USCIS considers Changing job after GC approval as FRAUD

I

iamsam

Registered Users (C)
Please help.

Recently I came to know that USCIS considers changing job immediately after getting the GC approval as FRAUD.
Check this site http://www.immihelp.com/gc/employment/greencard.html

"If USCIS finds out that the employee was just waiting for his/her immigration to be complete before jumping

to a new job, then they are likely to charge fraud. If, on the other hand, it appears that the employee

really did intend to stay with the petitioning employer indefinitely at the time of immigrating, but a

legitimate reason later developed for leaving(like employer's business took an unexpected downturn and the

employer had to lay off workers), then there should be no problem.

Even if the employer does not mind employee leaving immediately after getting the green card, it is not OK

for USCIS. Both employer and employee should have good faith to have that employer/employee relationship on a

"permanent" basis."


My I485 was filed on 7/29/02 and currently INS is processing the applications filed on 8/26/02. My second

finger printing was done on 07/02/04 and I haven't received any RFE or anything from INS yet. My guess is I

should be getting the GC very soon, probably in next3-4 weeks. I want to change my job and I was waiting for

my approval.

Q1. Can some body verify this for me??
Q2. Should I wait for 6 months after getting the approval before changing the job?
Q3. If I use AC-21 portability now before getting the approval, will that be the right thing to do?
Q4. If I use Ac-21 portability and my GC gets approved but I didn't get the plastic card, will I be

considered as a AC-21 portability case.

Will appreciate your responses...Thanks.
 
6 months to a year is what conservative people say before changing jobs. Just to be safe. And yes you can use AC21 before GC approval if I-140 approved and I-485 pending greater then 180 days
 
Again These all are legacy INS memos when they use to take weeks to approve GC. But with AC-21they allowed people to change the job after six months pending. So BCIS has to clarify its stand in the context of AC-21 and delays
 
That's exactly where I am confused...What kind of double standard is this...On one side USCIS allows people to move their job using AC21 before approval while on the other side they put contrins on moving even after approval. This means USCIS wants to encourage people change jobs before approoval...That defies common sense..
 
Totally contradictory ...

Imagine the situation ... you work for this company for a few years now. Your i-140 is approved and i-485 is pending well over 180 days [which is very common these days]. You are thinking of changing your work ... and you are allowed to change using AC-21 anyday.

Now suddenly your GC gets approved ... but you can't change!!! Instead of getting more freedom, you are actually stuck now for 180 more days ... worse than you were before. This really defies common sense - and some sensible address or info would be vey helpful!!!
 
> This really defies common sense

So do many regulations in immigration law. I don't know how seriously they take this whole thing nowadays (post AC21). There is no law specifically dealing with the issue, but the general consensus appears to be that it is a bad idea to drop your resignation letter on the way home from passport stamping.
 
I think this is old and I doubt USCIS is going to do anything unless the company complaints about it. Many people in my company left within 3 months after their GC approval. How would USCIS know when you changed job anyway? if you want to be careful about this, make sure you leave the GC sponsering company on good terms.
 
What about changing position within the company. There is a promotion opportunity that I could apply for assuming I get my approval shortly. Do I have stay in the same position for 6 months if I am staying with the same employer or can i apply and accept a promotion?
 
Shaf said:
You are thinking of changing your work ... and you are allowed to change using AC-21 anyday. Now suddenly your GC gets approved ... but you can't change!!!
Click to expand...

USCIS has said nothing about job switches after the GC since AC21 has been passed. It logically makes sense that if you can switch jobs the day before the I-485 is approved, one could do so the day after.

You're only going to know for sure in another 3-4 years when these folks apply for citizenship. Based on the rules with CP, 90 days after approval is considered a safe minimum to stay at the employer after GC approval. 180 days is best.
 
In my case I wanted to change immediately after the approval..looks like the consensus is "wait for few months atleast".
Let's say if I don't care for citizenship, should I wait in that case??
 
iamsam said:
Let's say if I don't care for citizenship, should I wait in that case??
Click to expand...

Then you have a problem in 10 years, when the Green Card needs to be reissued. USCIS may sniff around then. Can you not contain yourself for 90 days and save yourself a decade's worth of worry? ;)
 
what happens if 485 gets approved while you are changing jobs

Hi,

My i140 just got approved yesterday. My application was filed concurrently. My guess is that 485 will also get approved in a few days. That is how TSC is approving concurrent applications. I was already planning to change jobs (even though I had not given my resignation yet). My H1 transfer was approved a few days back. My 485 has been pending for close to 18 months. How does this old rule impact me?

Coolman
 
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