Employment History Beyond 5 years

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ny11023

Registered Users (C)
I got my GC in May 2001. I left sponsor company shortly after GC. I consulted my lawyer then. He said I might left too soon, but if I applied citizenship a year or two later than the usual 5 years, it's ok. I've been umemployed since 2002 (taking care of ill family member first and then started my own business). I wonder how USCIS will view my unemployed history.

And most important, would they ask/check when I left my sponsor company. Although I actually got my GC more than 6 years ago. I plan to submit N400 soon. Any input is welcome!
 
A question!!!

I will be having a similar case like yours, I just got my green card and I am planning to leave my sponsoring employer,How soon did you leave your sposoring employer? have you consulted any lawyers recently apart from your 6 year old consultation?



Wish you all the best in
 
Unemployment is not a factor in naturalization cases. The only thing that matters (at least for an employment based GC) is that USCIS can see you obtained your LPR legally - hence the requirement to provide your employment history.
 
Thanks Boatbod.

So Do you think that INS will inquire about the exact time I left my sponsor company and reason? I left because I had to go back to care for my ailing father and expected this period to be fairly long.

Do you think they will ask about all this even if it's more than 5 years ago? If so, what would be the smart way to deal with it?

Nov 06, I left almost at the same time I got the green card. But my I485 took about 1 year to be proved. So I think the 180 days rule may apply to my case. I'm not too sure.
 
Seems to me that the more facts come to light, the more complicated your case is appearing.

As I see it, the issue is unlikely to be whether you left your sponsoring employer "too soon", but did you inadvertently show intent to abandon your residency by quitting your job and going abroad for a considerable period of time. (For this purpose of this discussion, lets define "considerable" as any series of back-to-back trips totaling more than 6 months)

Further speculation would be difficult without knowing your travel dates, but from what you've mentioned so far, I would think the IO is likely to ask questions about residency more than employment.
 
I don't see any issue with your N-400 process. You got GC via lawful process and what you do after is not questionable.

Having said that, you can spend some dow to hire a lawer for N-400, which is highly recommended to peace of mind.
 
Thanks again, boatbod. I appreciate your concern. Sorry I didn't make it clear. I did go back right after I quit. But it turned out that my dad's condition was far less serious than I initially thought. So I only stayed about 3weeks during that trip, and didn't make another one until almost a year later. All in all, the time I was away from the american soil was less than 4 months in over 6 years. So I'm not quite worried about the "residency issue" here. I'm only worrying-
1. whether they will question when and why I left my company, even it was 6 instead of 5 years ago.
2. whether they will question the fact that I didn't switch to a job that deemed "similar" to the one that got me my green card. I stayed umemployed for quite a long period of time.
 
ny11023 said:
Thanks again, boatbod. I appreciate your concern. Sorry I didn't make it clear. I did go back right after I quit. But it turned out that my dad's condition was far less serious than I initially thought. So I only stayed about 3weeks during that trip, and didn't make another one until almost a year later. All in all, the time I was away from the american soil was less than 4 months in over 6 years. So I'm not quite worried about the "residency issue" here. I'm only worrying-
1. whether they will question when and why I left my company, even it was 6 instead of 5 years ago.
2. whether they will question the fact that I didn't switch to a job that deemed "similar" to the one that got me my green card. I stayed umemployed for quite a long period of time.
Click to expand...

I think you have got a pretty solid reason for leaving your position when you did. It doesn't sound like you have either continuous residence or physical presence issues either. As such, it may just come down to your true "intent" when you actually received your GC. To clarify this, how long exactly did you spend with your employer after receiving your GC? It might also help to know how long you were unemployed. It could be that you have a very good reason for switching fields - you simply could not find work in the field you were initially in, as evidenced by your long stretch of unemployment. Can you provide some more dates?
 
Yummyk,

I left within a week or so after I got GC, as my dad was in pretty crtical condition then. But my I485 took 13 months to come through. I thought that gave me some leeway for leaving. No?

I think I could have gone back to my company if I asked, but frankly I was kinda sick of the place, as many GC "slaves" can relate. So instead I stayed home taking care my hubby for about 2 years before I started to work part-time again. Not in the same field as before though. Now I run my own business.

Another reason I'm worried is that my hubby got gc through me. He's applying for n400 now as well. I don't want to jeopadize both our chances.

So, anyone here that has similar situation as mine, and got past the process can enlighten me somehow?

Thanks a bunch!
 
ny11023 said:
Thanks again, boatbod. I appreciate your concern. Sorry I didn't make it clear. I did go back right after I quit. But it turned out that my dad's condition was far less serious than I initially thought. So I only stayed about 3weeks during that trip, and didn't make another one until almost a year later. All in all, the time I was away from the american soil was less than 4 months in over 6 years. So I'm not quite worried about the "residency issue" here. I'm only worrying-
1. whether they will question when and why I left my company, even it was 6 instead of 5 years ago.
2. whether they will question the fact that I didn't switch to a job that deemed "similar" to the one that got me my green card. I stayed umemployed for quite a long period of time.
Click to expand...

No problem with any of that. Everything will be fine!
 
boatbod said:
No problem with any of that. Everything will be fine!
Click to expand...

Really Boat??? Are you sure? - I'm not asking you for a letter of guarantee here;) . But it'll be a great relieve to know my case is not going to get the red light on at the USCIS.

Thanks Boat.
 
ny11023 said:
Yummyk,

I left within a week or so after I got GC, as my dad was in pretty crtical condition then. But my I485 took 13 months to come through. I thought that gave me some leeway for leaving. No?

I think I could have gone back to my company if I asked, but frankly I was kinda sick of the place, as many GC "slaves" can relate. So instead I stayed home taking care my hubby for about 2 years before I started to work part-time again. Not in the same field as before though. Now I run my own business.

Another reason I'm worried is that my hubby got gc through me. He's applying for n400 now as well. I don't want to jeopadize both our chances.

So, anyone here that has similar situation as mine, and got past the process can enlighten me somehow?

Thanks a bunch!
Click to expand...
Not sure exactly how this might impact your case. There are examples on this board of people who worked for very very short time with employer, or changed employers before GC being granted who still became citizens. However, each case is different, and I think that the whole AC21 thing is still an evolving area as it relates to citizenship applications. Even though AC21 may not apply directly to your case, it may impact the manner in which your case is now viewed. I think you had a very good reason to leave your employer right after getting your GC, and I think your case is bolstered by the fact that your I-485 took 13 months.

I am fairly conservative by nature, so I will give you what I know to be the conservative viewpoint: before you do anything or file anything, consult a good immigration attorney. Take your completed N-400 and supporting documentation for an initial consultation and request his / her opinion on whether you should apply now for citizenship. You can even have an attorney accompany you to the interview. I know it is expensive to retain an attorney, but it is the only way you will really get a professional opinion on your case. Most attorneys will only charge a nominal amount for an initial consultation - and it could be that this is all you need.

Whatever you decide, I wish you and your family the very best of luck. Please do continue to post updates to keep everyone apprised of the status of your case.
 
Boatbod is absolutely right and I agree with others on the thread as well, you will not have a problem in getting the petition approval.

  • Like previously mentioned by boatboad and rikhyes, you attained your GC legally
  • You had a valid reason to take care of family (a priority that USCIS understands
  • There have been multiple cases, similar to yours, where the applicant had changed jobs few weeks after the GC approval - Their N-400 applications were approved without any problem.

Each case is however different, and so is an interview experience. Even though you may not need it, the more documentation you can arrange for the interview (job change, family sickness, job in similar field after your break) more prepared/confident you will be in case some questions do arise. And to be put your mind at ease, you can always consult couple of immigration attorneys.


Good luck
 
Thank you, guys. Great advices.
I most certainly will keep everyone on the board posted. I know how reassuring it can be to someone with similar situation to hear there's some else come out the experience live and well. ;)
 
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