'changing job' after GC: my lawyer's input

[DKSearch]

I understand this topic isn’t a clear one to be answered. I got the response from my lawyer and wanted to share.

There is no set rule as there is no date set forth in regulations. I always advise that you wait 6 months to change employers if possible; however, if the employee has been with the employer prior to the GC, less than 6 months would not be problematic. The key is that the employee proved the intent to work for the employer was actually carried out.

Any comments on this?

Thanks

[PERMUser]

Originally Posted by DKSearch

I understand this topic isn’t a clear one to be answered. I got the response from my lawyer and wanted to share.

There is no set rule as there is no date set forth in regulations. I always advise that you wait 6 months to change employers if possible; however, if the employee has been with the employer prior to the GC, less than 6 months would not be problematic. The key is that the employee proved the intent to work for the employer was actually carried out.

Any comments on this?

Thanks

I have no comments, but thanks for posting this.

[TheRealCanadian]

Originally Posted by DKSearch

Any comments on this?

Lots. Search this forum.

By and large, your attorney seems pretty reasonable.

[ptdup]

If I've been with the company (that filed my I140) for a few years before the I485 approval, how long should I stay with the company after the I485 approval?
Thanks,

[DKSearch]

It should be 'six months' from the receipt date of I-485, which infers to the portability rule (Subsection 106(c) of AC21).

[techbuyer77]

Realcannadian is there anyway to ask you a question in private.
Thanks

[Jackolantern]

The real answer to this topic is:

Nobody knows for sure, because there are no hard and fast rules.

Just try not to do things that would make the interviewer say "You left so soon just after getting the green card? All along you were just waiting to get the card so you could leave, right?!!!"

The only known thing is: the longer you stay the safer it is.

[DKSearch]

True...
This is a response from my lawyer.

"Waiting 'six months' from the receipt date of I-485 is a practice not a regulation, and the actual time you need to remain after the green card is not codified."

[TheRealCanadian]

Originally Posted by techbuyer77

Realcannadian is there anyway to ask you a question in private.

Sorry, no.

[techbuyer77]

I posted before about the possibility to get approved when my pd was not current, you said it is not possible.However I did get approved and my employer could not take me back, and I wanted your input on it.
Thanks

[TheRealCanadian]

Originally Posted by techbuyer77

I posted before about the possibility to get approved when my pd was not current, you said it is not possible.However I did get approved

Apparently, you got lucky and some of the 45,000 visa numbers that USCIS batch requested got used in your case.

and my employer could not take me back, and I wanted your input on it.

Are you employed now?

[Jackolantern]

Originally Posted by techbuyer77

I posted before about the possibility to get approved when my pd was not current, you said it is not possible.

Your PD became current in June, and again was current in July, during which they assigned you a visa number. Once they assign you that number, it doesn't matter if retrogression makes your PD no longer current.

However I did get approved and my employer could not take me back, and I wanted your input on it.

Get something in writing from them about not being able to take you back. When was the I-140 filed? If it wasn't filed very recently (if filed recently it could cast doubt on the truth of the "ability to pay" at the time of filing, given current circumstances) you should be OK.

[techbuyer77]

Originally Posted by TheRealCanadian

Apparently, you got lucky and some of the 45,000 visa numbers that USCIS batch requested got used in your case.



Are you employed now?

yes with another company making over 20K more than labor and doing the same thing
i-140 was approved 9 months ago.
they did gave me letter saying bussiness is bad we regret to inform you we wont be able to employ you due to bad economy.

[ginnu]

Originally Posted by techbuyer77

yes with another company making over 20K more than labor and doing the same thing
i-140 was approved 9 months ago.

they did gave me letter saying bussiness is bad we regret to inform you we wont be able to employ you due to bad economy.
------------------------------that is OK and keep that letter till your Citizenship Interview and if the officer ask why you did not work for the employer then show the latter and inform him/her that you WANTED to work with them but they did not have job for me after GC got approved and show the letter

-------------

[ptdup]

Originally Posted by DKSearch

I understand this topic isn’t a clear one to be answered. I got the response from my lawyer and wanted to share.

There is no set rule as there is no date set forth in regulations. I always advise that you wait 6 months to change employers if possible; however, if the employee has been with the employer prior to the GC, less than 6 months would not be problematic. The key is that the employee proved the intent to work for the employer was actually carried out.

Any comments on this?

Thanks

Hi DKSearch,

I've been with the sponsoring company (for my GC) for a while before the GC application up until now. I'm hoping to get my GC soon. You've mentioned that your lawyer thinks "less than 6 months would not be problematic."
I wonder if you have found out more. How confident are you on the lawyer's
conclusion? I've read comments that there could be consequence during the
naturalization, which would at least be 5 years away. What could happen
then? Will they just delay the naturalization process or they cancel the GC then? What about the family members that got the GC together with the
primary applicant?
Is it possible to let me know who the lawyer is?
Thank you very much.

[ptdup]

Originally Posted by DKSearch

It should be 'six months' from the receipt date of I-485, which infers to the portability rule (Subsection 106(c) of AC21).

To DKSearch:
I'm actually talking about a case after which GC is received. I understand that the portability rule only applies if the I485 is pending, right?
Thanks,

[DKSearch]

Originally Posted by ptdup

To DKSearch:
I'm actually talking about a case after which GC is received. I understand that the portability rule only applies if the I485 is pending, right?
Thanks,

As long as 'six months' from the receipt date of I-485 passed, it should be fine. I would take my lawyer's input if I am to move on. You may want to find your own lawyer if you have any doubts.

Thanks

[ptdup]

Originally Posted by DKSearch

As long as 'six months' from the receipt date of I-485 passed, it should be fine. I would take my lawyer's input if I am to move on. You may want to find your own lawyer if you have any doubts.

Thanks

Thanks, DKSearch:
This would be a very good and important news for me.
However, could I clarify the info. from your lawyer again (it's so important
to me)?
Is the "receipt date" you refer to the date when the USCIS received the I485 application (ie., shortly after I submitted the application)?
The reason I'm clarifying this is because I've read many opinions (including
those from lawyers) that it should be 6-12 months after the GC is approved.

Is this shorter time due to the fact that I've been with the sponsoring company for a while before the I485 application?

I'd consult with a lawyer as you suggested. But as you may know, it's difficult to judge whether to believe or be confident with one lawyer because there can obviously be different opinions.
I'd appreciate your help again. Thanks.

[DKSearch]

Originally Posted by ptdup

But as you may know, it's difficult to judge whether to believe or be confident with one lawyer because there can obviously be different opinions.

As you clearly said, they are "opinions".
It seems like it is about "opinions". vs. practice vs. regulation. Which one do you need to follow? It is hard to say....

[ptdup]

DKSearch,
I see what you mean.
Do I understand the "receipt date" you mentioned correctly, though?
It's the date USCIS received our I485 applications, right?
Thanks a lot.

[ptdup]

Does anybody have any other confirmation or other opinions on this issue?
Thanks.

[ptdup]

Oh, DKSearch,
Did your lawyer explain the worst case scenario?
I mean what happens if USCIS does not agree with this opinion.
Do they just delay the naturalization process? Or do they take the GC away?
Thanks very much.

[DKSearch]

Originally Posted by ptdup

Oh, DKSearch,
I mean what happens if USCIS does not agree with this opinion.

My question to you is:

Does USCIS work based on "opinion" of each lawyer, "practice", or its regulation/law?

[Jackolantern]

Originally Posted by DKSearch

My question to you is:

Does USCIS work based on "opinion" of each lawyer, "practice", or its regulation/law?

The regulation is that the employer and employee are supposed to have the intention to work with each other on a permanent basis after the green card is approved. The "opinion" is with what defines permanent and what constitutes intention.

[royl66]

I see there's one question that keeps not being answered and that is what is the worst that can happen? delay in naturalization? loss of g/card? I guess nobody knows the answer, that's why it's being avoided. In my OPINION (and it's just an opinion) it all depends how severe a case USCIS wants to make out of a premature change of employers... in the worst case scenario they may conclude that there was never a good faith intent to permanently work for sponsoring employer and if they conclude Fraud on your behalf - you may lose g/card and even worse (jail, deported, etc..). BUT, I beilieve the burden of proof lies on them, and they will have to take you to immigration court in order to prove fraud and strip you off your g/card... you'll have to hire a lawyer to fight them and even if you win - it would still probably cause delays in naturalization (all the court proceedings may take years...). Umm, I know it sounds pretty bad, but - this is a WORST CASE SCENARIO and very doubtfully USCIS would really have the motivation to go that far just coz someone left his employer after 3 months... I wouldn't worry about it too much if I had to choose...

[Jackolantern]

Originally Posted by royl66

I see there's one question that keeps not being answered and that is what is the worst that can happen? delay in naturalization? loss of g/card? I guess nobody knows the answer, that's why it's being avoided. In my OPINION (and it's just an opinion) it all depends how severe a case USCIS wants to make out of a premature change of employers... in the worst case scenario they may conclude that there was never a good faith intent to permanently work for sponsoring employer and if they conclude Fraud on your behalf - you may lose g/card and even worse (jail, deported, etc..). BUT, I beilieve the burden of proof lies on them, and they will have to take you to immigration court in order to prove fraud and strip you off your g/card... you'll have to hire a lawyer to fight them and even if you win - it would still probably cause delays in naturalization (all the court proceedings may take years...). Umm, I know it sounds pretty bad, but - this is a WORST CASE SCENARIO and very doubtfully USCIS would really have the motivation to go that far just coz someone left his employer after 3 months... I wouldn't worry about it too much if I had to choose...

While they have a lot of work to do if they want to take away your green card for this reason, it is very easy for them to deny your citizenship. So if there is any consequence for leaving the job too soon (assuming there is nothing else wrong with your case like forged documents etc.), the realistic worst case for most people would be delay or denial of citizenship.