fired after getting GC and other questions

[fukGC]

I have a quick question regarding my employment based greencard. I got my permanent resident status on 2/9/07 (I485 was filed on 12/18/06), and was wondering what will happen if my employer terminates my employment (say termination occurs in early April) - will I loose my GC or suffer any consequences during the naturalization process? Please advise.

Also, what if i voluntarily leave in June 2007? Will this be a problem with respect to naturalization? Please advise.

I know that there has to be intent for me to work my employer but how does CIS define intent when you have AC21 provisions in play. I am confused. Please help.

[isitanylonger]

You aren't covered by AC21 for two reasons:
1)Adjudication took less than 6 months
2)AC21 only applies before you get your green card. Once its approved, you must stay at your employer "permanently".

Having said that, my understanding is that you must have intent to work there. If your company lets you go, then you are probably o.k. since your intent was clear. Generally speaking, most lawyers advise that you stay at your employer for atleast 6 months, so you should consider staying atleast until August 2007.

[ginnu]

Originally Posted by fukGC

I have a quick question regarding my employment based greencard. I got my permanent resident status on 2/9/07 (I485 was filed on 12/18/06), and was wondering what will happen if my employer terminates my employment (say termination occurs in early April) -
will I loose my GC
---------------------------NO
or suffer any consequences during the naturalization process?
---------------NO, you wanted to work but employer does not have job for you and it is not your fault. Keep the termination letter with you till naturalization process and show only IF asked. you Had the Intent to work with employer at the time of filing I-485 and employer had the Intent at the time of filing LC and I-140 and employer gave you job offer letter that was submited with I-485. you had the Intent to work and have the Intent. you are ok if termination occurs after getting GC .

.

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[fukGC]

Thanks a lot for the reply guys. Looks like the best way is for me to get fired if I want a more lucrative job in a different field.

I mentioned AC21 with respect to intent. AC21 basically allows one with a pending (for 6 months or more) I485 to change jobs - so how does having the intent to work for your sponsoring employer "permanently" come into play?. AC21 basically invokes a cloud of confusion with respect to intent, and I think USCIS will be more liberal in determining intent.

[TheRealCanadian]

Originally Posted by fukGC

AC21 basically allows one with a pending (for 6 months or more) I485 to change jobs - so how does having the intent to work for your sponsoring employer "permanently" come into play?

AC21 doesn't introduce any confusion whatsoever. You still need to have the intent to work for an employer for an indefinite period, you're just allowed to change your mind - or find a new employer if they change their mind.

I do agree that AC21 probably makes USCIS more liberal with regards to short-term jobs, which is a reflection of the job market anyways. I would suggest that one not try and game the system; a few extra months working for an employer is nothing in the grand scheme of things.

I'm always amazed at people who willingly put up with years of substandard employment to get to the GC, then get hot feet and are unwilling to spend a few extra weeks working after the GC to ensure they are clear afterwards.