Ok...I want to put this to rest. My friend left his sponsoring employer within 1 week of GC.
Yes you're wrong. It is a very weak argument, not a strong one. The guy wasn't even asked about his employment. If he had been asked, and the answer was accepted without resistance or further evidence, that might have supported his point. And even then, one single IO's disregarding it doesn't mean every other IO will be similarly unconcerned.May be it does not 'put it to rest', but it is a strong argument in favor of one's opinion, while your funny message seems completely irrelevant to me. Am I wrong?
Some of the IOs do ask, and there are instructions in their adjudication manual saying they should ask under certain conditions.
Do whatever you want. It's you who are bearing the risk or lack thereof for your actions, not me.
The type of questions you ask the applicant to determine whether the applicant acquired LPR status lawfully, depends on how the applicant obtained LPR status. The following are typical examples of how an applicant may have obtained LPR status.
• Through An Employment Based Petition – An applicant obtained permanent residence through employment with a U. S. company. You should review the employment history section of the N-400 application to ensure that the I-140 petitioning employer is listed. If the petitioning employer is not listed, you should prepare questions to address this issue. Such questions might include:
– Did you ever work for the petitioner? – How long did you work for the petitioner? – In what capacity did you work for the petitioner? – Why did you leave the position? – What were you paid? – Where did you work for the petitioner (location)? – Where did you go or work after you left your job with the petitioner or instead of working for the petitioner? – When did you first learn that there would not be a long-term position for you?
If you have knowledge of the instructions being in the adjudication manual could you also please let us know under what condition(s) they may ask this question? Your help is greatly appreciated. Thanks
Thanks for taking the effort in tracking it down.USCIS changed up the organization of their web site and I can't find the relevant section on their site. But I found the same pages quoted on another site.
I have seen posts by people who were asked that, including one within the past month. I'll post a link if I can find it soon.I VERY VERY VERY STRONGLY suggest to people who have changed the job imdly after GC or are considering to change the job imdly. after GC to......
......read threads under "US Citizenship" in this forum as if you are going to apply for US Citizenship. You will eventually find out that NO ONE really asks "how long you have stayed with 140 petitioner after GC".
This AC21 memo indicates differently.The guy was saying that it is only the company that has obligations regarding the job offer
the LC was based on, since it is the company that signs the I-140. When you sign I-485, you don't make any promises regarding working for the company.
Question 10. Should service centers or district offices deny portability cases on the sole
basis that the alien has left his or her employment with the I-140 petitioner prior to the
I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective
employment. Since there is no requirement that the alien have ever been employed by the petitioner
while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-
485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all
cases an offer of employment must have been bona fide. This means that, as of the time the I-140
was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have
had the intent to employ the beneficiary, and the alien must have intended to undertake the
employment, upon adjustment.
Given that you stayed with the same employer for years after the GC approval, in addition to staying 3 months in the specified job, I really don't see how they can call your intent into question. If you get denied because of moving around within the company like that, thousands of the rest of us are in trouble.How about if one works for the same company but moves to a different position not directly related to the job description during the GC process. I have worked many different jobs in the same company since getting my GC about 5 years back. The first time I changed departments was 3 months after getting the GC. Any thoughts on this issue?
Once you have a GC you are free to work for anyone doing anything (except where security issues require a citizen). However, the USCIS are perfectly within their right to check at any time, including when processing your citizenship application, to ensure that your GC was obtained legitimately. Doubt could arise if, for example, you left your GC employer immediately on getting the GC and moved to a totally different field. It could also be suspicious if you stayed with the GC employer but immediately changed to a different position with a lower salary, or even just got a salary cut in the same position. There is no hard and fast rule - instead they will look at the legitimacy of each case. If they have any doubt they will likely investigate further.How about if one works for the same company but moves to a different position not directly related to the job description during the GC process. I have worked many different jobs in the same company since getting my GC about 5 years back. The first time I changed departments was 3 months after getting the GC. Any thoughts on this issue?