laid off just before 485 approved - citizenship issue

[CitizenQ]

Gurus - need help!
I was laid off 9 days before my 485 was approved. It was well over 180 days after filing 485. On the approval date, I was not employed. I found a new job and started working 28 days after my 485 approval. The job title for the new job was the same as the one on the LC.
If my GC had not been approved, I could have filed for AC21 but since the approval came before I started on the next job, I did not need to.
I am planning to apply for citizenship. Will this be an issue - grounds to deny citizenship or even worse, revoke GC?
Need help.
Thanks.
CitizenQ

[nwctzn]

Gurus - need help!
I was laid off 9 days before my 485 was approved. It was well over 180 days after filing 485. On the approval date, I was not employed. I found a new job and started working 28 days after my 485 approval. The job title for the new job was the same as the one on the LC.
If my GC had not been approved, I could have filed for AC21 but since the approval came before I started on the next job, I did not need to.
I am planning to apply for citizenship. Will this be an issue - grounds to deny citizenship or even worse, revoke GC?
Need help.
Thanks.
CitizenQ

Since you immediately found a job and in the same line I guess it should not be an issue.

I am not a lawyer though, you might want to check with one to be sure.

[CitizenQ]

Thanks. Does anyone know someone in the same situation and how their citizenship interview went?
CitizenQ

[osweiti50]

I think you are fine...so you are expecting your LPR/Green Card any time...congrats and good luck..
In the N-400 application you will need to list down the name of employers you will have worked for during that period, your current new employer would be one of them...

[CitizenQ]

Thanks! Does AC21 apply after 485 approval? How can I show new job is similar to the one which GC was sponsored. This happened 9 yrs ago. I am no longer with the new employer.
CitizenQ

[osweiti50]

Please read the following, I am not good in AC21 however, see the following:

]May I still use AC21 if I left my employer before the 180-day mark?

It is possible. The fact that you have left your previous employer prior to your I-485 pending for 180 days is not the basis, by itself, for denial of your portability case. The reason is that adjustment of status is based on prospective employment, rather than an existing one. However, it is still a high-risk move. Your case will be denied if any of the following happens:

Your I-140 is withdrawn by your employer before your I-485 reaches 180 days; or
Your I-140 is denied by the USCIS at any time; or
Your approved I-140 is revoked at any time, except when it is based on a withdrawal request from your employer (not fraud related, for example) submitted after your I-485 has been pending for 180 days; or
You fail to prove that a bona fide employment relationship existed at the time of filing. So leaving too early obviously makes it more difficult to establish your case, especially if your employer is no longer willing to cooperate.

[osweiti50]

Question 2 : I lost my job before the 180-day period. Can I still use portability?

Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.