will I face problems for citizenship if changed job just before green card

S

sandeepM

Registered Users (C)
HI,
I received my green card in may of 2001.
Just before that I was laid off in April. Since I knew beforehand I was able to obtain and join another job in similar field with similar pay right away.
My 485 application was well over a year old at that time, so I assumed AC21 will hold good and I basically did nothing after joining the new job and got my approval in may2001 and subsequently the plastic card in another year.

Now I want to find out if this will create any issues during citizenship.

My old company( the one that initially sponsored me) was a contracting company, and since then in 2002, I have even had 3 interviews through them for other positions which didn't work out though...
can this be shown as an intent to go back to the original employer ?


Thanks
 
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Job change

Sandeep,

It seems that AC21 should hold good for you. However, the only difference is you haven't informed INS (I still prefer to call INS, now known as BCIS) about using AC21. Since it is too early to see how INS reacts to AC21 cases for Citizenship. You may contact attorney, but even they may not have any solid info as AC21 citizenship cases are still not there.

All the best, and pl. keep us informed.
 
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I am in a similar situation. I got my GC in July 2001 and just a few days later, got a letter from my employer (who sponsored my GC) that i have been laid off.

I would like to apply for citizenship as soon as I complete 4 years and 9 months on GC which would be April 2006 but because i was laid off the next day of my getting GC, I'm a bit worried.

PPl have suggested to wait till 5 years + 1 month in such situations *but* that would delay my husband's GC application that i plan to file as soon as i get naturalized.

So, anyone any suggestions, Rahul? Should i wait till 5yrs + 1 month or take a risk and file as soon as i complete 4 yrs+ 9 months.

Thanks in advance!!
 
first of all, there is no advantage for applying based on 4 years + 9 months or 5 years + 1 month. People come up with some strange stuff lol.
second, you don't have to be a US citizen to sponsor you husband. If you are a permanent resident, you can sponsor him for a green card. please refer to the USCIS website and look for " how do i " section. You should find what you need there. Good luck.
 
sony55 said:
first of all, there is no advantage for applying based on 4 years + 9 months or 5 years + 1 month. People come up with some strange stuff lol.
second, you don't have to be a US citizen to sponsor you husband. If you are a permanent resident, you can sponsor him for a green card. please refer to the USCIS website and look for " how do i " section. You should find what you need there. Good luck.
Click to expand...
A GC holder wife can sponsor a husband. No doubt. But it will take around 5 years to get a GC for husband and mean time he has to maintain his onstatus till his I130 get approved. While if wife is a USC, husband don't have to maintain his on status, he can have a work permit and he will get a GC in around a year.
 
Thanks for replying guys

Yes, i have already filed for him under family-based LPR spouse category (and forgotten about it as we're not going to hear about any progress on that front)

But my question still remains - Will I experience any problems if I apply for citizenship right after completing 4yrs + 9 mths (as i was laid off the next day of getting my GC) OR should i wait till 5yrs+1 month.

?
 
madhuri_dhar said:
Thanks for replying guys

Yes, i have already filed for him under family-based LPR spouse category (and forgotten about it as we're not going to hear about any progress on that front)

But my question still remains - Will I experience any problems if I apply for citizenship right after completing 4yrs + 9 mths (as i was laid off the next day of getting my GC) OR should i wait till 5yrs+1 month.

?
Click to expand...

Madhuri,

You should be fine. There have been many discussions on this forum (mostly in I-485 sub-forums) about this question of what happens if you are laid off soon after GC. The consensus opinion has always been that if the employer threw you out, the you did not violate the intent to work long-term for that employer. So, there is no case of GC fraud from your side, which is all the USCIS cares about. Just make sure to keep a copy of the layoff letter to prove that it was the employer that forced you to leave the job.

And as far as 4 yrs + 9 mo vs. 5 yrs + 1 mo, as I see it makes no difference. They will not approve/deny based on whether you filed N-400 now or 4 months later.
 
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No, no problems at all. Lay off is beyond your control. plus , you got the green card already, you can do whatever now. You can be unemployed, employed, whatever. It doesn't matter to get a job or not since you are a permanent resident. I can assure you that. Also, you should use the 4 + 9months rule. unless you are not in a hurry, then you can do whatever, even wait undefinitely.
good luck
 
ok, i'll look at the I-485 sub-forums.
I think one of the reasons to wait till 5 yrs + 1 mth (vs 4 yrs + 9 mths) in such a situation is is that i think somewhere in the natz form, they ask for your 5yrs employment history. So you don't even have to mention about the employer who sponsored you .. Again I am not sure because that's still is a problem since it'll still show it's not the same employer as the one who sponsored you.
 
i only had jobs go back for only 3 years back, then started college. No problem at the interview that i had on Feb 7
 
what about my query?

I had asked what if one gets laid off JUST BEFORE...getting 485 approval.?
see the original question of this thread
 
sandeepM said:
I had asked what if one gets laid off JUST BEFORE...getting 485 approval.?
see the original question of this thread
Click to expand...

That is what AC21 is there for. If you can prove that the following were true as of the day of the layoff, you should be ok (in my opinion)

1) Your I-140 was approved
2) Your I-485 was pending for at least 180 days
3) You moved to a "similar" job
 
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