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Posted

Hello all,

I am hoping one of you gurus would be able to offer some insight in to this situation.

One of my friends started as an F1 visa student who then got a job on an EAD. This from the way back days when the H1-B quota first ran out.

While waiting for the next fiscal year's H1B, he worked without authorization for the same company. He also enrolled back in school to get an F1 and maintain his status. He later managed to get an H1 and eventually his green card.

Fast forward to now almost 12 years later since his EAD, he is still with the same company.

He recently applied for naturalization. As he never changed jobs, when asked on the n400 form for employment history, he indicated having worked at the same place for 12 years. These 12 years cover the time where he was temporarily working without authorization, and going to school on an F1 at the same time to maintain his status while waiting for his H1B.

Can any of you offer an insights as to what kinds of questions he can expect when they review his job history portion of the N400? It literally only has one job listed in there. Since they would have the applicant's entire immigration history, how likely are they to ask if he was working during that whole time and also when he was on F1just prior to H1B. If asked I advised to answer honestly. Lying would be a really bad position to be caught in. Would a history like this be considered a disqualifying factor for naturalization?

Any insights you would have to offer would be greatly appreciated.

Thank you to all in advance.

Posted (edited)

The interview will focus on the 5 years leading up to his citizenship eligibility and n400 filing. But they may still ask about the basis of his GC and may even review his employment history, but IO will likely focus on whether he meets the eligibility requirements for naturalization i.e. pays taxes, no criminal history, no extended trips overseas, field office has jurisdiction etc. Your advice is good. If he is asked direct questions about employment while on FI then he should be honest and keep his responses to the point. How did he handle this issue during his GC interview?

Edited by NexGen
Posted

I can give you an example of my recent N400 interview. During the interview, the interviewer did not go back all the way and ask questions about the employment prior to green card or while I was on H1 or EAD. As NexGen mentioned, they are more concerned about the time period while you were on the green card. Again it was my experience but it can differ for others.

Thank you for the info!
Luckily enough, even though it was listed on the forms for the GC, he didn't get asked about it. The case was processed via a consular interview instead of an AOS inside the US.

 
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