems to have a definite answer and there is no rule / law defined.

This is with EB2 employment based . I got my GC 2 months back and want to quit the employer in a month. is it safe to do without jeopardizing my Citizenship?
 
As you said, there is no definite answer.

Here is an opinion by Rajiv (this is his website/forum in case you are unaware), and I remind you, it's only his "opinion" and it seems to be a conservative one:

http://forums.immigration.com/threads/rajivs-opinion-on-changing-job-after-gc.142913/


No one can give you what you are looking for, i.e. a definitive answer and an assurance, it will always be a risk. Why do you want to leave in 1 month? Can you wait until next year? The reason being is you will have W2's that you can show for this year and next year. As an aside, I left my sponsoring employer 8 months before I got my green card. It did come up in my interview as an issue as my IO seemed to be leaning toward possibly denying me. Fortunately I had everyone in my family already approved and citizens and stated this came up in my wife's interview about my changing of jobs. I had faxed in the reply to her IO and she was approved. I had applied for an EAD (employment authorization document) and received it which allows moving employers, especially since it was taking so long to have the 485's approved. My IO didn't seem to understand what an EAD was. I recounted that to my IO and showed him my correspondence on that, to which he stated, "oh, so you wife is already approved" and I said "yes and so are all 3 of my adult children". When he read the correspondence, he said, "oh, it's all right here". He took my paperwork away to his supervisor and came back in 20-30 minutes and said we will review this and let you know. I was approved in normal fashion. I just highlight this as you just never know what can happen and what interpretation your IO may have. In my case, my company was acquired by another company and I said my job was eliminated (I won't say here if that's a true statement and leave you to guess) the point being is you need to be able to demonstrate genuine intent to work with your employer and have a valid reason for early departure. Good Luck.
 
"I left my sponsoring employer 8 months before I got my green card"

So didnt you invoke Ac21 or anything after you switched ? their problem was you got GC through the employer and you didn't even work for the petitioning employer right ?
 
I did not formally invoke the AC21, i.e. notify them that I switched employers before my 485 was approved. Instead and at that time what was advised and the preferred route was to apply for the EAD, which I did and received prior to switching jobs.

They approved my 485.

Not knowing exactly what his issue was during my interview was probably that I didn't invoke AC21. He didn't seem that familiar with the coverage of the EAD and how I used that to apply to my situation.
 
this is very helpful. i will take your advise and quit my job next year in January and save all proof paystubs for my employment. So the way they came to know you quit is with your g325 information or N400 form right ? thats the only place they would know that right ?
 
I would not be able to tell you all of where they would know you quit, but certainly and obviously I believe they cross reference your tax returns - I believe this is the case in my situation that they knew I wasn't with the original petitioning company.
 
i was told that if you apply Citizenship after 5+ years they dont care when you left your employer asw e only have to specify 5 years of employment history in N400 but from your history looks like you applied 10 years after GC and still they checked if you worked for the sponsoring employer which is very strange.
 
I have heard the 5+ years thing said before and have no idea what this is based on, but common sense and logic would dictate that even if you applied for citizenship after being on your green card for say 30 years is that they have to review on what basis you received your green card. I don't believe there is any "magical time" passing that invalidates that requirement.
 
You must log in or register to reply here.
Top