Leaving Employer Soon After Gc....

[qwertyisback]

malacious posting.

ignored

TRC, you might issue some warning to above poster, who is not following proper language manners.

[selak]

I have a question but I couldn't find clear answer, maybe somebody can help me.

I have been working for my company for 16 months and got my greencard recently my contract is for 18 months so it is about to finish.
When my contract is over in 2 months , do you think I can change my job without a trouble.

thank you

[arizonian]

I have been silently following this thread but QwertyIsBack and Picaso leave me with no choice but to intervene.

Judging by the quality of information and language of the posts by QwertyIsBack and Picaso, I am forced to conclude that they are in the US as agricultural laborers.

If their posts are any reflection of their real life, I seriously doubt that they will qualify for anything else. (And probably not even as agricultural laborers !)

Now that we have this additional information, maybe we will be more forgiving.

**** and TheRealCanadian have discussed the issue really well, and in my opinion, the issue of intent can be applied very broadly since there is no specific law. One does not however want to be the first case where such a decision is actually made.

That said, let me share something with you. Many physicians come to the US on a J1 and ultimately get "J1 Waivers" after finishing their training on a J1. These "Waiver" jobs are usually in medically underserved areas where US citizen MDs do not want to be. These waivers were for one year, but now you have to be in the area for 3 years. Until about 1995, a MD could apply for the GC and get it anytime. Many MDs left before completing the waivers under one pretence or the other. USCIS finally caught up, and now you can have a labor certification and I-140 approved even before you join, but cannot apply for I-485/consular processing through labor certification before you actually finish the three years. My point is that if we have enough of QWERTYs and PICASSOs, it is only a matter of time before USCIS comes up with a regulation to this effect. By leaving immediately we not only potentially jeoperdize our permanent residence, but also screw everyone else behind us.

And mind you, I am just suggesting that one stay for a "reasonable" period to show good faith and intent. I am not suggesting any time-frames.

[TheRealCanadian]

If a timeframe for changing employers was essential after becoming a LPR, don't you think the CIS would make sure the LPRs know about it? Just follow this simple logic.

One thing to keep in mind is that over 85% of all immigrants are not sponsored by their employer, so this whole notion would be completely irrelevant to their situation.

Can any of you without referring to your own immigration attorneys point out to one sentense in the USCIS files where it says how long a person should stay with a respective employer after being approved as a LPR?

While Joe will probably disagree with me since it references a non-immigrant case, I personally believe that Seihoon v. Levy would apply here - the 30/60/90 day rule.

To be honest, I'm a great proponent of the "decent interval" doctrine - don't quit the day after you get approved, but you don't need to stick around for a year or two either. 3-9 months probably won't raise an eyebrow. Less might not be fatal either, but it might cause a delay or issues at naturalization time. Then again, it might not.

[Rajiv S. Khanna]

Hello everyone. I happened to be passing through (periodically I run a search for "khanna" or "Rajiv" to see if I can help somewhere and just to lurk) and spotted this discussion. I am very impressed with the depth of your understanding but laws are rarely simple. I am still of the following view:

The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.

By the way, do not assume you know more about the law than good, competent lawyers. Just as I can program till I am in the blue in the face, I will never have the depth a good, competent software pro would; so it is for law and lawyers. But note the words "good, competent." I try to be one. Most times I succeed. But I do make mistakes - may be one or two every few years. So if the info I give looks like misnformation, it could be just that or it could be your misunderstanding.

I take trmendous pleasure in your ability to freely talk about things that matter to you. Thanks for making this a free, open, always helpful (and usually responsible comunity). Good luck.


PS I doubt very much CIS would go so far as to deny citizenship where an employee left too soon. Under the current scheme of things (AC21, processing delays) such a case would be a bad case for CIS to fight. So as one community member said, don't worry.

[yeppo]

Thanks a lot Rajiv for this advice and all other.

This is one topic that has been argued to death. Hopefully this should be the end of it. I say hopefully very slowly....

Rgds,

Yeppo

[qwertyisback]

PS I doubt very much CIS would go so far as to deny citizenship where an employee left too soon. Under the current scheme of things (AC21, processing delays) such a case would be a bad case for CIS to fight. So as one community member said, don't worry.

Thanks Rajiv for clarifying this matter once for all. As you suggested , most important thing is don't worry and thats what most of senior members of this forum are suggesting all the time.(including me ). Your timely posts confirms majority's take on this issue. Thanks Again.

[Jharkhandi]

Thanks Rajiv for clarifying this matter once for all. As you suggested , most important thing is don't worry and thats what most of senior members of this forum are suggesting all the time.(including me ). Your timely posts confirms majority's take on this issue. Thanks Again.

qwerty - what a serious post from your side - I wish they make it a sticky!

Welcome back!

[arizonian]

Three cheers for the "senior members"

[pralay]

Three cheers for the "senior members"

Do they get senior discount?

[arizonian]

Unlikely under the circumstances.

I was referring to the self proclaimed "senior members".

"most important thing is don't worry and thats what most of senior members of this forum are suggesting all the time.(including me ). "

[pralay]

qwerty - what a serious post from your side

Eventually!!!!!!!!!

[a.bhai]

Thank you very very much Rajiv,

I am very glad to read your opinion decorated with ....DON'T WORRY......

Thanks once again.

[Participant]

Thank you Mr.Rajiv Khanna for expressing your opinion on the issue,considering the present context of changes.
Moderator:can you please update the thread 'Rajiv's opinion on 'changing job' after GC ' posted earlier by you ,with his latest opinion.?Thanks.

[dsatish]

I am glad that Rajiv has expressed the "Don't worry" opinion on this issue. The law can't be interpreted very clearly on this topic and hence CIS will not act against any one, especially when there are no regulations on this issue. It's time for people to stop arguing on this issue, beating one another (and putting their ego's to rest). I was so fed up with fightings in this forum that i have stopped visiting this forum.

[Fort_User]

Rajivji's Don't Worry has Million $ worth in this context.

It wiped out several guys Sadness. Some guys ignorance too.

Mr Khanna definitely would have come across any case (Had CIS screwed Citizenship for some body due to earlier job change). Because any one who is in trouble with CIS would get Mr.Khanna's opinion.

So, i beleive stongly, there is no case got screwed up in Citizenship level due to early job change.

****, Paralay etc.. need not write like, I read some where...one fellow got into trouble while applying citizenship due to early job change blah..blah..

[pralay]

Rajivji's Don't Worry has Million $ worth in this context.

It wiped out several guys Sadness. Some guys ignorance too.

You understood his whole plain English posting (not just postscript), right? Things are not so blank and white as you were trying portray all along (including in Texas I-485 fourm).

[arizonian]

my friend, you are absolutely correct . Both suckers are waste and nothing else but completely shame on their lives. I don't understand why moderator allow to post such disguisting minds. On other forums, they are gone.., moderators don't allow crap from these suckers..

What moderators should not allow is posts like yours, which are abusive and misleading. Plese mind your language while posting on forums where there is a reasonable expectation of decency.

Quoting Mr. Khanna himself: "But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary"

He is telling you to be cautious. It is misleading to tell everyone "not to worry" and leave as soon as you get your GC. People come to these forums to get reasonable advice, and not false reassurances from people like yourself.

[pralay]

I don't understand why moderator allow to post such disguisting minds.

It pretty simple. Their rational is better than yours...definitely.

On other forums, they are gone.., moderators don't allow crap from these suckers..

Well, we know who are "gone" or will be "gone" in many forums - someone who keeps praying. When? Immediately after getting GC from the "Lord" (USCIS is lord? ). "Suckers" will be here unfortunately

[Fort_User]

He is telling you to be cautious. It is misleading to tell everyone "not to worry" and leave as soon as you get your GC. People come to these forums to get reasonable advice, and not false reassurances from people like yourself.

Our point is "yes. we have to be cautious". But don't scare people without evidence. (I read some body's Citizenship got screwed blah blah etc....based on your own night dreams).

While Rajiv S.Khanna himself has not come across any such case, why these half boiled people are jumping and scaring people without evidence?

[Fort_User]

And btw, insulting people makes you come across as yet another immature child. If you want to be taken seriously, I suggest you use watch your manners.

Hi ****,

My intention is not to hurt/insult any body.

However, before talking ill about anything, be cautious. Good wishes need not have evidence. But bad wishes need evidence. That's why Law always look for evidence before punishing.

[redsoxfan001]

Hi Rajeev,

I read your comment and thought let me ask my question to you only. I dont know how peculiar it is but this is my case. I have my 140, EAD and advance parole with me for more than a year now but 485 is pending. The company I work for right now seems not going in any direction and before something hits us I want to look for my options. But I am not sure if I can change job at all? and if so then what's involved. With regards to leaving the company I never really intended to do so but with current atmosphere here things do not look bright for the future.

This is a wonderful website you have created here and I do appreciate your time in answering all these questions.

Please feel free to let me know if you need any particular information about me.

Best Regards,

Amish Parikh

[Rajiv S. Khanna]

There are two ways to do this. You can utilize AC 21's portability and get a job similar to the labor cert job. Or, you can start a new green card through a new labor cert and transfer your priority date. If this is not clear, log in to our next conference call. I think it is Thursday. If you prefer one on one time with me and dont mind paying our consultation, contact Rita in our office for a time.

Good luck. Regards. Rajiv.

Hi Rajeev,

I read your comment and thought let me ask my question to you only. I dont know how peculiar it is but this is my case. I have my 140, EAD and advance parole with me for more than a year now but 485 is pending. The company I work for right now seems not going in any direction and before something hits us I want to look for my options. But I am not sure if I can change job at all? and if so then what's involved. With regards to leaving the company I never really intended to do so but with current atmosphere here things do not look bright for the future.

This is a wonderful website you have created here and I do appreciate your time in answering all these questions.

Please feel free to let me know if you need any particular information about me.

Best Regards,

Amish Parikh

[Aakash28]

Hello Rajiv/experts,

I greatly appreciate your portal - have been very useful so far.

I have a big concern about my "leaving the employer after getting the GC" - This issue has never been clear to me. I am planning to leave my employer exactly 6 months after I get my GC. Should I be concerned regarding the effect of this on my Citizenship or GC renewal?

Also, my employer has gone through organizational changes couple of times ad I am very concerned about it's ipact on my future immigration-related petitions - They started of as Company A as a subsidiary of Company B at Cambridge, MA (before filing my GC) then Company B separated into Company B and Company C - with Company C taking over the operations of Company A. Now this Company C is at a different location in Cambridge, MA. Should I be concerned witht these structural changes that my sponsoring company undervent? What would I have to do in-oorder to avoid any issues later?

Thanks

[redsoxfan001]

Thanks a lot Rajeev. I much appreciate your reply. You have answered my concerns for now. As for going with one of two ways you suggested, I shall decide on that when I face the situation.

Once again very much thanks for your post and this website as a whole.

Best Regards,

Amish

There are two ways to do this. You can utilize AC 21's portability and get a job similar to the labor cert job. Or, you can start a new green card through a new labor cert and transfer your priority date. If this is not clear, log in to our next conference call. I think it is Thursday. If you prefer one on one time with me and dont mind paying our consultation, contact Rita in our office for a time.

Good luck. Regards. Rajiv.

[adjust20]

Hi,
I was hired by comapny A on a contract for 3 years. It was expired 2 years ago and renewed every year. I have multiple degrees and since i am capable of doing more my employer wished me to stay.

My other degrees are more in demand now and i want to use them but i am stuck with GC process.

My question is if i finished my next year contract which will ending in August 2007 Can i leave the compnay. i am assuming my GC will be due around same time. Now my employer have more people to replace me. they will be happy for me.
Please advice