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Any N-400 denied for leaving sponsoring employer too soon
- Thread starter nj_skm
- Start date
I've been looking around but haven't found any case where an N-400 got denied in EB category due to the applicant having left the sponsoring GC employer too soon after getting GC approved.
If you know of any such cases, please point me to that thread.
Thanks,
nj_skm
This is quite a debated issue but I am with you here. I have not seen a single denial as well, just approvals. I myself left my GC Employer after 2 weeks of the GC (which I gained after an interview with the IO). I recently became a USC (check signature) and not one question was asked by the IO about my GC Petitioned Employer.
Good luck.
I've been looking around but haven't found any case where an N-400 got denied in EB category due to the applicant having left the sponsoring GC employer too soon after getting GC approved.
If you know of any such cases, please point me to that thread.
Thanks,
nj_skm
Take it easy man.. people will say all kind of things, but there is no law that says you cannot leave a job within so many days after getting GC... if you have a valid reason to quit the job then even if they ask you, you should be alrite.
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Thanks, guys. That feels good.
Now for a more ambitious question: has anyone had the N-400 denied for having claimed unemployment benefits while on GC?
I think this is not that easy as there are provisions in the GC process that try to make sure that the person so approved does not later become a "public charge".
I was talking to a friend who said that it's ok to file for unemployment benefits if we get laid off after GC approval and that USCIS, DOL or IRS doesn't track this.
Is this correct?
Thanks,
nj_skm
Now for a more ambitious question: has anyone had the N-400 denied for having claimed unemployment benefits while on GC?
I think this is not that easy as there are provisions in the GC process that try to make sure that the person so approved does not later become a "public charge".
I was talking to a friend who said that it's ok to file for unemployment benefits if we get laid off after GC approval and that USCIS, DOL or IRS doesn't track this.
Is this correct?
Thanks,
nj_skm
It would have helped if you had given us an idea of how much you worked for your sponsoring employer. Anyway, unemployment insurance is not public charge. You funded and your company funded it through payroll deductions. You should be fine. Again, it would have been good for you to give an indication of what periods of time we are talking about.
Jackolantern
Registered Users (C)
If there is such a denial, it hasn't come to the attention of this forum. That's not to say there never will be such a denial.
However, there have been near-denials ... some on this forum reported being hassled at the interview for leaving too soon, but they were approved after speaking up to defend their position and after the interviewer consulted their supervisor.
However, there have been near-denials ... some on this forum reported being hassled at the interview for leaving too soon, but they were approved after speaking up to defend their position and after the interviewer consulted their supervisor.
If there is such a denial, it hasn't come to the attention of this forum. That's not to say there never will be such a denial.
However, there have been near-denials ... some on this forum reported being hassled at the interview for leaving too soon, but they were approved after speaking up to defend their position and after the interviewer consulted their supervisor.
Yeah well said Jackolantern. Going through that situation will be hell... so you should have a valid reason if they question you.
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Over the past two years, I can't recall hearing about a single denial for that reason. Sometimes people have been thoroughly questioned by the IO, but ultimately that doesn't seem to be one of the USCIS hot buttons. Usually denials are for break in residency or CIMT convictions.
Jackolantern
Registered Users (C)
For now, they don't care about it too much. But once the precedent is set (e.g. suppose somebody who left in 3 months gets denied and the court agrees with the denial), rest assured they will be following the precedent across the board and issuing denials left and right. However, I expect they will choose a more flagrant case to make that precedent (like leaving within 1 month post-GC, after working less than 3 months pre-GC for the sponsor since the I-485 filing).Over the past two years, I can't recall hearing about a single denial for that reason. Sometimes people have been thoroughly questioned by the IO, but ultimately that doesn't seem to be one of the USCIS hot buttons.
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The letter of the law means that working just one day after getting GC means you have filled the req of the application, so the 1/3/9 months stay is meaningless. You are fine.
Also unemp benefits are your right, after all you have paid for it when you were working.
Also unemp benefits are your right, after all you have paid for it when you were working.
Jackolantern
Registered Users (C)
Not so simple. If you attached a letter to your I-485 saying that you will leave the employer one day after approval, I guarantee your application would be denied.The letter of the law means that working just one day after getting GC means you have filled the req of the application, so the 1/3/9 months stay is meaningless.
CrossHairs
Registered Users (C)
The letter of the law means that working just one day after getting GC means you have filled the req of the application, so the 1/3/9 months stay is meaningless. You are fine.
.
Sorry if my statement sounds a bit harsh. But the above is totally wrong.
It is true that the INS as it used to be called then did not EXPLICITLY state the "number of months or days" that you need to be employed with GC sponsor.
However, by no rule of thumb will the above hold good should they choose to penalize you.
Attorneys advocate 6 months to a year as a reasonable rule of thumb to work with the GC sponsor.
Even if it is AC21 - I don't believe I have seen any one say anything about being denied for exercising AC21.
I have seen messages from people being nervous about it, but haven't heard of or read of anyone being denied due to AC21 or changing jobs soon after getting GC.
I have seen messages from people being nervous about it, but haven't heard of or read of anyone being denied due to AC21 or changing jobs soon after getting GC.
Not so simple. If you attached a letter to your I-485 saying that you will leave the employer one day after approval, I guarantee your application would be denied.
Certainly, because you would have demonstrated prior intent to leave your sponsoring employer. The key concept is that LPR is granted based upon a future offer of employment, commencing as soon as your application is approved. At the time of approval, you are supposed to be going to work for the sponsoring employer for an indefinite period. i.e. without prior intent to move on. Since it is impossible to accurately determine intent, there is currently a wide latitude given to those changing jobs after I-485 approval.
My situation is this: I invoked AC21 last october, after being in I-485 pending for 17 months. Obviously I didn't just wait for the 180 day mark to hit before moving. I did stay for a reasonable period.
The usual story. With EAD, I got a much better offer so I left. New employer is ready for AC21 support. Now with the employer for 7 months. However, it's a consulting company and they're doing pretty bad and I'm not sure if I should actually wait to get laid off. It'll be a smarter move to move before being let go.
Meantime, I got approved 3 weeks back. I can't ask for AC21 any more, now that I'm approved. However, moving after 3 weeks of approval might seem risky.
What is an advisable course of action?
The usual story. With EAD, I got a much better offer so I left. New employer is ready for AC21 support. Now with the employer for 7 months. However, it's a consulting company and they're doing pretty bad and I'm not sure if I should actually wait to get laid off. It'll be a smarter move to move before being let go.
Meantime, I got approved 3 weeks back. I can't ask for AC21 any more, now that I'm approved. However, moving after 3 weeks of approval might seem risky.
What is an advisable course of action?
Tricky, I don't know for sure, but it would seem to me that once you have invoked AC21, and you seem to have done it legitimately, you should be on the clear to leave the second employer. If my memory serves me well AC21 works like you are still continuing with your application for the first employer. I am not sure if it ties you up with your second employer. I could be wrong though. I would say that with current practice you should be pretty safe, but it might be great if you decide to change company that you do it in good terms and possibly get a letter from your current employer saying that business was slow and that business conditions were worsening because of the economy not being so good, something like that. However, you might be fine regardless. Nobody can say if five years down the road some politician tries to make an issue of employment based green cards and tries to make an issue of immigrants leaving their sponsoring employers soon. However, that sounds unlikely.
Jackolantern
Registered Users (C)
So either you (1) stay in the current job but risk the loss of income from being laid off, or (2) you can maintain a continuous income stream by accepting an offer soon but risk being denied citizenship (and possible GC revocation) 5 years later. There is no escaping of risk.My situation is this: I invoked AC21 last october, after being in I-485 pending for 17 months. Obviously I didn't just wait for the 180 day mark to hit before moving. I did stay for a reasonable period.
The usual story. With EAD, I got a much better offer so I left. New employer is ready for AC21 support. Now with the employer for 7 months. However, it's a consulting company and they're doing pretty bad and I'm not sure if I should actually wait to get laid off. It'll be a smarter move to move before being let go.
Meantime, I got approved 3 weeks back. I can't ask for AC21 any more, now that I'm approved. However, moving after 3 weeks of approval might seem risky.
What is an advisable course of action?
With the current legal landscape, (1) seems like a bigger risk. If you take choice (2), in 5 years you can research the legal landscape at that time. If you learn of cases where people in a similar situation were denied or had their GC revoked, you can avoid applying for naturalization. If you apply anyway, you can reduce the risk by waiting until the 6-year mark or later to apply, so it won't be so obvious that you changed jobs right after GC approval (the form only asks for 5 years of employment history).
Now the question is ... what will the legal landscape be like 5 years from now? A lot depends on who becomes president and who gets into Congress in this year's election and the 2012 election. If they appoint somebody to lead DHS or USCIS who is anal about everything and wants to score points with the anti-immigrant crowd, they might implement strict policies that result in citizenship denial or GC revocation in cases like yours.