Got Laid off right after applying for I-485

H

hattrick

Registered Users (C)
Here's my situation

I applied for I-485, got laid of the following week. I joined another firm in a similar position within a month. My GC sponsor did not terminate the I-485 and an year later I got my GC. But at the time of approval I was not with the sponsored company.

Now after 5 years, I am elgible to apply for Citizenship, since I have to specify last 5 years of emplyment, it would be clear in N400 that I was not with the sponsored compnay at the time of approval. Will this be an issue? My lawyer adviced me to wait atleast one more year so that I do not have to list my employment beyond 5 years. All the immigration gurus please advice
 
when did you get your GC? (dat and year). If you did after 2001 I believe you are ok because ac21 was on then and it says if your i-485 is pending for more than 6 months you can switch employers.
 
I applied for I-485 July/August 2001 timeframe, but got laid off like within a month. And GC was approved September 2002.

Do you know of anyone in this forum who got their application rejected which led to GC revoke procedures. Thanks for youe reply.
 
I believe the OP said he got laid off immediately after filing his I-485 and so I am not sure if his case was pending for the 180 days required by AC21. I would say consult an experienced attorney before filing your N-400.

-KM
 
kagemusha said:
I believe the OP said he got laid off immediately after filing his I-485 and so I am not sure if his case was pending for the 180 days required by AC21. I would say consult an experienced attorney before filing your N-400.

-KM
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It does not matter, because GC is for future job. Being laid off does not menas company does not want to give you a job in the future, the most important thing is that aos was pending for more than 180 days.
 
The Bad news:
I believe if you switched jobs (Due to a lay-off or any other reason) before 180 days of filing the 485, then the AC21 does not apply. I believe this is inspite of the fact that the I140 was not withdrawn. This is my interpretation after reading the Adjucator's field manual on the USCIS website.

The Good news:
If its been over 5 years since you have had your Green Card, then its over the statute of limitations and the Immigration Officer cannot deport you or revoke the Green Card if it is determined that the Green Card was not correctly obtained.

In my case, I also got layed off, but it was about 6 months and 3 weeks after applying for my 485, so AC21 did come into play.

I would recommend that you consult a good lawyer who can accompany you to the interview and hope for the best. My application is pending and I will post my interview experience after it happens.... (And indicate if the AC21 issue did come up).
 
Disclaimer: I am just another N-400 applicant.

Obajaj,

Can you please post a link to or more details regarding the statute of limitations?
 
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immigrateful said:
Obajaj,

Can you please post a link to or more details regarding the statute of limitations?
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I did not look into the letter of the law, just browsed through the Adjudicator's Field Manual and read:
Chapter74.2(c)(1) - Date you became a permanent resident

(C) Immigration Status . In addition to the date on which the applicant acquired permanent residence, your file review should determine the basis upon which such status was gained. In reviewing this section of the application and questioning the applicant about his or her immigration status, you may determine that the applicant was not entitled to permanent resident status at the time he or she immigrated or adjusted status. If the applicant unlawfully acquired LPR status via an immigrant visa you can place the applicant in remov al proceedings. If the applicant unlawfully adjusted status in the United States and has been a LPR for less than five years, you can rescind his/her LPR status under section 246 of the Act (see chapter 26 of this field manual). If the applicant unlawfully adjusted status in the United States and has been a permanent resident for more than five years, a five-year statute of limitations prevents you from rescinding the LPR status under section 246. However, you can still deny the naturalization application under section 318 if the applicant did not lawfully acquire permanent resident status. You should also speak to your supervisor about placing the applicant in removal proceedings. [See sections 212 , 237 , 238 , 239 , and 240 of the Act and 8 CFR 239 and 240 .]
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Please note: This is not legal advice.
 
maybe realcanadian or ginnu can give you some light on it. I think th previous posters are wrong. uscis does not require you to sent paperwork for ac21. Most people does it when an rfe comes.
 
obajaj said:
The Bad news:
I believe if you switched jobs (Due to a lay-off or any other reason) before 180 days of filing the 485, then the AC21 does not apply. I believe this is inspite of the fact that the I140 was not withdrawn. This is my interpretation after reading the Adjucator's field manual on the USCIS website.



QUOTE]

This is not correct. If
1. i-140 was not revoked
2. i-485 was pending for more than 180 days
3. applicant had a similar jobat the moment of the adjustment ac21 applies
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AC21 Memo - As it relates to being layed-off.

I have attached a memo that I found on the USCIS website that caused me to be concerned in situations where a person is layed-off by their I140 petitioning employer.

In particular, question 14 of section I of this memo reads:

"Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated."
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What causes me concern is that when a person is layed-off, one may not already have a new offer of employment in hand at that time. What happens to the time during which one is layed-off and one actually gets a new offer?
Isn't that considered
"looking for “same or similar” employment at the time the I-485 is being adjudicated"
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Before anyone starts panicking, its probably important to remember that this memo was written in 2005, and consequently did not exist at the time most current natz candidates were availing themselves of AC21 portability. Rules and procedures are not typically applied retroactively.

I am not aware of a single case reported here, where the N-400 was denied on the basis of a job change occurring prior to I-485 approval. Certainly questions might be asked during interview, by as far as I am aware, thats about as far as it goes.
 
Thank you

Thank you all for valuable comments.
This is what my lawyer said about AC21
1. The company should not revoke the I-140
2. The case is not adjudicated until 180 days
3. The company still exists until 180 days.

In my case all the three apply so he said I could applu AC21, but he said If he was in my position he would not go for N400 right now but wait a few years out.

Attorney Murthy in her website also suggests that one can use AC21 even if they lose their job within 180 days. Thank you guys for all your input, please keep the discussion going if you encounter any new cases.
Also I would really appreciate if you can put back your interview experience, especially the person who is similar to my case.

Thanks again
 
hattrick said:
but he said If he was in my position he would not go for N400 right now but wait a few years out.
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I've been given the same advice, I've been wondering if waiting will only make the problem worse? I'm providing all 100% truthful information to the USCIS so it's not that I have anything to hide but USCIS has begun charging more fees and they are using the additional revenue to upgrade their systems, investigational abilities and to expand their reach to enforce things they've had to overlook in the past due to a lack of funds.

I am seriously considering ignoring my attorneys advice and apply right away. I will post here and let you know if and when I make a decision on that.
 
Hi immigratful,
What is your situation, when did you leave your company? Please keep us posted about your interview
 
hattrick said:
Hi immigratful,
What is your situation, when did you leave your company? Please keep us posted about your interview
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I was laid off in late 2001 and remained unemployed for about 6 months. I am over the 5 year mark and my employment history on the N-400 does not require me to list my petitioning employer any more. However I am not counting on that as the Adjudicators Field Manual instructs the IO to follow this line of questioning (chapter 74.2, Part 3: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d286150e2)

– 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?
 
Hi immigrateful,

When was your I-485 approved? Was it during the time you were unemployed during those 6 months? Can you post your timeline, so we get a better idea? Sorry, I don't mean to snoop, just to collect more information on the situation so it may help us all.

Thanks.
 
Hi immigrateful,

I agree with some earlier poster's view that at the time when most of us used AC21 to keep our Green Cards (late 2001, early 2002), there were no AC21 memos (or even any specific guidelines) that indicated that a person needed to be employed "on the day the I485 is adjudicated". The memos only came out much later (Post 2002 I think) that added in this clause.

So, how was a person to know that other than the following 3 conditions, there were any other specific rules?
1) I140 not being withdrawn, atleast for first 180 days of I485 pending.
2) I485 pending over 180 days.
3) New job is similar to former job (There were no guidelines posted on when this new job could/should start... Since the GC is for a "future" job, can one start "anytime in the future" for the new employer?).

Incidentally, does anyone know if there is a legal recourse to an N400 denial? Can such a decision be appealed or even challenged in a court of law?
 
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