When is Right Time to Change Employer after Approval

[GC_KA_CHAKKAR]

Hi All
This is for all the Aproved folks in recent time
I think everyone would be intrested in finding whats the right time or waiting period if you are planning to chamge Employer.
If anyone has switched job Can they let us know when they did it and wait all are impications


After how many months is the right time to Change Employer, if we are planning to switch ?
How many pays tsubs should we have ??

[NJ1485MM]

If we can change employer using AC21 even before we get the approval, how does it matter?

Please add a poll button for yesterday

[voronv]

Guys,

It's a legal requirement to stay for 6 month with the current employer after approval.
But relax: from what I know it's not a disaster if you couldn't do it.

The only impact I know so far is that this issue MAY BE raised up on your citizenship interview.
The idea behind it is that you have always to obey law.

[dsatish]

Guys,

It's a legal requirement to stay for 6 month with the current employer after approval.
But relax: from what I know it's not a disaster if you couldn't do it.

The only impact I know so far is that this issue MAY BE raised up on your citizenship interview.
The idea behind it is that you have always to obey law.

I have never heard this law. Which law states that one should work for the sponsoring employer for atleast 6 months after getting the GC ? I don't think there is such a law. My personal suggestion to people (i am going to follow it) is to stick for 1 to 2 months. That should be enough. That way you can argue that you got good opportunity at that time. If you leave within a month, that looks like you have already decided to join some other company when you got the GC.

[cinta]

Guys,

It's a legal requirement to stay for 6 month with the current employer after approval.
But relax: from what I know it's not a disaster if you couldn't do it.

The only impact I know so far is that this issue MAY BE raised up on your citizenship interview.
The idea behind it is that you have always to obey law.

You are right, but there is no law yet! AC-21 provides for portability BEFORE one is approved. There is nothing to say what happens after the GC, besides the DUAL INTENT of the LC. It is widely believed that six months to a year is a good time to prove one's intent to work for the sponsoring company. But this is just a belief. Recent memos do not illustrate any furher points but make AC-21 even more difficult to interprete or apply!

[sb_tiger]

This whole thing is a big hoax- that goes on and on. There is no such rule or law- all of us know that. As regards intent (or fraud)- changing employers is not fraud or mal-intnet. At no stage of the process we state that we intend to work for anyone for any length of time. It is the employer that states he wants to employ permanently. As we all know employer can fire you at a moments notice. As BCIS does not hold employers accountible- why should the employee be held accountible. US the employment law is simple- at will.
There is no known case (that I am aware of)- in which at citizenship time- this issue was raised. There some people that want to be cautious- about what? I know at least one case in which the employee quit next day(after GC) and got citizenship - without any questions/issues.

[voronv]

I have never heard this law.

Read this:

http://www.immihelp.com/gc/employment/greencard.html

In today's dynamic market, many people want to know how long does an employee who receives employment based greencard needs to work for the same employer after getting he greencard. There is no precise answer to this question. The law say that if the employee left within 2 years, the employee has burden to prove that he/she accepted the job offer in good faith and didn't intend to leave at the time of accepting permanent residentship. If it is more than 2 years, the burden comes to USCIS to prove that. The theory behind greencard through offer of employment is that an employee is accepting a job on a "permanent" basis. But "permanent" obviously does not mean for ever as it does not make sense. But it also does not mean that the person leaves the company the day he/she gets green card. Each case would be different depending upon employee-employer relationship. But in general, staying with the same company for about 6 months to 1 year should be enough indication of permanency. "Permanent" means that, at the time the employee becomes a lawful permanent resident, neither the employer nor the employee have any plans to change the employment relationship described in the labor certification or I-140 petition. If you leave too soon, USCIS may claim that you did not intend to take the job up on a "permanent" basis. If the employer(or even a jealous co-worker)is dissatisfied with yourself leaving too soon, they can file a complaint with USCIS and USCIS may either take any action or not depending upon the circumstances. USCIS also may find about yourself leaving too soon while later applying for Citizenship or petitioning for relatives.

If USCIS finds out that the employee was just waiting for his/her immigration to be complete before jumping to a new job, then they are likely to charge fraud. If, on the other hand, it appears that the employee really did intend to stay with the petitioning employer indefinitely at the time of immigrating, but a legitimate reason later developed for leaving(like employer's business took an unexpected downturn and the employer had to lay off workers), then there should be no problem.

Even if the employer does not mind employee leaving immediately after getting the green card, it is not OK for USCIS. Both employer and employee should have good faith to have that employer/employee relationship on a "permanent" basis.

[sairam123]

Changing Employer is OK
How how changing nature of job after GC.
Means starting your own business which is not related to IT.

[cinta]

This whole thing is a big hoax- that goes on and on. There is no such rule or law- all of us know that. As regards intent (or fraud)- changing employers is not fraud or mal-intnet. At no stage of the process we state that we intend to work for anyone for any length of time. It is the employer that states he wants to employ permanently. As we all know employer can fire you at a moments notice. As BCIS does not hold employers accountible- why should the employee be held accountible. US the employment law is simple- at will.
There is no known case (that I am aware of)- in which at citizenship time- this issue was raised. There some people that want to be cautious- about what? I know at least one case in which the employee quit next day(after GC) and got citizenship - without any questions/issues.

Nobody is telling anybody what to do. This is the land of the free and the stupid (the latter is my addition).
We are just discussing the law and the lack of it. You may indeed find more than one person that got their citizenships; it does not prove anything. The whole LC, I-140, I-485 and AC-21 is a big hoax indeed. USCIS has the upper hand to revoke one's GC and even citizenship at any time for a lot of reasons and the burden is on the poor guys to prove otherwise. Being fired is different than quitting and yes there is dual intent in the I-140 application.

[hakoonamataata]

come on .. guys. We are always worried too much. We dont have to be thaaaat cautious. I second what tiger has put through. We (at least most of us) go through such a horrendous time to get this piece of plastic. Just go and enjoy it. Enjoy the freedom. Enjoy the power of being a permanent resident.

As such (at least that I/we know of), there is no such law.

[hakoonamataata]

Nobody is telling anybody what to do. This is the land of the free and the stupid (the latter is my addition).
We are just discussing the law and the lack of it. You may indeed find more than one person that got their citizenships; it does not prove anything. The whole LC, I-140, I-485 and AC-21 is a big hoax indeed. USCIS has the upper hand to revoke one's GC and even citizenship at any time for a lot of reasons and the burden is on the poor guys to prove otherwise. Being fired is different than quitting and yes there is dual intent in the I-140 application.

Just get yourself fired. Isnt that simple?

[cinta]

Read this:

http://www.immihelp.com/gc/employment/greencard.html

In today's dynamic market, many people want to know how long does an employee who receives employment based greencard needs to work for the same employer after getting he greencard. There is no precise answer to this question. The law say that if the employee left within 2 years, the employee has burden to prove that he/she accepted the job offer in good faith and didn't intend to leave at the time of accepting permanent residentship. If it is more than 2 years, the burden comes to USCIS to prove that. The theory behind greencard through offer of employment is that an employee is accepting a job on a "permanent" basis. But "permanent" obviously does not mean for ever as it does not make sense. But it also does not mean that the person leaves the company the day he/she gets green card. Each case would be different depending upon employee-employer relationship. But in general, staying with the same company for about 6 months to 1 year should be enough indication of permanency. "Permanent" means that, at the time the employee becomes a lawful permanent resident, neither the employer nor the employee have any plans to change the employment relationship described in the labor certification or I-140 petition. If you leave too soon, USCIS may claim that you did not intend to take the job up on a "permanent" basis. If the employer(or even a jealous co-worker)is dissatisfied with yourself leaving too soon, they can file a complaint with USCIS and USCIS may either take any action or not depending upon the circumstances. USCIS also may find about yourself leaving too soon while later applying for Citizenship or petitioning for relatives.

If USCIS finds out that the employee was just waiting for his/her immigration to be complete before jumping to a new job, then they are likely to charge fraud. If, on the other hand, it appears that the employee really did intend to stay with the petitioning employer indefinitely at the time of immigrating, but a legitimate reason later developed for leaving(like employer's business took an unexpected downturn and the employer had to lay off workers), then there should be no problem.

Even if the employer does not mind employee leaving immediately after getting the green card, it is not OK for USCIS. Both employer and employee should have good faith to have that employer/employee relationship on a "permanent" basis.

This is more or less what I said. This is the reality whether is right or wrong. It is offcourse wrong as the two years should have counted from the LC application not the GC; same argument for Citizenship; and the AC-21 did not fully address these issues. That is why people like Paparelli write to the Ombudsman to change certain aspects of immigration law, instead of making some on a kitchen table....
Yes, you can fire yourself anytime but the REASON of being fired becomes relevant. USCIS nowadays has no real means to find and eliminate FRAUD; so maybe that is a consolidation for some.

[sb_tiger]

What "law" is being referred here? There is no referrence.

[EAD2003]

The permanency period should ideally be counted from the date of the 140 approval. That is when the employer justifies the LC petition for an employee. The 485 is the employee's petition which doesn't involve the employer. This point can very easily be argued on if and when a situation arises after getting the GC.

[gjuly_gc]

i asked my lawyer abt changing job after gc and he said its ok to do so. so am changing now its been 1.5 months now since i got gc approved