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  • file now or in a few years

    My green card was approved through employment ( I am a 245i benefitiary). I worked for the company that was sponsoring me for 4 years. Right after getting i-140 approved, they laid me off. I was supposed to go back to them after the GC was issued but the crisis hit and once my gc was approved I showed up to work (my AOS processin lasted only 90 days).

    One week after my GC was approved they gave me a letter saying the position was being eliminated due to slow sales.

    I went to work for another employer and alas! 5 years went by and now I want to become a USC.

    Should I wait a couple more years so my sponsoring employer is not listed on the application? I can wait. I just do not know if they always ask you about the sponsoring employer on the interview or not.

    Please advise.

    R****68

  • #2
    I don't think that the USCIS asks the N-400 applicant about the Green Card sponsor. If I may advise I would suggest that if all N-400 eligibility requirements are met then go ahead and file your N-400 right away. Go through N-400, Question I guess 6B asks about your working history during the last five years immediately before your filing date, see that.One thing more if the layoff took place 6 months after I-485 was filed then You can use USCIS "AC21" rules as well. Good Luck
    Last edited by osweiti50; 06-13-2012, 05:35 AM.

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    • #3
      Originally posted by Roger68 View Post
      My green card was approved through employment ( I am a 245i benefitiary). I worked for the company that was sponsoring me for 4 years. Right after getting i-140 approved, they laid me off. I was supposed to go back to them after the GC was issued but the crisis hit and once my gc was approved I showed up to work (my AOS processin lasted only 90 days).

      One week after my GC was approved they gave me a letter saying the position was being eliminated due to slow sales.

      I went to work for another employer and alas! 5 years went by and now I want to become a USC.

      Should I wait a couple more years so my sponsoring employer is not listed on the application? I can wait. I just do not know if they always ask you about the sponsoring employer on the interview or not.

      Please advise.

      R****68
      This issue might not come up. And even if it comes up, a lay-off is beyond your control and will not raise a red flag with USCIS. I do not see any obstacle for you to apply now. If this issue comes up during the interview, you can explain to the officer truthfully what happened. The key point is always to disclose everything truthfully to the USCIS and you will be fine.

      Best of luck!

      --

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