Changed Employer before GC approval without filing AC21


ApnaGC

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Posted

I am planning to apply for Citizenship and filing for N400, but i changed my employer 

Filed for I140 and I485 during the 2007 fiasco throug Company A- 
I140 and 485 filed -8/8/2007;
I140 approved- 7/16/2009;
Changed job to Company B - 12/28/2009(without AC21, but similar job responsibilities) and still with the same company B for last 7 years;
Green Card approved-7/10/2011
Will there be an issue with my N400 application, as it has a question on your current employer and the start date is before the GC approval, please advise? the job profile is very similar and the state of labor filing is same as well.

Posted

You were required to work for the employer who filed the I-140. A change in employers required filing AC21. You didn't, so you were required to work for the original employer when the GC got approved.

This could cause lots of problems for you, including fraud accusations. You need to see a good immigration lawyer.

Posted

It should not matter. You did use provisions of AC21. No rule saying they should be informed. Set up a consult with the firm of Murthy or any of your choice to keep you covered in the extremely unlikely event of any trouble. I think there is no issue.

Posted

Thank you JoeF and Pontevecchio, but looks like the two most experienced members that i was expecting a reply from have very contrasting views on this issue, which is obviously very scary. 

I had read earlier, that AC21 was not mandatory nor it has any form to file so i can report if i recieve an RFE, but the GC got approved without any RFE.

 

Posted

Instead of listening to our pontification, get hold of the firm of Murthy and discuss your situation. AC21 is just a regulation and does not mandate informing the USCIS. You should let us know in brief what eventually happened and what the lawyer guided you about.

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