Had Interview Yesterday - Decision Could not be made

S

sertra2002

Registered Users (C)
Hi,

I had my citizenship interview on Jan 13, 2011. I got my GC through employer. My issue is that I had got GC approved on 6/1/2005, and changed employer on 6/6/2005 - so only 5 days after GC I had switched from sponsoring employer to new employer. This sounds bad, but the thing is that I had already interviewed for the new job in April 2005 (2 months prior to GC approval), and the new employer also applied for H1 a month prior to GC approval. I have H1 approval from new employer. I was planning to use AC21 portability, but things happed in such a way that fortunately or unfortunately 5 days before I changed employers I got GC approved. Everything was in motion such that I could not back out of joining new employer, knowing that it could be an issue during citizenship.

This sounds bad, and I was extremely worried about this going into the interview. The interviewer asked me questions about GC sponsoring employer and new employer. She was interested to see who paid me the salary and who provided benefits. I told her it was the GC sponsor, and I worked at the new employer as a consultant prior to GC approval. Finally she marked Decision could not be made and I will be informed by mail. At that time I mentioned to her how things happened and how I could not backout of the new job at the 9th hour. I mentioned to her that it was not my intention to leave the employer soon after GC, but that things happened that way. She asked me did the new employer apply for H1, and then asked for a copy of H1 approval from new employer. I also showed her a copy of AC21 letter which I had posted, but could not provide proof of having sent it in, like a USPS receipt etc.

Everything else in my case is fine - passed the English and civics tests and no issue with days in US etc. I think I now have a 50-50 chance at approval or denial now.

Just wanted to see what everyone's thoughts are about my situation and how good or bad it looks for me. If I get a denial now - thats it for me then because I will never be able to overcome this again and no point in applying for citizenship ever again.

Also, wanted to see what if anything can be done if I do get denied, in respect of appeal etc.

Sertra
 
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Unless your new employment was in a totally new profession, you should be fine. Decision can't be made means they still need to verify the circumstances surrounding your change of employer so soon after you had GC approved.
 
Bobsmyth said:
Unless your new employment was in a totally new profession, you should be fine. Decision can't be made means they still need to verify the circumstances surrounding your change of employer so soon after you had GC approved.
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Thanks for the reply ! That really makes me feel better.

Would still like to hear from others though.
 
Sertra ,

How all these started .Did you volunteer to give the info or they asked the first question of this . did you work and got salaryf rom gc sponsoring employer fromt he day 1 u files ur labour and the day u files I140 AND 485 . what did u filled in the employemnt history . youshould have waited one more year and entered only the current company as employer name .
 
SENTHIL MURUGESAN said:
Sertra ,

How all these started .Did you volunteer to give the info or they asked the first question of this . did you work and got salaryf rom gc sponsoring employer fromt he day 1 u files ur labour and the day u files I140 AND 485 . what did u filled in the employemnt history . youshould have waited one more year and entered only the current company as employer name .
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The officer started asking questions about employment by herself. I worked for GC sponsor right from labor /I-140 approval until GC approval. They paid all the benefits and my salary. Thats what the officer asked me also, like who paid the salary, who paid benefits etc. In the end, when she said decision cannot be made, then I told her that I had no intention of leaving soon after GC approval, but things just happened like that. Then I showed her the copy of AC21 letter and she asked me for copy of H1 approval from new employer.
 
If you want other people to worry with you, too bad!!! A decision cannot be made has never equaled to denial, just wait and if your mind is playing games with you, go somewhere warm and enjoy yourself. USCIS will decide your case in the coming days....:(
 
Poeple have done worse things than change employers, people have committed actual crimes and still had a chance, so if I were you I won't worry about anything other than getting a raise at your current job in the current economy.
 
Holy crap! I'm in a similar boat as you. I joined my client a little after a month of getting my GC. The client had an option to hire me directly and they exercised this option once I got my GC. Luckily I have a letter form my sponsoring company that this is the case and that this was an agreement between the two and so I was let go per their contract. My interview is coming up next month! Anyone have any thoughts on if this is going to be a problem?
 
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So are you saying you had agreement with your sponsoring employer that they would let you go after GC approval? If that is the case then I see a problem - the letter actually does not solve the problem but is a negative as it shows you always intended to leave them after you got the GC.
 
It is interesting that the AC-21 is allowed by law - by which a person can change their jobs in the same field prior to the GC. But the law is not clear how soon to leave original sponsoring employer after getting GC through original employer. In my opinion it will be very hard for USCIS to deny such cases, particularly if you have spent several years with the same employer. Some people have retrogression and the wait can be many years. In my case I got my green card in 9 months, but I am with the same employer even after 10 years!
 
Hi All,
I am in the same boat like you. I had my GC through CP and Joined my sponsoring company. A week after that they laid off 30% employees including me and 2 months later got sold. I am having my interview next week. I worked for sponsoring company for 15 days only. Prior to GC i worked for almost 2 years and all this happened way back in 2002. my wife already completed her naturalization. I have a letter from my ex-manager confirming these fact and is willing to testify under oath also. I also have companies 10Q form (fortunately publicly traded one) and clearly mentions the above facts. Do I need any more evidence to support my case? Do I need a lawyer also?
 
sertra2002 said:
So are you saying you had agreement with your sponsoring employer that they would let you go after GC approval? If that is the case then I see a problem - the letter actually does not solve the problem but is a negative as it shows you always intended to leave them after you got the GC.
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No, what I meant was that this was after the fact. After I got my green card, the client made me an offer and informed the sponsoring company that they were doing so. The sponsor then called me and said that this was okay and per their agreement, they were okay with me joining the client directly. I got a letter from them confirming this about a year or so after joining the client. All the letter mentions is that they let me go to join the client under an agreement with the client.

Do you think this is still a problem? Although I had seen others at the sponsor go directly to clients, this wasn't something I planned for when I got my GC!
 
spmunuku said:
Hi All,
I am in the same boat like you. I had my GC through CP and Joined my sponsoring company. A week after that they laid off 30% employees including me and 2 months later got sold. I am having my interview next week. I worked for sponsoring company for 15 days only. Prior to GC i worked for almost 2 years and all this happened way back in 2002. my wife already completed her naturalization. I have a letter from my ex-manager confirming these fact and is willing to testify under oath also. I also have companies 10Q form (fortunately publicly traded one) and clearly mentions the above facts. Do I need any more evidence to support my case? Do I need a lawyer also?
Click to expand...

My feeling is that you should be okay. You leaving your sponsor was due to a layoff, which was beyond your control, no matter what the intentions were. Keep us posted on your interview experience.
 
spmunuku said:
Hi All,
I am in the same boat like you. I had my GC through CP and Joined my sponsoring company. A week after that they laid off 30% employees including me and 2 months later got sold. I am having my interview next week. I worked for sponsoring company for 15 days only. Prior to GC i worked for almost 2 years and all this happened way back in 2002. my wife already completed her naturalization. I have a letter from my ex-manager confirming these fact and is willing to testify under oath also. I also have companies 10Q form (fortunately publicly traded one) and clearly mentions the above facts. Do I need any more evidence to support my case? Do I need a lawyer also?
Click to expand...

any thoughts on my case guys? I am planning to take a lawyer will that be any help ?
 
An update to my case - its a good update ! I received a notice for oath ceremony - so I have been approved ! Thanks to everyone who replied.
 
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