Citizenship question-lost job before 180 days (AC21) of i-485 applied date

S

sam76

Registered Users (C)
Hi,
I lost job before 180 days passed after applying I-485.I still got green card 5 years ago. Its now time to decide if its safe to apply for my citizenship, i am willing to provide more details but I had to change my jobs and location in between too. Is it a risk for me to apply for citizenship because they will research my background and find out that my Green card was approved even before 180days passed (AC21 portability law) of submitting i-485
Thanks
Sam.
 
You should not worry. When you lost your job, your I-140 was not automatically rovoked. Even USCIS AC21 guidance is on your side. If you worry, do not apply for naturalization before the 5th anniversary.
 
If you made it to the 180 days without the employer revoking the I-140 (and obviously they didn't revoke it, because you got the green card), you'll be fine as long as you had changed to a "same or similar" job.
 
Jackolantern said:
If you made it to the 180 days without the employer revoking the I-140 (and obviously they didn't revoke it, because you got the green card), you'll be fine as long as you had changed to a "same or similar" job.
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What he might be implying is that he didn't get to 180 days, because the I-485 was approved before 180 days had passed, hence not triggering eligibility for AC21.
 
TheRealCanadian said:
What he might be implying is that he didn't get to 180 days, because the I-485 was approved before 180 days had passed, hence not triggering eligibility for AC21.
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I see. The letter of the law makes it unclear what would happen in such a situation, but I figure the spirit of the law would allow for changing to a "same or similar" job without jeopardizing the green card.
 
Hi
Thanks to everybody for the reply.Unfortunately I couldn't make it to 180 days. (applied april 2002, lost job july 2002.) but yes, my i-140, etc were never revoked and i got my greencard. I just hope UCSIS won't say that AC21 is not applicbale, (as 180 days have not passed, lost job too early for employment based greencard) and revoke my green card,in that case, i won't have citizenship and i am not sure what legal status i will be in.

incidentally in this economy, my currnet job may have lay offs too so i am actually wondering if i should apply citizenship-should i have to have a job by the time i get citizenship interview.
Thanks
 
sam76 said:
Hi
Thanks to everybody for the reply.Unfortunately I couldn't make it to 180 days. (applied april 2002, lost job july 2002.) but yes, my i-140, etc were never revoked and i got my greencard. I just hope UCSIS won't say that AC21 is not applicbale, (as 180 days have not passed, lost job too early for employment based greencard) and revoke my green card,in that case, i won't have citizenship and i am not sure what legal status i will be in.

incidentally in this economy, my currnet job may have lay offs too so i am actually wondering if i should apply citizenship-should i have to have a job by the time i get citizenship interview.
Thanks
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How many days it took to clear the I-485? If it was pending more then six months before geting approved you should be fine
 
number30 said:
How many days it took to clear the I-485? If it was pending more then six months before geting approved you should be fine
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One has to stay with the sponsor for the first 180 days after filing I-485 if I-485 last longer than 180 days.
 
WBH said:
One has to stay with the sponsor for the first 180 days after filing I-485 if I-485 last longer than 180 days.
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No, according to a USCIS memo if the sponsor doesn't revoke the I-140 it is not mandatory to stay with the sponsor for the full 180 days.
 
Thanks for your quick replies.I applied for i-485 in april 2002, received green card in july 2003. (about1 year 3 months-defintely more than 180 days). do i count the days from i-485 to finger printing? (that would be something like june 2003 i think, i need to look this up as i could have had to take finger prints twice as they expired)

Jackolantern - could you tell me if the USCIS memo stating this is the 2008 one? i appreciate the same

Thanks
sam
 
See http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf, question 10, for the answer about leaving the sponsor before 180 days. Note that it does not mean leaving before 180 days is safe, as question 11 points out that the I-140 is no longer valid if withdrawn before 180 days since the I-485 filing.

In addition to the "same or similar" criteria, the main deciding factor is whether the employer revoked the I-140 within 180 days of pending I-485, not whether you left the employer before or after 180 days.
 
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Thanks for the same. i will read the AC21 info.Yes, my sponsoring employer never revoked the application and I am so glad to know that.
i guess i am safe then?
 
yes
i found job in same or similar occupation-i was software porgrammer but took a non programming job but still in IT-hopped a couple of jobs in between too (not on purpose)
Is this ok
Thanks
 
sam76 said:
yes
i found job in same or similar occupation-i was software porgrammer but took a non programming job but still in IT-hopped a couple of jobs in between too (not on purpose)
Is this ok
Thanks
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It's a fuzzy area so that's why my advice is not to apply before the 5th anniversary. After 5 years it is almost impossible to revoke your green card.
 
sam76 said:
yes
i found job in same or similar occupation-i was software porgrammer but took a non programming job but still in IT-hopped a couple of jobs in between too (not on purpose)
Is this ok
Thanks
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Other random types jobs are OK, as long as you ultimately managed to obtain a "same of similar" job by the time your I-485 was being approved.
 
lazycis said:
It's a fuzzy area so that's why my advice is not to apply before the 5th anniversary. After 5 years it is almost impossible to revoke your green card.
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Is there a statutate of limitation for revoking the green card?
 
lazycis said:
After 5 years it is almost impossible to revoke your green card.
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"Almost impossible" is an exaggeration. It's not that hard to revoke a green card. It just gets harder after 5 years, because at that point they have to take you to court and cannot revoke it with a simple administrative process.
 
Jackolantern said:
"Almost impossible" is an exaggeration. It's not that hard to revoke a green card. It just gets harder after 5 years, because at that point they have to take you to court and cannot revoke it with a simple administrative process.
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Yeah, I was referring to this instant case. The difference is that after 5 years USCIS would have to prove that you are guilty. Before 5 years, you would have to prove that you are not guilty :)
 
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