Risks of applying for USC after using AC21 GC rule

S

Suresh T

Registered Users (C)
I am going to be eligible to apply for US Citizenship pretty soon. I got laid off before my green card was approved so I had to change my employer. But I had already completed some 210 days with the GC sponsoring company (AC21 requires at least 180 days) and found the next job with the same exact job description.

I know that some people have been questioned in their USC interview as to why they change jobs after 2-3 months of GC approval. Since while applying for USC you are throwing your entire immigration status in line, I am concerned if there is any chance they will not only reject my USC application but also revoke my GC. Not that I consider that situation to be end of my life, I would need to plan things differently if that's a possibility. I would like to hear from others who are in similar situation.

Just to mention, I never applied for social secutiry money as I was never unemployed.

Thanks!
 
fabolous said:
I know that some people have been questioned in their USC interview as to why they change jobs after 2-3 months of GC approval.
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So, what happened to those people -- did they get their citizenships?

Since while applying for USC you are throwing your entire immigration status in line, I am concerned if there is any chance they will not only reject my USC application but also revoke my GC. Not that I consider that situation to be end of my life, I would need to plan things differently if that's a possibility. I would like to hear from others who are in similar situation.
Thanks!
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I don't think it is going to be an issue -- If AC21 was enacted at that time and you were eligible then they cannot deny based on the job change. Although, like JoeF said, there may be some confusion initially among the adjudicators, ultimately they have to approve.

I would take the text of the law and subsequent INS directives on AC21 with me for the interview. In case, the officers are not familiar with it (we are dealing with CIS after all).
 
Yes, from what I have heard, everybody who changed jobs soon after GC approval got their USC approved as well.

But since they made it a point to ask them about their job change soon after GC, I am guessing I will have to face some tough questions since I changed job 2 months before the approval. I'll carry all the necessary documentation including the layoff letter from my sponsoring company, offer letter from the new company with job description, etc. to support my case. The argument I am preparing is, it wasn't "my" intent to leave the company but company let me go after 210 days of I-485 application.

Let's see how it goes.

fabolous
 
I think you should be fine and be able to get your citizenship without a problem.
 
fabolous said:
I am going to be eligible to apply for US Citizenship pretty soon. I got laid off before my green card was approved so I had to change my employer. But I had already completed some 210 days with the GC sponsoring company (AC21 requires at least 180 days) and found the next job with the same exact job description.

I know that some people have been questioned in their USC interview as to why they change jobs after 2-3 months of GC approval. Since while applying for USC you are throwing your entire immigration status in line, I am concerned if there is any chance they will not only reject my USC application but also revoke my GC. Not that I consider that situation to be end of my life, I would need to plan things differently if that's a possibility. I would like to hear from others who are in similar situation.

Just to mention, I never applied for social secutiry money as I was never unemployed.

Thanks!
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http://immigrationportal.com/showthread.php?t=243433
 
fabolous said:
I am concerned if there is any chance they will not only reject my USC application but also revoke my GC.
...
Just to mention, I never applied for social secutiry money as I was never unemployed.

Thanks!
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If you go through the sister forum -Life After Green Card, you'll see somebody searched the legal database or repository, no GC has ever been revoked because of change job too early. Or at least some lawyers should know.

BTW, there is no relationship betweeb social security money and unemploy, it's covered by your unemployment insurance.
 
Curiously, the criteria for AC21 is your I-485 must remain unadjudicated for at least 180 days. This does not however mean you have to work for the sponsoring company for a minimum of 180 days (or even at all) because the GC petition is based upon a future job offer. The only time you get messed up is if your original sponsoring company withdraws your I-140.
 
Boatbod,

Curiously, the criteria for AC21 is your I-485 must remain unadjudicated for at least 180 days. This does not however mean you have to work for the sponsoring company for a minimum of 180 days (or even at all) because the GC petition is based upon a future job offer. The only time you get messed up is if your original sponsoring company withdraws your I-140.


Do we know for sure that is the case? did any one leave their job befor the 180 days and was succefully able to get his citizenship? I read that the I-140 is not valid any more if the employee leaves the job in less than 180 days, even if the sponsoring company doesn't withdraw the I-140. Has any one ever successfuuly used AC21 in a case like this?
 
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