Employment history question

H

Hi Friend

Registered Users (C)
Friends,

I thought like post my EMP history here, because came up with couple of questions myself:

1:My employment history was ended with current employer at that time by
11/21/2002----laid off. So, I had last pay check with 11/21/2002

2:Then I went to Chennai for GC interview and Got it with Perm resident stamp on passport for 11/29/2002

3: Get back to USA & got job some time in march 2003, last week thru other employer.
what is the best thing to tell @ citizenship interview?
4:So, passport stamped as perm resident for 11/29/2002 & I sent citizenship
appl out on 07/09/2007, no abroad trips at the middle. I met 5 year continuos residency rule, I believe? ( I sent appl 2 months before, as this is also ok as everybody know)

5: At interview time did they check any W2's , tax returns & exact 5 year rule meeting conditions etc..? everybody go with all doc's and all of us know that. But my concern is, did IO really go thru any of these doc's really? anybody has that experience?

Thanx..
 
Hi Friend said:
Friends,

I thought like post my EMP history here, because came up with couple of questions myself:

1:My employment history was ended with current employer at that time by
11/21/2002----laid off. So, I had last pay check with 11/21/2002

2:Then I went to Chennai for GC interview and Got it with Perm resident stamp on passport for 11/29/2002

3: Get back to USA & got job some time in march 2003, last week thru other employer.
what is the best thing to tell @ citizenship interview?
4:So, passport stamped as perm resident for 11/29/2002 & I sent citizenship
appl out on 07/09/2007, no abroad trips at the middle. I met 5 year continuos residency rule, I believe? ( I sent appl 2 months before, as this is also ok as everybody know)

5: At interview time did they check any W2's , tax returns & exact 5 year rule meeting conditions etc..? everybody go with all doc's and all of us know that. But my concern is, did IO really go thru any of these doc's really? anybody has that experience?

Thanx..
Click to expand...

I don't think you need worry about that. If it comes up, you need to tell them why you did not work for the employer who sponsored you for the GC... if you still know them, a no-obligation letter from them should be enough. But chill man they will not bother about all this as long as you do not have problems with the law.
 
Hi All,

My friend had asked Rajeev Khannaji during the conference call about the similar thing.
She left her job which sponspored her GC within one month of her getting GC.
And she started working for company Y ever since then. She asked Rajeevji whether it wld be a problem. To which he replied, that he replied that it was no problem at all.
But I guess, it is worth bringing up the question again during next conference call.

Thanks,
akapoor
 
Hi Friend said:
4:So, passport stamped as perm resident for 11/29/2002 & I sent citizenship
appl out on 07/09/2007, no abroad trips at the middle. I met 5 year continuos residency rule, I believe? ( I sent appl 2 months before, as this is also ok as everybody know)
Click to expand...

Are you sure you got the dates right? You seem to have sent your N400 5 months before 5 years. The allowed limit is 90 days before 5 yrs, so you could only send it in first week of Sep'07. What is the 2mo period you are referring to?

What is the status of your N400? Have you got receipt? FP notice? Interview letter?
 
Hey,

Good catch..!!
But that is just TYPO. I sent it in first week of SEPT only..
So that is ..09/07/08...thanx..
 
Hi Friend said:
Hey,

Good catch..!!
But that is just TYPO. I sent it in first week of SEPT only..
So that is ..09/07/08...thanx..
Click to expand...

Ok. I guess you meant 09/07/07. :)

Anyways, normally there should be no problem with employment history. But, if I remember right, when you do CP for green card, the consulate might have asked you your employment status. I don't know if they note it in any form, since I myself didn't go through CP. What was your answer at that time? Does your N400 employment history reflects the same correct answer?
 
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akapoor said:
Hi All,

My friend had asked Rajeev Khannaji during the conference call about the similar thing.
She left her job which sponspored her GC within one month of her getting GC.
And she started working for company Y ever since then. She asked Rajeevji whether it wld be a problem. To which he replied, that he replied that it was no problem at all.
But I guess, it is worth bringing up the question again during next conference call.

Thanks,
akapoor
Click to expand...

Arent you expected by USCIS policies to work for employer sponsoring GC for a longer than one month duration? (even though USCIS does not explicitly state "how long")?

(AC-21 rules are after I-485 and before you get GC timeperiod)
 
At the time of adjudication, there was no job or job offer. If the green card was obtained via employment, I wouldn't be surprised if this naturalization application results in not only a denial, but also revocation of the green card.
 
I worked for the GC Employer only for 2 weeks

Hi_Friend,

I had worked for the GC Employer only for 2 weeks (from the date of approval) and during today's interview that was not even an issue. The only thing that the I/O asked form the Employment history was if I am still working for the last Employer listed on my application. Yes I was approved and am a USC today after the Oath.

I have been tracking the Employment issue for the last 2 years on the forum. I have not seen a single denial, infact I have only seen approvals. I understand that each application is different and so are the N-400 cases. So here are candidates who have similar issues (in the last 2 years) who go the Citizenship approvals, search for their posts and make an assesment yourself:
  • obongo
  • PR2001Cit2007
  • reddyrx
  • pal_bay (spouse)
  • N400_SNA
  • koolvik7 (me)

Following too have verys similar employment related concerns and most of them (if not all) are the USCs as well:
  • GC_mama
  • n2201
  • koolvik7
  • rajmash
  • ignorantperson
  • aybak123
  • waitingforins2
  • gc_guru
  • tigers07
  • vanlilly

Good luck and it should make you comfortable.... I don't thin you need to be concerned.
 
If they ask you, you should have some good response and other than that I don't think it is a problem. If it was a problem, they would have made a law stoping people to leave the company sponsoring GC.
 
GhantaBro said:
If they ask you, you should have some good response and other than that I don't think it is a problem. If it was a problem, they would have made a law stoping people to leave the company sponsoring GC.
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This is not a case of leaving the employer right after the GC. In this case there was no sponsoring employer at all at the time of adjudication. I bet the interviewer at the consulate didn't know about the (lack of) job situation.
 
Jackolantern said:
This is not a case of leaving the employer right after the GC. In this case there was no sponsoring employer at all at the time of adjudication. I bet the interviewer at the consulate didn't know about the (lack of) job situation.
Click to expand...

Correct me if I'm wrong, but is it necessary to be employed at all (much less by the sponsoring employer) when you are going through CP? Particularly for CP, there are chances that the applicant will not be working for the sponsor. e.g. Applicant could have been working for Sponsor X in the US but had to return to home country for some reason and is now returning to the US using GC thru CP. The gray area is whether the applicant should have a job offer at hand from the sponsor at the time of CP. The general understanding/expectation is that one should work with the sponsoring employer after GC, but I don't know if there are specific requirements for CP.

It's also not clear if 'HiFriend' has never worked for sponsor after GC, though it is likely he hasn't. Hi_Friend should be more concerned if he has given inconsistent/incorrect info at CP and N400.
 
Amicus said:
Correct me if I'm wrong, but is it necessary to be employed at all (much less by the sponsoring employer) when you are going through CP?
Click to expand...
Actual employment is not necessary. But for an EB green card it is required to have at least a job offer, unless it is a category that allows self-sponsorship. Apparently there was neither a job nor job offer at the time of approval. If the consular officer knew that, they probably wouldn't have approved the case.
 
Jackolantern said:
Actual employment is not necessary. But for an EB green card it is required to have at least a job offer, unless it is a category that allows self-sponsorship. Apparently there was neither a job nor job offer at the time of approval. If the consular officer knew that, they probably wouldn't have approved the case.
Click to expand...

Ok. That makes sense. I don't know how CP works, but if he had waited until he had a job offer, he would have been ok?
 
Amicus said:
Ok. That makes sense. I don't know how CP works, but if he had waited until he had a job offer, he would have been ok?
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If he had a job offer from the original sponsor, he would be OK. But for another employer, it's a gray area AC21 doesn't directly address CP (but maybe there is a memo or court case applying AC21 portability to CP?).
 
Jackolantern said:
If he had a job offer from the original sponsor, he would be OK. But for another employer, it's a gray area AC21 doesn't directly address CP (but maybe there is a memo or court case applying AC21 portability to CP?).
Click to expand...

Yup, way too many gray areas for ordinary people to make sense of all this. Family based immigrants have a much easier time compared to Employment based immigrants, who are exposed to all the vagaries of economy as well as immigration law.

Hi_Friend, you are probably better off seeking really good legal opinion. Hopefully there is some clause about CP that will make things work for you.
 
The names that I have provided earlier were the esteemed members of this forum. It is mixed bag with a few of them who did not work for their Employer a single day. Some did the CP, few used the AC21. I have not seen a single denial. Please search for the previous posts of the names listed, and of course you do have an option of taking a legal opinion.
 
koolvik7 said:
The names that I have provided earlier were the esteemed members of this forum. It is mixed bag with a few of them who did not work for their Employer a single day.
Click to expand...
Are there any who were EB applicants in categories requiring employer sponsorship, went for CP, had neither a job nor a job offer at the time of CP, and the interviewer questioned them on their employment history during the naturalization interview? We shouldn't be comparing situations that are fundamentally different from this one.
 
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