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Can the employer revoke our green card ?

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  • Can the employer revoke our green card ?

    I just received my green card. If I quit my job now, does anybody know if my employer can revoke my green card from USCIS? Thanks.

  • #2
    Originally posted by JoeF
    The employer can not revoke it (that woudl be CIS' task), but the employer can of course complain to CIS if he thinks that you just used him to get the GC. CIS could then investigate the matter, and at the end of such an investigation could be a revocation of the GC.
    At the time of becoming a PR, you have to have the good faith intent to work for the employer. Changing jobs soon after getting the GC puts that in doubt, and in case CIS investigates, the burden is on you to show that you had the required intent.
    See the numerous threads on that topic here.
    Thanks ****. I have already worked for my employer for 5 years, would that be a good enough reason for USCIS? Do you know of any people whose GC got revoked because of the employer complaining to USCIS?
    Thanks.

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    • #3
      Thanks ****. Your information helps a lot.

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      • #4
        I don't think it should matter at all, now with the AC21 there are several people who change their jobs even before their GC is approved. As a matter of fact AC21 was brought in to stop the exploitation of employees by employers on the name of GC.

        Also, any employment contract always work on good faith between employee and employer. If an employee loses faith on employer or vice a versa, then anyone can decide to terminate the contract and go forward. Though it was thought earlier that one should stick to the same employer for at least 6 months after the GC approval and I know of some employers (like my previous one) who get you to sign a document stating that you will not leave the organization for 1 year after your GC approval. But, I don't see anybody adhere to these after the introduction of AC21.

        Why should only an employee be obligated to stay with the employer for whatever period of time after his GC, when employers do not have such an obligation at all.

        I do agree to the fact that the GC is for future employment, and at the time of filing for a GC both employee and employer are assumed to have good faith in each other and they are looking forward to a possibility that their relation will continue for more time than allowed by the work visa validity. Therefore employer and employee go ahead and file for GC so that both of them are free from the hastles of filing for visa time and again. But, if the relationship goes sour down the road and they decide to part then AC21 allows them to do so.

        Above is just my opinion -- it is not an expert statement or advise, consult a lawer for exact provisions in the law

        Thanks
        Thukral

        PS: Please use this information on your own risk. I'm not an attorney or immigration specialist. My comments are based purely on my experience and knowledge and I may be wrong. Please consult your lawyer for the latest and greatest and most accurate information.

        Comment


        • #5
          When two people get married, the intention would be to live with each other for lifelong. But, it doesn't mean they will, right ! if some thing goes wrong they take divorce.

          Similarly GC also, if the relationship sours down the road, either employee or employer can cut the cord.

          But, changing the employer or firing the employee immediately soon after the GC approval gives some kind of wrong signal to the USCIS. So, to the caution side, it is better to stick with each other for couple of months at least.

          General thumb rule is 6 months and above. I know, We can argue on this forever (I happened a lot in this forum). So, it is just all your common sense.
          =========================================
          I am NOT a Lawer, I don't take any resposibility for accurary of information provided. Please use at your own risk.
          =========================================

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          • #6
            I think its a lot better if USCIS comes up with a conditional GC (for employment based GC) so that people know what they are getting into.
            (if they can comeup with conditional gc for marriage GC - they can come up with employ based as well)

            similar to the marriage anology. the reason its an annulment not a divorce for britney et al.... is that they turn back the clock and erase all trace of a marriage ever happened. (i.e u can put unmarried instead of divorcee)
            - so with the conditional GC u can be sure that u have to stick with the employee for certain period of time - or else u were never a GC holder.

            p.s: this anology is presuming that USCIS wants u to stay with company for some time after ur GC. ofcourse the argument could be that the employ based GC is not conditional (for employ based) because USCIS does not really care how long u r with the company int he first place.
            -

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            • #7
              isnt commiting fraud illegal. i think if USCIS proves u commited fraud - after u left the company next day after getting ur GC - then they cna deport u after arresting u.
              Originally posted by JoeF
              There is no requirement to stay with the employer for some time. There is, however, a requirement to have the good faith intent to work for the employer.
              Just like it is not illegal to file for divorce the day after marriage, it is not illegal per se to leave the employer the day after getting the GC.
              However, just like it looks as if your marriage vows were hollow if you file for divorce the day after marriage, it looks as if you didn't have the intent to work for the employer if you leave too early.

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