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Used EAD before GC approval in a different job due to layoff.

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  • Used EAD before GC approval in a different job due to layoff.

    My employer went out of business about 5 months before my GC got approved. So I have used my EAD and got a job which did not match the one listed in the GC. So no AC21 for me. I ended up changing careers eventually.

    Is this going to cause a problem in my N400 which is coming up soon. I will consult a lawyer but what do you think?

  • #2
    It could if the IO drills down deep into your case.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Originally posted by txh1b View Post
      It could if the IO drills down deep into your case.
      My understanding is (just reading here) that they have to verify GC eligibility. SO I gues they will... if I file N400. Had they approved my GC in a timely matter, this would not be an issue.

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      • #4
        Had they....Approval of GC is based on visa availability and you cannot use that excuse. You changing your job to a different employer without AC21 itself might be an issue if USCIS wants to make one out of it and consider the entire GC fraudulent. This is the worst case scenario.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b View Post
          Had they....Approval of GC is based on visa availability and you cannot use that excuse. You changing your job to a different employer without AC21 itself might be an issue if USCIS wants to make one out of it and consider the entire GC fraudulent. This is the worst case scenario.
          I know. I am pretty scared to file that N400.

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          • #6
            Originally posted by Huncowboy View Post
            I know. I am pretty scared to file that N400.
            When you file I-90 it will still come to light.
            Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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            • #7
              Originally posted by PraetorianXI View Post
              When you file I-90 it will still come to light.
              Could you please explain.

              I think we will still file N400. If they reject so be it. Back to the EU. It seems we were going to leave anyhow eventually. But after having spent 10+ years and some $20k on legal I would be disappointed to not get that passport.

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