N400(please help IMP) - Never joined the company that filed the Green Card

K

k3r

New Member
Hi Everybody,

I work for Y company for last 10 years. "X" company filed for my Green Card and i got it. I never joined the "X" company and i am now thinking of filling N400.
I work in the same industry that was mentioned in the "X" companies Green Card filing.

Will i have any problems when i go for my interview. As i have read earlier notes that as long as i am in the same industry as per the Green Card filling i should be fine.

Please let me know.
 
are you saying you committed an immigration fraud and whether or not you should disclose it to USCIS when you apply for next benefit -naturalization application. Of course, it can be exceptions...company X was disolved, etc...there are AC 21 requirements...for portability which requires you to hold same/similar job...industry alone was not a good enough. Also, the question is: why you did not join company X and/or did company X or you made a statement to USCIS (I-485 or I-140 -GC related applications ) you were working for Company X.

You need to analyze full picture....Good luck..
 
Same industry only applies if you are already working for the GC sponsor and ended up leaving that employer 6+ months after applying for adjustment of status due to unforeseen circumstances.
The reason for this (Google AC21) is that some countries have long wait times for visa availability and USCIS has determined that there is no good reason to force these people (from mainland China, India, Mexico and Philippines) to work for the same company for several years while they wait for a visa number to become available while people born in other countries usually have their green cards by that time.

If you understand the Employment based immigration process, the company petitions for the 'job' to become permanent (not you). You end up becoming a permanent resident because the company has documented that there is no Citizen or Permanent resident available to do the job and so you end up being made a Permanent resident (to do the permanent job). If you never take up that permanent job, technically you never established permanent residence and are currently out of status.

Lawyer time...
 
k3r said:
Hi Everybody,

I work for Y company for last 10 years. "X" company filed for my Green Card and i got it. I never joined the "X" company and i am now thinking of filling N400.
I work in the same industry that was mentioned in the "X" companies Green Card filing.

Will i have any problems when i go for my interview. As i have read earlier notes that as long as i am in the same industry as per the Green Card filling i should be fine.

Please let me know.
Click to expand...
COULD YOU PLEASE LET US KNOW HOW DID YOU RESOLVE YOUR CASE. SIMILAR CASE NEED HELP. THANKS
 
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