Employment change after receiving GC - Implications on Naturalization

C

clear_signal

New Member
I have worked for my US based employer (Company 'A') since 2004 on H1 after completing MS, and have applied for GC with them in 2008 in EB2. In 2011 I have relocated back to India while GC application was pending and changed my processing to 'Consular Processing'. While I was in India, I have my GC approved in November 2013 thru Consular Processing.

I have moved back to US in March 2013, and immediately started my own S-Corp and started working for my own company since then. so, in essence, I have really not worked for the employer who sponsored my GC and never received a paycheck from them.

As I understand, during the citizenship interview, USCIS might say that I have not worked for my employer after getting my GC and reject my petition. I would like to understand your experience and suggestions regarding this.

Please share your thoughts.
 
I would like to add one thing. I am in extremely good relationship with my former employer and they will be willing to answer any question related to this and will be happy to vouch for my case.

And, the employer has a very good track record and has no cases of fraud of any type and processes limited number of GC's and H1's, with most of employees being US citizens.

Not sure if this is of any help.
 
Your employment based GC is for FUTURE employment. Your then employer petitioned USCIS that there is a future need for an employee of certain advanced qualifications that they will want to employ in future. The petition that your ex-employer filed with USCIS was approved.
As future is never certain, you can reasonably make the argument that you and your employer parted ways in an mutually acceptable manner. You can further strengthen your argument by proving that you are working in the same area of expertise that you secured the GC for. For example, say you are a chemical engineer and you are working in a power plant and not say running a dog kennel.
Keep in mind that they do not generally ask these questions. So you should be good to go.
 
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