N-400 and changing employer soon after obtaining green card

[Giaigols 1]

Hello,

 

It has been almost 8 months since I filed the N-400 so I'm expecting the interview letter any day now. As my interview date approaches, I'm getting a little bit anxious about one aspect.

 

I filed the N-400 after being a permanent resident for 6 years, since I obtained an EB2 green card (E26 category) in 2013. The problem is, I left my petitioning employer (tech megacorp) 2 months after receiving the green card (and 6 months after the I-485 was initially filed by the company). I truly had a wonderful experience at this company, I stayed for almost 5 years as they petitioned me from J1 internship, to H1B visa, to EB2 green card.

 

However, 2 months after I obtained the green card, my boss, who was also the manager at the company who basically sponsored all my immigration visas over the years (including the green card), decided to leave the company to start his own tech business, as it is very customary in the tech scene. While doing so, he asked a few top performers of the team if they wanted to join him, and I was among them. I decided to accept since it was a very unique career growth opportunity.

 

It's important to notice that, even if I changed employer, my title, role and tasks have been the same as my former job (software engineer). 6 years later, I'm still at this company, so I've basically been working for more than 10 years for the same boss, who is also the one who sponsored my green card in the megacorp.

 

I am planning to bring evidence of this in the N-400 interview (bring the resume of my boss, offer letters, ...), and am wondering if I can get in trouble because my green card petition could be interpreted as fraudulent (which it wasn't, I really was in good faith and truly had no intention of ever leaving my former employer before this other opportunity suddenly came up)?  

 

Other than that, my application is completely clean, I just have a couple minor traffic tickets for which I already obtained a certified court disposition.

 

Thanks

[Lil bear 4,252]

52 minutes ago, Giaigols said:

Hello,

 

It has been almost 8 months since I filed the N-400 so I'm expecting the interview letter any day now. As my interview date approaches, I'm getting a little bit anxious about one aspect.

 

I filed the N-400 after being a permanent resident for 6 years, since I obtained an EB2 green card (E26 category) in 2013. The problem is, I left my petitioning employer (tech megacorp) 2 months after receiving the green card (and 6 months after the I-485 was initially filed by the company). I truly had a wonderful experience at this company, I stayed for almost 5 years as they petitioned me from J1 internship, to H1B visa, to EB2 green card.

 

However, 2 months after I obtained the green card, my boss, who was also the manager at the company who basically sponsored all my immigration visas over the years (including the green card), decided to leave the company to start his own tech business, as it is very customary in the tech scene. While doing so, he asked a few top performers of the team if they wanted to join him, and I was among them. I decided to accept since it was a very unique career growth opportunity.

 

It's important to notice that, even if I changed employer, my title, role and tasks have been the same as my former job (software engineer). 6 years later, I'm still at this company, so I've basically been working for more than 10 years for the same boss, who is also the one who sponsored my green card in the megacorp.

 

I am planning to bring evidence of this in the N-400 interview (bring the resume of my boss, offer letters, ...), and am wondering if I can get in trouble because my green card petition could be interpreted as fraudulent (which it wasn't, I really was in good faith and truly had no intention of ever leaving my former employer before this other opportunity suddenly came up)?  

 

Other than that, my application is completely clean, I just have a couple minor traffic tickets for which I already obtained a certified court disposition.

 

Thanks

Once you obtain the LPR status , the requirements of the initial employment based visa no longer applies. You are free to work for anyone you want to ... 

[USS_Voyager 1,972]

46 minutes ago, Giaigols said:

It's important to notice that, even if I changed employer, my title, role and tasks have been the same as my former job (software engineer)

You answered your own question right there. I think you know the answer, you just need someone to confirm. Yes, it is perfectly fine to leave the employer that sponsored your green card. Your Labor Certification was based on a position (software engineer), not a company. As long as you continue to work in your field in a job that is “same or similar” with the one posted on the LC, you’re fine. 

 

“Same or similar” is 50% or more.

 

So in short, as long as you didn’t quit your job like the next day after you got your green card and open an Indian restaurant, you’re fine.

 

 

[dilip 187]

9 hours ago, Giaigols said:

Hello,

 

It has been almost 8 months since I filed the N-400 so I'm expecting the interview letter any day now. As my interview date approaches, I'm getting a little bit anxious about one aspect.

 

I filed the N-400 after being a permanent resident for 6 years, since I obtained an EB2 green card (E26 category) in 2013. The problem is, I left my petitioning employer (tech megacorp) 2 months after receiving the green card (and 6 months after the I-485 was initially filed by the company). I truly had a wonderful experience at this company, I stayed for almost 5 years as they petitioned me from J1 internship, to H1B visa, to EB2 green card.

 

However, 2 months after I obtained the green card, my boss, who was also the manager at the company who basically sponsored all my immigration visas over the years (including the green card), decided to leave the company to start his own tech business, as it is very customary in the tech scene. While doing so, he asked a few top performers of the team if they wanted to join him, and I was among them. I decided to accept since it was a very unique career growth opportunity.

 

It's important to notice that, even if I changed employer, my title, role and tasks have been the same as my former job (software engineer). 6 years later, I'm still at this company, so I've basically been working for more than 10 years for the same boss, who is also the one who sponsored my green card in the megacorp.

 

I am planning to bring evidence of this in the N-400 interview (bring the resume of my boss, offer letters, ...), and am wondering if I can get in trouble because my green card petition could be interpreted as fraudulent (which it wasn't, I really was in good faith and truly had no intention of ever leaving my former employer before this other opportunity suddenly came up)?  

 

Other than that, my application is completely clean, I just have a couple minor traffic tickets for which I already obtained a certified court disposition.

 

Thanks

http://www.kuzminalaw.com/immigration-articles/employment-obligation-to-employer-after-green-card-approval

[arken 4,197]

USCIS even allows changing jobs in a similar position if i485 is pending for 6 or more months, so don’t worry about it. But yeah, bring your new employment offer letter or your duties n responsibilities description just in case you are asked about it, highly unlikely though.

[Giaigols 1]

Thank you for all the very informative responses, I feel better!