CtizenShip Issue

D

defjam

Registered Users (C)
Hi ,

I got my Green Card in Aug 2002 via Consular processing (India) with company A. In Oct 2002 Company A merged with company B & in the process i lost my Job.In feb 2003 in got a new job with comany C with a simillar job description ias company A.

The citizenship app requires 5 year of working history.
Since I did not stay Long enough with company A (the comany which filed for my Green Card ), will this cause any issues during the citizen ship process.
Any red flags ?

Any feed back is greatly appreciated.

regards
Andy
 
To answer your question. First of all, let me ask you this....who is telling you that you need to have employment or have to have a job in the last 5 years. What if the market is bad. Having a job is not important, especially when you are not sponsoring for anyone else in the family. As long as you have maintained your residency in US and paid all your taxes on time, you should be all set. Now talking about sticking with the same employer even after getting your green card, doesn't make any sense to me. I said good bye to my company the next day after I got my Green card. Things weren't working out with them and I got a better offer with this other company so I moved on. I am waiting for my interview call. I recently finished a project and don't have anything going on at the moment. Does that mean they won't interview me or won't grant me citizenship because I don't have a job. Doesn't make sense to me.
Let me know if you have any futher concerns or questions where I can be of any help. Just relax. In short the more we think the more we get confused. I myself sometimes ask myeslf too many questions, what if I did that, what if I shouldn't have done that bla bla bla. You'll do fine. Good luck with everything. Nothing to worry about. :)
 
I don't fully agree with Atlanta_Brother. Your employment history does make a difference during the citizenship process if your green card was obtained on the basis of employment. The IO can look closer into your employment history to see if you may have obtained your GC (which is intended for future employment) with no intention of working for that employer. If you left your job because of circumstances you had no control over, that may be justifiable.

I don't think either of you can get into any kind of trouble (especially with the AC21 regulations which allow job change 6 months after I-485 filing). While this may not even come up during your interview it is still a good idea to be prepared to answer questions about your employment history.

-KM
 
CitizenShip Issue

Thanks for the reply.

I did not apply for I-485 since i took the Cosular processing route.
Having said this will the AC21 rule apply in my case?

My company A which sponsered my green card did provide me a letter of employemnt at the time of CP interview stating that the company needs my services even though the talks for merger were taking place.

I just wanted to make sure I cover my grounds if questioned.


Thanks
 
defjam said:
Thanks for the reply.

I did not apply for I-485 since i took the Cosular processing route.
Having said this will the AC21 rule apply in my case?

My company A which sponsered my green card did provide me a letter of employemnt at the time of CP interview stating that the company needs my services even though the talks for merger were taking place.

I just wanted to make sure I cover my grounds if questioned.


Thanks
Click to expand...
Basically if some one tells that in interview can not ask about employment
history,when GC was based on employment,is absolutely not right!.
Reason is that it is emolyement based GC and unless IO is not interested or skips that part in the application.
(See in some other thread,some one posted details of an 'internal manual'
for IOs to interview and Qs).
So think that you will be questioned.(Not only you any one who was based on employment GC shall keepin mind!).
Next,coming to your issue,
1)Yours is 140 and consular processing and with company A.
Here,
a)did you work any time with A before GC too?and
b) worked that 2 months after GC?
c)Do you have lay off letter from A or B after merger?
d)Are you continuing employment in the same arena?
If you have more of above items you are more safe and can convince more.
(That does'nt mean --every IO is so hard and unless you answer every thing
then only you are safe.Not all IOs may be so stringent but
be prepared with as much stuff as possible and you won't repent later--
shall be the principle).
So chart out your self and as per your condition there is not too much of red color in the flag but be careful in your docs..
2)If you wish you can take an advise of an lawyer before the interview.
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Not a legal advise. only Layman's opinion.
 
CitizenShip Issues

I did work for company A right from day 1 when the GC process started.
I did get lucky to get the GC since the company was merging & I was not sure about my job status.

I might have worked for little less than 2 months after I got my green card.
Not sure if I have the merger letter but I did get some severance & I guess I have some kind of documentation.

After I was liad off I did manage to get a job with another company & the nature of the job was pretty much the same.


Thanks for all this great feed back.
 
defjam said:
I did work for company A right from day 1 when the GC process started.
I did get lucky to get the GC since the company was merging & I was not sure about my job status.

I might have worked for little less than 2 months after I got my green card.
Not sure if I have the merger letter but I did get some severance & I guess I have some kind of documentation.

After I was liad off I did manage to get a job with another company & the nature of the job was pretty much the same.


Thanks for all this great feed back.
Click to expand...

Seems you are good to go for Ctzship.But keep all docs.ready.
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Not a legal advise
 
kagemusha said:
I don't fully agree with Atlanta_Brother. Your employment history does make a difference during the citizenship process if your green card was obtained on the basis of employment. The IO can look closer into your employment history to see if you may have obtained your GC (which is intended for future employment) with no intention of working for that employer. If you left your job because of circumstances you had no control over, that may be justifiable.

I don't think either of you can get into any kind of trouble (especially with the AC21 regulations which allow job change 6 months after I-485 filing). While this may not even come up during your interview it is still a good idea to be prepared to answer questions about your employment history.

-KM
Click to expand...

No offense to anybody here but the point I was trying to make was, not working with the same employer right after you get your green card is not an issue at all. Why I say that is because there could be several reasons. You decide to move to a different city or state. You get a better offer from some other company. The company you are working for has a consulting business and right after you get your green card, they don't have any projects available for you, they are making you sit on the bench without any pay. You then decide to move on and seek other possible opportunities. I have to agree that your intentions should be right. In short, there is no such written law that if your GC was employment based and you did not continue working for that company for a given period of time, the USCIS will revoke your GC. The company who sponsered your GC and invested their time and money could make you sign some kind of bond before they apply for your GC to make sure you don't leave them. Now this is between you and that company. I hope I was clear.
 
Atlanta_Brother said:
In short, there is no such written law that if your GC was employment based and you did not continue working for that company for a given period of time, the USCIS will revoke your GC.
Click to expand...

While its true there is nothing in 8.CFR that specifies how long you must work for a sponsoring employer, there is a reasonable expectation you will work for them for some at least some period - after all, the whole point of labor certification and employment-based sponsorship is to fill a position that cannot be filled by a USC or existing LPR.

When an IO gets a person who did not work for their sponsor, all sort of red flags go up, and it is the IO's responsibility to ask questions to make sure the original GC application was not fraudulent. Obviously there are many valid explanations why this might happen, but nevertheless, the IO is duty-bound to ask. The USCIS Adjudicator's Handbook specifically points this out:
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? ​
 
defjam said:
I might have worked for little less than 2 months after I got my green card.
Not sure if I have the merger letter but I did get some severance & I guess I have some kind of documentation.

After I was liad off I did manage to get a job with another company & the nature of the job was pretty much the same.
Click to expand...

he did NOT leave the company - he was laid off!
So he intended to work for them and it was not his fault that he could not continue... If there is a proof of this 'laid off' -it should be good enough reason for leaving the company early...
 
In my case I got my GC in May 2001, in Feb 2006 I left as my project got over and my sponsoring company was unable to get me another assignment and stopped paying me. However I do not have any letter from them saying they are laying me off. I'm now with another company doing similar work

Will this cause a problem ?
 
dandan123 said:
In my case I got my GC in May 2001, in Feb 2006 I left as my project got over and my sponsoring company was unable to get me another assignment and stopped paying me. However I do not have any letter from them saying they are laying me off. I'm now with another company doing similar work

Will this cause a problem ?
Click to expand...
Seems You have worked with same employer quite long from 2001 to 2006!!.
Right?
You have your W2s at best and you do not need a letter.
Absolutely no problem foreseen on this front.
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Not a legal advise.
 
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