Changing employer after 4.5 months

[aajtak]

All,

I have been reading in the forum that good time to leave the sponsoring employer is minimum 6 months to 1 year after I-485 approval.

In my case, I got my I-485 approved, GC stamped and received Green Card. I want to change my employer after period of 4.5 months after my I-485 approval. I am getting approx. 25% raise in my salary. Is it a good idea to join the position with new employer. I have asked them if they can wait for another 1.5 months and they have refused. Please let me know what are the possible implications of joining the new employer. I don't hope to get this much salary hike anywhere else.

Your inputs are appreciated.

Aajtak

[GCLookup]

Originally Posted by ****

Don't get too hung up on the 6 month period.

Correct, should be fine, but consult lawyer for clarification.

[AmericanWannabe]

Originally Posted by aajtak

All,

I have been reading in the forum that good time to leave the sponsoring employer is minimum 6 months to 1 year after I-485 approval.

In my case, I got my I-485 approved, GC stamped and received Green Card. I want to change my employer after period of 4.5 months after my I-485 approval. I am getting approx. 25% raise in my salary. Is it a good idea to join the position with new employer. I have asked them if they can wait for another 1.5 months and they have refused. Please let me know what are the possible implications of joining the new employer. I don't hope to get this much salary hike anywhere else.

Your inputs are appreciated.

Aajtak

How did you get contact with this new potential employer?
If they initiated or some recruiter initiated, then document
that. On the some HR forms, there is a question
"why do you leave the previous employer".

Make sure you write down something like
"I never intended to leave the previoys company and I
decided to work for them the rest of my life. But
You come to ask me to join you over and
over again. I figured that I can serve the national interests
of USA better if I join the new company and so I did"

[aajtak]

AmericanWannabe,

Thank you for the response. I got in touch with new employer through a recruiter. I don't understand how filling up HR forms using some specific language will help me in my immigration matters. Please advice.

Aajtak

[AmericanWannabe]

Originally Posted by aajtak

AmericanWannabe,

Thank you for the response. I got in touch with new employer through a recruiter. I don't understand how filling up HR forms using some specific language will help me in my immigration matters. Please advice.

Aajtak

If your new employer or some recruiter on their behalf initiate contact
with you, then there is no circumstantial evidence to show
you don't have the intent to leave your previous employer.

If you initiate the contact (especially if the first
contact was done even before GC is approved), then it is
circumstantial evidence that you did not have the
intent to work for your sponsor.

So on your new empooyer's form regarding the
reason why you left the previous emploer (the GC
sponsro). never write anything negative like
(salary is too low, work not changening,
boss not nice). On the contrary, write
good sthing about them, and try to
make words sound like you wanted to stay
there but someone grabbed you away.

I was converted from consultant to permanent employee
while I was working for a consuling firm that sponsored
my GC. On the client's form, I wrote the
reason why I left the previous employer: "The client
kept asking me to join them"

[aajtak]

AmericanWannabe,

Thank you for the advice. I will keep this in mind while filing HR form.

Aajtak

[desi74]

Originally Posted by AmericanWannabe

If your new employer or some recruiter on their behalf initiate contact
with you, then there is no circumstantial evidence to show
you don't have the intent to leave your previous employer.

If you initiate the contact (especially if the first
contact was done even before GC is approved), then it is
circumstantial evidence that you did not have the
intent to work for your sponsor.

So on your new empooyer's form regarding the
reason why you left the previous emploer (the GC
sponsro). never write anything negative like
(salary is too low, work not changening,
boss not nice). On the contrary, write
good sthing about them, and try to
make words sound like you wanted to stay
there but someone grabbed you away.

I was converted from consultant to permanent employee
while I was working for a consuling firm that sponsored
my GC. On the client's form, I wrote the
reason why I left the previous employer: "The client
kept asking me to join them"

this all seems to be a bulshit to me. i mean based on latest immigration laws (AC21), you can change your job after 6 months of filing of your 485 application so far your job is in the same category for which your 485 was applied for. I know so many people who changed their job after 6 months of filing their 485 application and then they got approved while they were working for ther new employer. They did not even inform INS about the change of the job. INS send them the RFE and they send the employment letter from their new employer and they got approved. So if it is OK to change your employer after 6 months of filing 485 application, how come it is not OK to change your employer after 485 is already approved. think abt it.

So, i gues technically, after this new Law AC 21, there is absloutly no need of working for your employer after your green card is approved.

[GCLookup]

Originally Posted by desi74

this all seems to be a bulshit to me. i mean based on latest immigration laws (AC21), you can change your job after 6 months of filing of your 485 application so far your job is in the same category for which your 485 was applied for. I know so many people who changed their job after 6 months of filing their 485 application and then they got approved while they were working for ther new employer. They did not even inform INS about the change of the job. INS send them the RFE and they send the employment letter from their new employer and they got approved. So if it is OK to change your employer after 6 months of filing 485 application, how come it is not OK to change your employer after 485 is already approved. think abt it.

So, i gues technically, after this new Law AC 21, there is absloutly no need of working for your employer after your green card is approved.

You are correct. There is nothing in the LAW to conclude otherwise.

Aswell, there is ODD GUY OUT here who gives some murthy's OLD link as BIBLE reference again and again. One lawyers opinion at some point is not LAW.So JUST ignore him.He is a living proof that Human being can survive without brain.

Originally Posted by ****

""Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised."

Based on above quoted logic, after using AC-21, once GC approved,applicant has to join back again GC sponsored employer(employer who supported labor,140 and 485,As that employer only hired applicant for the job advertised). This is BS

Any GC applicant always have only "ONE SPONSORER" and with AC-21 , applicant change EMPLOYER not SPONSORER. Is this line is TOO MUCH for your brain's storage capacity.