my scenario... please reply

D

deshipublic

Member
I tried to ask this question before and never got an staright forward reply.
Here is my scenario:

Applied for GC thru company A. Worked there 5 years! 3 years into the I-485 process.
Left company A after 3 years of I-485 application thru them and joined company B.
Got green card 6 months ago while working at company B. Still working at Company B.

Salary at company B is half of what was shown in I-485 application.

WHat kind of problem will I face or will there be any problem when the tiem for applying citizenship comes. What documents will they ask for when I apply for citizenship after 5 years. WIll the huge difference in salary have any bad effect? if yes, then how?

Please reply in details. Thanks:)
 
LiveAndLetLive said:
I m kind of in similar situation except the fact that my salary is double.
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One got half and other got double salary, share it. Problem solved :D :D
And don't forget my 10% commision :D :D
 
Hi HMCIS,

Did you use AC21 while entering Company-B. Then you are 100% fine.

Otherwise, try to join back to Company-A ASAP. Don't worry about salary differences.

If you work for Company-A for 2-3 months enough (Max 6 months). You are free bird. New Appointment Letter of Company-A and Pay Checks are important. Save them.

The reason to join back sponsored company is they gave you the letter stating that, they would employ you upon your GC approval.So, if you don't join they might say it is fraud.

But, one of my friends got Citizenship recently . He never worked with sponsored employer due to a fight. :D :D
 
Who is eligible for US citizenship and what are its benefits?

In most situations, a person is eligible to apply for Naturalization, if they meet the following requirements:

Applicant has been a lawful permanent resident for five years (or three years for spouses of United States Citizens)
Applicant is 18 years old
Applicant is of good moral character
Applicant can speak, read, and write English
Applicant must pass a test on U.S. history and government
Applicant was physically present in the U.S. at least half the requisite time
Applicant has maintained lawful permanent residence continuously
Applicant swears loyalty to the U.S. by taking an oath of allegiance
Benefits include the right to vote for in all government elections (federal, state and local), and the fact that certain family members may be immediately eligible to receive citizenship, such as minor children. Other family members are eligible to receive a green card with shorter wait periods than family members of residents (see Family based residency section for estimated wait periods).
 
thanks Fort USer. But what is AC21? I am also a bit confused about citizenship requirement. I mean why do I have to join the old company? I stayed 3 years AFTER the I-485 was applied with company A. SO the 180 days portability thing applies to me right? I didn't leave company A too early. ( I am just thinking out loud). Please help me and explain if I have missed anything. BUt I really don't ant to or can join back Company A. I think the most important thing is AC21 according to your reply. What is it though? I just used my EAD to start working for company B. That's what I did. PLease advise. Thanks in advance!
 
Hi HMCIS,

What you are doing after GC approval is important.

That is, the day your GC approved is the starting day for a new chapter.

So, what you are doing after GC is important.

Try to join with Comp A for 2 months. Even if they shout at you :D .

It is a game. So, act like you are loosing for 2 months. Then you are the permanent winner.
 
Hi RealCanadian,

hmcis never used AC21.

Also, he never joined with sponsoring company (ie company-A).

It is a violation.

This is a huge topic. But, what i mentioned has logic. Am i right?
 
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I still don't know what AC21 is. I really don't understand the logic behind having to join company A. I left company A 2 years ago after being with them for 3 years AFTER the I 485 application. How can I leave my job with Company B for two months and go back and join company A and then leave and go somewhere else! It really doesnt seem logical at all. I am not trying to prove you wrong or anything FortUser, since i don;t know hence I am asking. Thanks again.

I think I need to knwo what AC21 is.
 
Fort_User said:
hmcis never used AC21. So, he never joined with sponsoring company (ie company-A). It is a violation.
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Pardon? He joined a new company in a "same or similar" job after his I-485 was pending over 180 days. That's usng AC21. There's no requirement at all to inform USCIS.

He's free and clear.
 
RealCanadian is right. But the onus will be on the applicant to prove that the new job was indeed "same or similar" category. At the time of naturalization, the officials may raise the question of "fraud" if you had not filed AC21 before. But with a competant immigration attorney you can argue under the shade of AC21.
 
hmcis said:
I still don't know what AC21 is. I really don't understand the logic behind having to join company A. I left company A 2 years ago after being with them for 3 years AFTER the I 485 application. How can I leave my job with Company B for two months and go back and join company A and then leave and go somewhere else! It really doesnt seem logical at all. I am not trying to prove you wrong or anything FortUser, since i don;t know hence I am asking. Thanks again.

I think I need to knwo what AC21 is.
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AC21 is "The American Competitiveness In The Twenty-First Century Act (AC21)".
Section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21) authorizes approval of an employment-based Form I-485 that has been pending for 180 days or more despite job changes within the same or a similar occupational classification. Congress’ purpose in enacting 106(c) was to reduce the hardship to employers and foreign nationals caused by INS adjudications delays.
 
From what my attorney told me, reporting change of job to USCIS is optional. Even the verbiage of AC21 does not say that it should be reported. It says, it can be reported. Regarding the violation, it is always going to be a subjective matter.
 
I have enquired 4 leading Attorneys' about this scenario.

Because, i am also kind of same situation.

All the Attorneys say that, "better" to be with sponsored company for minimum 6 months.

I told them i am working with the "similar kind" of job in another company. They still advised me to go to the Sponsored company.

Though i have not seen anyone got rejected Citizenship due to this reason, still i would like to know why Attorneys say that?.

So, my personal opinion is "why to take Risk"?

If possible, join with Sponsored company for a while and get rid of this problem.
 
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Fort_User said:
Though i have not seen anyone got rejected Citizenship due to this reason, still i would like to know why Attorneys say that?.
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For a multitude of reasons. Of course the best thing is to stay with the sponsoring company for ever and ever until after naturalization. Then intent is absolutely clear and there is zero risk.

If you choose to run your life by a zero-risk philosophy, then you should avoid getting out of bed in the morning.

If one leaves one's sponsoring company for a similar job and the I-485 is pending for more than 180 days, then it's clear AC21 applies even if USCIS isn't informed. To be honest, many immigration attorneys have rather colorful interpretations of the law, probably stemming from an imagination more vivid than my three year old's.

The fact that someone is an immigration attorney means that they have spent a lot of money paying for law school. It is very rarely any sort of authortative imprimateur on the suggestions they make. USCIS is in a far better position to be authoritative, and we all know how generally inconsistent and downright dangerous their advice can be. :D
 
you guys are awesome! who needs a lawyer? And I say it with utmost seriousness. Really guys, over the past several years, people discussing problems and issues on this message board has been so much assuring, helping, full of information to me, I can't even tell. Thanks as always guys!

I'd like to think I'm a free bird now. I want to quit job altogether now and do something I really want, not anymore what will make it easy to get a greencard. I want to go back to school for a PhD or quit computer line and get into medical stuff. Do something that excites me! And I wanna make sure that I can do that now without having any problem lateron when I apply for my citizenship.
 
TheRealCanadian said:
If one leaves one's sponsoring company for a similar job and the I-485 is pending for more than 180 days, then it's clear AC21 applies even if USCIS isn't informed. :D
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Your above statement is misleading.

Then why AC21 is there?

Let us observe the following scenario:

I work for company A. I quit this company after 180 days of my I485 pending. Joined with company B. Similar job. I never informed USCIS.

I get a RFE for EVL after some time. At that time i have to inform USCIS, i am with company B for the past xxx months. Then USCIS will ask why you have not used AC21.

Change in Job should be informed USCIS immediately. It is MANDATORY.
 
Fort_User said:
I get a RFE for EVL after some time. At that time i have to inform USCIS, i am with company B for the past xxx months. Then USCIS will ask why you have not used AC21.

Change in Job should be informed USCIS immediately. It is MANDATORY.
Click to expand...

No, it's not mandatory. There is no requirement like that. In fact if you search I485 forums you will get many applicants who left their original sponsorers and working with other company in similar jobs. When they got RFE for EVL, they just sent EVL from their new employers, attaching AC21 alongwith. They got approved without any problem.
 
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