Need major help with n400 App - never worked for sponsoring employer :(

[faheemw]

Hi All,

Thank you so much for reading and any recommendations you can provide.

I am getting ready to file for my citizenship and this month makes exactly 4 years and 9 months since I got my GC. My question to all you gurus is this:

My previous employer filed for my GC and I was to start working for this employer after I get my GC. I got my GC in 2009 when I was working for a different employer (bank teller) while going to school for my degree.

After I got my GC, I called the employer to make arrangements to start my new position. I found out that the company does not exist anymore and that it had been sold to someone else in 2008 and the job was no longer valid. I had to pay bills and did not have any savings so I continued working as a bank teller. I did not know about AC21 and to be honest I am still confused about it.

I really need to file for my citizenship so I can sponsor my wife and my parents, however, I am worried that if I file and if the IO asks about my employment and why I never worked for the sponsoring company, I could be in trouble.

Would you guys recommend that I file for my naturalization?

What risk, if any, is there that at the interview if the IO asks me and I say no that I did not work for sponsoring employer that they would revoke my GC?

Any and all help is greatly appreciated.

Thanks,

F

 

[Mauricephoenix]

Hi All,

Thank you so much for reading and any recommendations you can provide.

I am getting ready to file for my citizenship and this month makes exactly 4 years and 9 months since I got my GC. My question to all you gurus is this:

My previous employer filed for my GC and I was to start working for this employer after I get my GC. I got my GC in 2009 when I was working for a different employer (bank teller) while going to school for my degree.

After I got my GC, I called the employer to make arrangements to start my new position. I found out that the company does not exist anymore and that it had been sold to someone else in 2008 and the job was no longer valid. I had to pay bills and did not have any savings so I continued working as a bank teller. I did not know about AC21 and to be honest I am still confused about it.

I really need to file for my citizenship so I can sponsor my wife and my parents, however, I am worried that if I file and if the IO asks about my employment and why I never worked for the sponsoring company, I could be in trouble.

Would you guys recommend that I file for my naturalization?

What risk, if any, is there that at the interview if the IO asks me and I say no that I did not work for sponsoring employer that they would revoke my GC?

Any and all help is greatly appreciated.

Thanks,

F

Can you please post your dates, like when was i-140 approved and when did you file for i-485 and when was it approved?

Was the position you had after gc similar to the one in the LC?

 

[Jackolantern]

After GC approval did you ever work in a job that was similar to the one your GC application was based on? For at least 1 day?

If not, your green card is seriously at risk if you apply for naturalization.

 

[faheemw]

Reply

Hello Maurice and Jack,

Thanks for your replies.

Maurice - I filed concurrently during the July 2007 fiasco. I dont remember when my i140 was approved. My i485 was approved in Feb 2009 when I got my GC. As mentioned before, I never worked for the sponsoring employer because they wanted me to start after GC approval, however by then the company was sold and the position vacated. I was supposed to work as a night auditor/cashier/manager. I continued working at my previous job after finding out the job did not exist anymore as a bank teller/cashier/assistant branch manager from Feb 2009 to May 2012.

Jack - I was supposed to work as a night auditor cashier and the job that I worked was a bank teller/cashier so I dont know if they are similar or if USCIS will see them as similar.

Thanks,

F

 

[Mauricephoenix]

Hello Maurice and Jack,

Thanks for your replies.

Maurice - I filed concurrently during the July 2007 fiasco. I dont remember when my i140 was approved. My i485 was approved in Feb 2009 when I got my GC. As mentioned before, I never worked for the sponsoring employer because they wanted me to start after GC approval, however by then the company was sold and the position vacated. I was supposed to work as a night auditor/cashier/manager. I continued working at my previous job after finding out the job did not exist anymore as a bank teller/cashier/assistant branch manager from Feb 2009 to May 2012.

Jack - I was supposed to work as a night auditor cashier and the job that I worked was a bank teller/cashier so I dont know if they are similar or if USCIS will see them as similar.

Thanks,

F

Based on what you wrote you would be eligible for AC21 protection. If the 2 positions are similar you should be ok.

 

[faheemw]

Reply

Thanks Maurice.

That's the thing I am worried about is that it is so vague. There are no set guidelines as to what is considered "similar". One could argue either way. I have consulted a lawyer (actually 2 lawyers) to see what they say. Would it matter that even though the positions were similar, if they were in different industries? Hotel Vs. Bank?

If I get asked, who did you get your GC through? I reply company XYZ. The IO asks, how long did you work at XYZ for? (he can see through the n-400 application that I didnt - the part where you fill out 5 years previous employment history). I say no, I didnt, would I at this point give a reason as to why? Does this almost always result in a denial? Would I bring out the "big guns" here and let the lawyer talk? Would I have to explain the whole AC21 rule thing? (even though I didnt apply for one - but qualifies in this situation)?

Thanks.

Sorry about all the questions.

F

 

[Mauricephoenix]

Thanks Maurice.

That's the thing I am worried about is that it is so vague. There are no set guidelines as to what is considered "similar". One could argue either way. I have consulted a lawyer (actually 2 lawyers) to see what they say. Would it matter that even though the positions were similar, if they were in different industries? Hotel Vs. Bank?

If I get asked, who did you get your GC through? I reply company XYZ. The IO asks, how long did you work at XYZ for? (he can see through the n-400 application that I didnt - the part where you fill out 5 years previous employment history). I say no, I didnt, would I at this point give a reason as to why? Does this almost always result in a denial? Would I bring out the "big guns" here and let the lawyer talk? Would I have to explain the whole AC21 rule thing? (even though I didnt apply for one - but qualifies in this situation)?

Thanks.

Sorry about all the questions.

F

What did the lawyer say? I think you can look into the Labor Certification (because it describes the tasks / position) and if the tasks are the same I think you should be fine.

 

[Jackolantern]

The job duties are primarily what they use to determine whether the jobs are similar, not the job titles (although the job titles could be a red flag that the jobs are very different -- for example executive chef and engineering manager probably are vastly different).

My impression so far based on the limited information you've provided is that the jobs are NOT similar enough for AC21; however you are the one who knows the job duties of both, not me, so my impression isn't necessarily correct.

 

[faheemw]

What did the lawyer say? I think you can look into the Labor Certification (because it describes the tasks / position) and if the tasks are the same I think you should be fine.

So, I contacted the first guy (same guy who filed the i485) and his advice was to wait 6 extra months (I would be a GC holder for 5 years and 3 months then) and then file. This way I only need to show employment past 5 years. He is hoping they dont ask me and his advice was if they ask say yes and then you moved to NJ.

Second lawyer - I need to review your paperwork, we need to meet. I said its just a question and if you can tell me I should apply or not then we can meet to discuss further. He recommended to see if I can find the letter that says that the company was sold and the job vacated, which I do not have. So waiting for response back.

I do not have the copy of labor - the first lawyer has that and if I ask anymore he will question why and say I have already advised you blah blah

 

[Mauricephoenix]

So, I contacted the first guy (same guy who filed the i485) and his advice was to wait 6 extra months (I would be a GC holder for 5 years and 3 months then) and then file. This way I only need to show employment past 5 years. He is hoping they dont ask me and his advice was if they ask say yes and then you moved to NJ.

Second lawyer - I need to review your paperwork, we need to meet. I said its just a question and if you can tell me I should apply or not then we can meet to discuss further. He recommended to see if I can find the letter that says that the company was sold and the job vacated, which I do not have. So waiting for response back.

I do not have the copy of labor - the first lawyer has that and if I ask anymore he will question why and say I have already advised you blah blah

As long as the 2 positions have similar job duties (nothing extreme like lets say the LC was for a airline pilot and your next job was Cook) you should be ok.

 

[faheemw]

The job duties are primarily what they use to determine whether the jobs are similar, not the job titles (although the job titles could be a red flag that the jobs are very different -- for example executive chef and engineering manager probably are vastly different).

My impression so far based on the limited information you've provided is that the jobs are NOT similar enough for AC21; however you are the one who knows the job duties of both, not me, so my impression isn't necessarily correct.

Thanks for your reply. I do not know if they are similar either. Question is does the IO go into such deep detail of actually checking the job descriptions? Do I have to have both with me when I go in for the interview? Will they even ask about the sponsoring company?

Is my reason even valid? What did they want me to do if the job I was supposed to get wasnt available? I had bills to pay, tuition to pay and 2 other people to take care of. I would have made more money at my sponsoring company's job then I did as a teller (45k Vs 36k) and lower cost of living in NM vs NJ.

 

[Jackolantern]

Thanks for your reply. I do not know if they are similar either. Question is does the IO go into such deep detail of actually checking the job descriptions?

Yes, if they suspect the jobs aren't similar enough for AC21, they will get into those details. They would already have the description of the originally sponsored job on file from the GC application, so you would only have to provide documentation for the other one.

Is my reason even valid? What did they want me to do if the job I was supposed to get wasnt available?

If the originally sponsored job isn't available, you're expected to get another job that is similar enough to meet the AC21 requirements.

So, I contacted the first guy (same guy who filed the i485) and his advice was to wait 6 extra months (I would be a GC holder for 5 years and 3 months then) and then file. This way I only need to show employment past 5 years.

If that is your strategy, you should wait much longer than that, like until you've completed 7 or 8 years. Although you're only required to list the past 5 years of employment, they can ask about employment older than that if they want. If you're just barely a few months past the 5 year mark, and what they see in your 5-year history doesn't appear similar enough for AC21, it would look like you never worked in the original job or a similar job since GC approval, or you left very soon after obtaining the GC. Either scenario provides a reason for further questioning.