Can I skip some work related history in N-400? Need expert advise.. please help

A

Aakash28

Registered Users (C)
Hello experts,

I worked for my GC sponsoror for almost one year after getting the GC. After leaving my GC sponsoror, in couple of months I was able to find permanent employment with my current company. 6 months before I left GC sponsoror, I also started working as an independent contractor. I stopped working as an independent contractor almost 6 months after joining my current employer. My tax returns do include my income as an independent contractor (1099) along with W2s.

I do not wan't to overcomplicate things on my n-400. Will it fine if I just mention my W2 employees with a couple of months gap and not to mention my overlapping work as an independent contractor for almost a year. If asked during the interview I can mention that it was'nt continuous and ranged from couple of days to couple of weeks in the course of a year, else if the IO does'nt ask is there anything to be concerned about?

I am planning to file my application as soon as I receive your advise.

Thanks
 
It won't complicate things if you list it. The potential complication is if you don't list it and USCIS finds out.

Just write "part-time independent consultant" for the occupation with "self-employed" as the employer name. As a green card holder (or even EAD holder) you have the right to take side jobs* in addition to your main job, even if your green card is employment-based.


*assuming you're not violating a contract with your employer by having the side job(s) ... but even if it's a breach of contract, that's a civil dispute between you and your employer and USCIS doesn't care and it's out of their jurisdiction.
 
Thanks Jackolantern

Incase I mention my work as an independent contractor.. then what kind of questions should I get myself to be prepared for the interview.. and how should I answer them??

Thanks
 
Also, will mentioning 'Part time Independent Contractor' instead of 'Part time Independent Consultant' be OK. Or does it matter?

Thanks
 
I am still confused.. regarding the overlappin work I did. Here are some more facts about the work I did:

In 2007 I worked as a independent contractor on a project for almost 6 months (during which time I was also working for my GC sponsoror) and I received very little amount in 2007 for the work I did in 2007. Most of the amount pertaining to work I did in 2007 I received in 2008.

Also I continued to work as an independent contractor for the same client doing some on-and-off work on smaller projects for another 6 months in 2008.

So as far as 1099 is concerned I received one for 2007 which was very less than the one I received in 2008 (even though workwise it was vice versa). So that is why i am reluctant to add this to work history, beacuse I will have difficulty explaining the above.

I am wondering how will USCIS know about this additional work which was for one year only. Will they bother to go through my tax return.. I thought all they care about is whether or not you worked for your GC sponsoror after getting GC or not, and for how much time (which in my case is 1 year after getting GC)?

Incase the IO ask me about my substantial 1099 income besides w2 during 2008, then at that time can't I just say that I worked part-time contractor for a firm with work ranging from couple of days to couple of weeks at a time?

I have seen in the forum that IO getting confused about overlapping work mentioned in the n-400 app and over scrutinizing applicants. So, why mention it, just answer if they ask. And incase they ask why i did not mention it in the form.. I am thinking I will say just because the work was never continuous and ranged from couple of days to couple of weeks at the most.

Experts Please suggest..
 
There will be no problem with overlapping periods. Just disclose as Jackolantern suggested. I did the same on my N-400 form. I had independent work as 'self-employed' and I worked at the same time at a company. So I had overlapping periods. The issue never came up during my interview.

Best practice is always disclose everything truthfully and you won't be running into any trouble.
 
Aakash28 said:
Incase the IO ask me about my substantial 1099 income besides w2 during 2008, then at that time can't I just say that I worked part-time contractor for a firm with work ranging from couple of days to couple of weeks at a time?
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Yes that's OK. Chances are 95% they won't ask about it, and if they ask that explanation will be satisfactory. They should have enough sense to know that indepdent contactors sometimes have to wait months to get paid.

I have seen in the forum that IO getting confused about overlapping work mentioned in the n-400 app and over scrutinizing applicants.
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If it looks like you were holding multiple full-time jobs simultaneously, they might wonder if you made a mistake or are otherwise not telling the truth. But once you write "part-time independent consultant*", that will make it clear that it was just a side job.

You're worrying way too much about this. The reason they ask for employment history is to check the following:
(1) did you work for the sponsoring employer if the GC is employment-based
(2) did you have any unexplained long periods of unemployment
(3) did you work in any job that is only for US citizens
(4) did you lie by failing to list a job, or listing a job that you didn't work at

The only problem you have to worry about is if you DON'T list it and they find out. So just list it and stop worrying.


*I think "consultant" is better than "contractor" because many people outside of the corporate world associate "contractor" with people who do construction/home repair type of work.
 
Jackolantern:

You mentioned that officer looks at employment history if you worked for your GC sponsoring employer? I did not and my GC is employment based. I did stay in the same field (IT) though. My lawyer also says no one looks at if you worked for your GC sponsor and they are only concerned about being good moral character and stuff

What do you think? I am due to file my N400 this month.

Thanks,

Sun
 
Sun07 said:
Jackolantern:

You mentioned that officer looks at employment history if you worked for your GC sponsoring employer? I did not and my GC is employment based. I did stay in the same field (IT) though. My lawyer also says no one looks at if you worked for your GC sponsor and they are only concerned about being good moral character and stuff
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The naturalization interviewers may check if your GC was obtained legitimately. That includes checking things that were material to your green card process; for an employment-based green card that would include checking who you worked for and when you left them.

Some people (including on this forum - example: http://forums.immigration.com/showthread.php?245504&p=1675278#post1675278) have been asked questions in the interview regarding why/when they left the sponsoring employer. If your job change was AC21-compliant, either they won't ask you about it, or if they ask you it won't be a problem after you explain.
 
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Jackolantern:

Thanks. But that thread is a scary read.

So yeah I have been in IT industry through my H1B to GC to Current (programmer analyst to IT project manager to IT program manager).

So would you say if asked why I did not work for my sponsoring employer, I mention AC21 or speak in English... that I did leave the company but I was in the same field. Actualy I did not even leave the company, I was laid off a year before I got my GC.

Thanks again,

Sun
 
Sun07 said:
So yeah I have been in IT industry through my H1B to GC to Current (programmer analyst to IT project manager to IT program manager).

So would you say if asked why I did not work for my sponsoring employer, I mention AC21 or speak in English... that I did leave the company but I was in the same field. Actualy I did not even leave the company, I was laid off a year before I got my GC.
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They know what AC21 is. Before or during the interview, when they look through your employment history they should recognize if your job change was AC21-compliant, and if it was they usually won't ask anything about it. But if they ask, just say that when your GC was approved, you were employed in another similar job that satisfied AC21 (don't mention the layoff unless they insist on asking why you left).

However, if the originally sponsored job was programmer analyst and then you were a project manager when your GC was approved and never went back to programmer analyst (or software engineer or something like that), project manager might not be similar enough for AC21, which could be a big problem.
 
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My company calls everyone in IT as IT Professional. That is our official job title in HR.

N-400 only asks for last 5 year history, and I have been with the same company for last 6 years. So there would be only one line item with occupation - IT Professional
 
Sun07 said:
My company calls everyone in IT as IT Professional. That is our official job title in HR.

N-400 only asks for last 5 year history, and I have been with the same company for last 6 years. So there would be only one line item with occupation - IT Professional
Click to expand...

Job duties are what matters, not job titles (although job titles can give some indication of job duties). If your interviewer is picky and requests more details of your jobs, and they find out that your job at the time of GC approval was project manager (with the duties normally associated with being a project manager), you could have a big problem if the changes in your job duties were not AC21-compliant.

But most interviewers are not that picky about the job history.
 
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