Job Change 5 days after GC approval and possible effect on N-400 application

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sertra2002

Registered Users (C)
Hi Folks,

I have a unique situation, i think. I had a EB I-485 from company A. During the GC pending stage I decided to change jobs using AC21 and got a joining date of Jun-6th. All the formalities like job offer, applying for a new H1B (as I was on H1 at that time) were completed in April-May itself. As luck would have it though my GC got approved just 5 days before I my actual joining date - that is on Jun-1st. I got mail of approval on Jun 7th. Since everything happened together I could not change the decision to switch employers.

Now I have filed N-400 and am worried that my changing jobs so soon after GC may become an issue. I have documents to prove everything (interview letter, job offer, H1B) was before GC approval. However, the joining date is just 5 days after GC approval.

What are your thoughts on my situation? Will I / won't I face issues. if so what can I do to prepare myself to get over the hurdle ?

Thanks in advance.
 
You are going to face issues, there are NO doubts about that issue. If I were riding in your boat, I would prepare and collect the necessary evidence which can placate the IO. We have had people who had issues with IO for changing jobs after 6 months, so 5 days is right in line with the interrogation the IO is going to give you when he sees you in the couple of months.
 
Al Southner said:
You are going to face issues, there are NO doubts about that issue. If I were riding in your boat, I would prepare and collect the necessary evidence which can placate the IO. We have had people who had issues with IO for changing jobs after 6 months, so 5 days is right in line with the interrogation the IO is going to give you when he sees you in the couple of months.
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Al Southner,

AFAIK, beneficiary of EB petition is not obliged to continue working with the same employer even for a day after he/she receives the green card. There may be a chance of doubt about intention of EB beneficiary if he/she changes a job too soon to an unrelated profession. If this determination is at IO's discretion, there must be a law to support IO's determination. Is there a provision in law which protects the previous employer from employees changing jobs too soon or allows IO to ?

I am sure the OP has enough proof (e.g. offer letter dated in May or so) about his intentions to move on AC-21 and the GC just happened to arrive.
 
People have had trouble in the interview after leaving so soon, but they ultimately got approved. Be prepared to show that the job you changed into met the AC21 criteria (same or similar, and you had the job offer when the I-485 was pending for 180+ days), and that the job change was already in progress before GC approval (as evidenced by the H1B petition) so you weren't simply waiting for GC approval to leave the job.
 
Al Southner said:
We have had people who had issues with IO for changing jobs after 6 months, so 5 days is right in line with the interrogation the IO is going to give you when he sees you in the couple of months.
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I've seen a couple cases of people having trouble in the interview for leaving in less than 1 month after GC approval, but not when the job change was after 6+ months. Can you link to that 6+ month case?
 
I know my friend changed job 10 days after his approval and he did not have any problem at the interview time.
 
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