senthil_91
Member
If some one quits his employer within a week after getting the green card, how would it impact Citizenship or GC renewal application..?
Could somebody help me out here please.
Could somebody help me out here please.
Under what Circumstances a GC can be revoked.?
- Thread starter senthil_91
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mygcwaiter100
Registered Users (C)
It would impact when you go for your Citizen ship interview and they will ask you about it...
senthil_91
Member
source:http://www.usvisanews.com/wedquest060700.html
After receiving the I-551 stamp in his passport based upon an employment-based petition, can an individual change employers? Is there any specified minimum time to remain with the employer?
While there is no minimum time that you must remain with the employer, you must remain for SOME time. Basically, when you go through the whole adjustment process with an employer, you are both attesting that you will be working for that employer, in the position and location listed, at the end of the green card process. However, if you quit immediately thereafter, it may look like you never had any intention of actually working for that employer, and the INS has been known to revoke green cards in these situations.
Source : murthy.com
Question 13. Can I leave my sponsoring employer once I get my green c ard?
With the INS having issued its guidance in June 2001 on the AC21 law, it appears that a person can switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While
the INS may use the description of the job duties from the DOT or the O*NET to determine similarity, they have verbally agreed that they may be willing to consider a broader definition in the future. Also, besides job title and description, the salary with the new employer would need to satisfy concerns regarding the public charge provisions.
Clearly, the law before AC21 in Oct. 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months or 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated for 180 days, there is no mention of whether there is any 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. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if a person had worked for the sponsoring employer for several years while ongoing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period. AC21 law does not specifically address the issue of whether a person going through CP can show the same or similar job with a
new employer or if the pending 180-day rule only benefits those who file for the I-485 to adjust status. In the June 2001 Memo, INS does not address this issue.
asathiya : Hi Sheela, how are you? What happens when a person is laid off within a month of getting his GC? Can he continue with the GC, if the company (which applied for the GC) agrees not the inform INS about the lay-off? Thanks in advance.
SPEAKER_Attorney_Murthy : Usually, nothing happens if a person is laid off after the GC is approved. The risk is if the company notifies the INS or if the INS finds out about the termination of employment at the time of filing the citizenship application. Definitely keep the termination letter with you, because that shows you did not leave voluntarily.
If there can be a risk in Citizenship process, how about GC renewal..? Please input your comments.
After receiving the I-551 stamp in his passport based upon an employment-based petition, can an individual change employers? Is there any specified minimum time to remain with the employer?
While there is no minimum time that you must remain with the employer, you must remain for SOME time. Basically, when you go through the whole adjustment process with an employer, you are both attesting that you will be working for that employer, in the position and location listed, at the end of the green card process. However, if you quit immediately thereafter, it may look like you never had any intention of actually working for that employer, and the INS has been known to revoke green cards in these situations.
Source : murthy.com
Question 13. Can I leave my sponsoring employer once I get my green c ard?
With the INS having issued its guidance in June 2001 on the AC21 law, it appears that a person can switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While
the INS may use the description of the job duties from the DOT or the O*NET to determine similarity, they have verbally agreed that they may be willing to consider a broader definition in the future. Also, besides job title and description, the salary with the new employer would need to satisfy concerns regarding the public charge provisions.
Clearly, the law before AC21 in Oct. 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months or 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated for 180 days, there is no mention of whether there is any 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. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if a person had worked for the sponsoring employer for several years while ongoing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period. AC21 law does not specifically address the issue of whether a person going through CP can show the same or similar job with a
new employer or if the pending 180-day rule only benefits those who file for the I-485 to adjust status. In the June 2001 Memo, INS does not address this issue.
asathiya : Hi Sheela, how are you? What happens when a person is laid off within a month of getting his GC? Can he continue with the GC, if the company (which applied for the GC) agrees not the inform INS about the lay-off? Thanks in advance.
SPEAKER_Attorney_Murthy : Usually, nothing happens if a person is laid off after the GC is approved. The risk is if the company notifies the INS or if the INS finds out about the termination of employment at the time of filing the citizenship application. Definitely keep the termination letter with you, because that shows you did not leave voluntarily.
If there can be a risk in Citizenship process, how about GC renewal..? Please input your comments.
Silly Man,
actually, that is a valid ground for revocation. It may not even come to a Citizenship or GC renewal stage at that, if the employer in question will bitch about its employee to INS and INS will ultimately decide that the employee did not intend to work for the petitioning employer "on permanent" basis.
Otherwise, INS may, at the time of Citizenship interview or GC renewal, request evidence that the beneficiary of immigrant petition did work for the petitioning employer to prove his/her intent to be employed "permanently".
While the law does not say exactly how long one has to stay with the same employer, it is widely accepted that 6 months is a safe minimum. The longer, the better.
actually, that is a valid ground for revocation. It may not even come to a Citizenship or GC renewal stage at that, if the employer in question will bitch about its employee to INS and INS will ultimately decide that the employee did not intend to work for the petitioning employer "on permanent" basis.
Otherwise, INS may, at the time of Citizenship interview or GC renewal, request evidence that the beneficiary of immigrant petition did work for the petitioning employer to prove his/her intent to be employed "permanently".
While the law does not say exactly how long one has to stay with the same employer, it is widely accepted that 6 months is a safe minimum. The longer, the better.
140_takes_4ever
Registered Users (C)
Multiple reasons why a GC can be revoked:
1. Misrepresentation of facts (salary, convictions, etc.)
2. Falsification of intention to stay with sponsoring company (YES if you leave your company before 6 months to 1 year have passed on receipt of GC and you company bitches about it, the INS CAN and WILL revoke your GC).
3. Unearthing mistakes in processing.
Even after you receive your citizenship, it too can be revoked for upto 10 years from the date you get it.
1. Misrepresentation of facts (salary, convictions, etc.)
2. Falsification of intention to stay with sponsoring company (YES if you leave your company before 6 months to 1 year have passed on receipt of GC and you company bitches about it, the INS CAN and WILL revoke your GC).
3. Unearthing mistakes in processing.
Even after you receive your citizenship, it too can be revoked for upto 10 years from the date you get it.
Tasse,
If you are asking seriously, which I doubt
, the law does not say that anywhere. It just says "permanent". Theoretically, you may never leave...
If that were enforced, employers would be praying we get out GCs rather than the other way round
Jokes apart, leaving in a hurry after GC can constitute sufficient grounds for argiung that the GC was obtainded fradulently, as the individual clearly had no intention to work for the employer on a permanent basis, and hence constitute grounds for revocation.
BCIS can also bring this up at the time of citizenship application if the want, arguing that the underlying GC was fradulently obtained
If you are asking seriously, which I doubt
, the law does not say that anywhere. It just says "permanent". Theoretically, you may never leave...If that were enforced, employers would be praying we get out GCs rather than the other way round
Jokes apart, leaving in a hurry after GC can constitute sufficient grounds for argiung that the GC was obtainded fradulently, as the individual clearly had no intention to work for the employer on a permanent basis, and hence constitute grounds for revocation.
BCIS can also bring this up at the time of citizenship application if the want, arguing that the underlying GC was fradulently obtained
Ha-ha.
Actually, the law once had a provison on how long Employment-Based Green Card holders had to stay with their respective petitioning employers. That was before the immigration reform of 1990. The duration was 2 years. Since then the requirement was removed.
long_wait_4_gc
Registered Users (C)
I never understood this (maybe lower IQ level
If GC is for a _future_ job. Then why do i get penalized for leaving my _current_ job for my _future_ job??
LW
Silly Man
Volunteer moderator
Bitterman how do you define permanent? Also, if under AC21 it is okay to change employer *before* GC approval, then why does that not apply after GC approval? Or maybe after GC, you should be required to come back to your original employer and start working for him again for 6 months .. thats just horseshit.
In other words, get gc, change jobs, be merry.
Also historically, to date, I haven't seen a single case where anyone ran into trouble due to changing jobs after gc.
You are missing the point here. It is not about "permanent employment", it is about "intent to be permanently employed". Technically, even if you change your job 10 or 20 years down the line, it is still breaking a promise of "permanent employment". But everybody understand that talking about 10 or 20 years is silly and because of that they have removed the mandatory 2-year tenure from the law.
So now, to prove that you have received your Green Card lawfully, intending to be permanently employed with the sponsoring employer, you just have to show that your intent was, indeed, to do just that. How do you show it? You work at least 6 months for the sponsoring employer after getting your Green Card and retain all paystubs.
Again, it is widely accepted that 6 months is a safe minimum before changing employers.
AC21 deals with portability of I-485, I-140 and LC. It has nothing to do with the time when you are actually granted the Card. That is when the general law applies, so that you have to show your honest intent to be permanently employed with the sponsoring employer.
... what you said.
Not quite. This thread may amuse you: http://boards.immigrationportal.com/showthread.php?s=&threadid=81571