Where is your friend?
My friend worked for company A and he got the green card from company B, both owned by the same management, after he got green card from company A, he worked for company B for 1 month and left, now he is planning to apply for citizenship. Do you guys see any problems with this? he asking me what should he answer if the IO asks why he left the employer within a month.
Appreicate any answers.
It is recommended, although not foolproof, that one does not leave the company for at least 6 months after GC approval. However, many new laws such as AC21 make this point moot.
Second, this working for 1 month situation - it primarily affects the green card rather than citizenship. Of course, the IO can check anything.
Last, even though it sounds bad, there is less and less incentive for CIS to go back and scrutinize papers unless they believe they can prove outright fraud. How do you avoid that perception? Hard but the following might help:
A) Do not file until 5 full years have completed since the GC was approved. CIS can discover a GC grant mistake and file to revoke the GC before the 5 year anniversary, but it becomes harder thereafter.
B) Also, why not delay filing until the employer B is completely off the books - that is 5 calendar years for which he may or may not be asked to provide transcripts should be after the calendar year he stopped working for this employer B. Is it really necessary, NO. But if he can not explain why he left the employer besides "another opportunity", this might help just a bit.
None of this is legal advice....
Wow! Thanks sanjoseaug20 . During the N400 interview do they check the employement history? I was under impression that citizenship to check the moral character of a person but anything can they check.
yes...sanjoseaug20 is right. USCIS does review your entire immigration history including GC and if it determines that there is a fraud, it can not only deny N-400 but also challange GC status...be careful...Have your document support handy
I just talked to my friend and he is really scared. He said he can get a letter from employer that he got laid off or something like that if it helps. I said i'm not sure and I asked him to google and see if there is any case like this.
I just talked to my friend and he is really scared. He said he can get a letter from employer that he got laid off or something like that if it helps. I said i'm not sure and I asked him to google and see if there is any case like this.
How long did he work for them between filing the I-485 and GC approval?
Yes, it can help if it reflects the true case...But be careful...do not try to create a document that did not exist before....such a "creativity" can get your into more trouble if created as a fraud. If he was really laid off, he/she should have employment termination papers. Many states require 60 or 90 day notices.
I am not expert but it sounds that you guys are being too pesismistic. It is my understanding that once the I-485 has been pending for 180 days you can change jobs.
Of course the only catch if that at the time the I-140 and the I-485 (if not filed concurrently) there was a bonafide offer to work for the company. In other words if the company was willing to employ him and he was willing to take the job when the application was filed, it should be a problem. If in the other hand he never intended to stay with the company that might be a problem. But then unless he had other offers open to him all the time I can not imagine how USCIS can show that he never intended to work for the petioner company.
Here are all the memos that uscis has pyublished clarifying this. Have you friend read them and see if that answer his questions. Or at least gives him peace of mind. And of course if his lawyer gives him some feedback, please come back and share it with us
http://www.uscis.gov/portal/site/us...toid=d7cef1aebb9f3110VgnVCM1000004718190aRCRD
This is what I found when on internet about leaving the employer immedietly after greencard:
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment.
OK, but how long did he work for them before the GC, while the I-485 was pending? That time between I-485 filing and GC approval affects the appearance of the intention to work for them as well as AC21 applicability.After receiving Green Card, he worked for that company for 3 months.
Nobody on this forum knows of any N-400 denials for leaving the employer too soon after the GC, whatever "too soon" means. Some people who left in less than a month were hassled in the interview because of it, but they still got approved.My friend and I was searching the forums to see if anybody got denied N400 because they did not stick to the company for 6 months.
OK, but how long did he work for them before the GC, while the I-485 was pending? That time between I-485 filing and GC approval affects the appearance of the intention to work for them as well as AC21 applicability.