485 approved - Can I change employer before getting GC ?

G

gclcgc

Registered Users (C)
Guys,

A little tricky situation for me....I intended to use AC-21 and joining new employer (on EAD) after completing my 180 days of 485 pending. Based on that, I accepted an offer when 485 was pending for 165 days and decided to join new employer once 180 days pending is complete....

Not sure why USCIS was so fast in my case, they approved my 485 a week before completing 180 days of 485 application. Also they have not asked for any interview and message on USCIS web site is indicating they will mail my card soon...so there is no way I will be called for an interview and since my FP - code 3 is done recently, 6 months back, they won't call me for FP as well...

In this scenario, are there any chances left for me where I can join the new employer ? If so, do I have to join them before I receive physical GC in hand ? If I join them once I have GC in my hand, can be considered as FRAUD? I accepted offer when my 485 was pending.... :confused:

If I join new employer, will my current employer have right to so-called "revoke" my GC? or its just threats? :(

Appreciate experts' comments.

_____________________________________
EB2 - VSC - Sub Labor
140/485/EAD - Sep 05
FP - code 3 - Oct 05
140/EAD AD - Oct 05
485 AP - Apr 06
GC - waiting in mail
 
AC21 gives the way out to move between jobs after specific time with a few conditions are met. If not, there is no other reason for AC21.

Now you can not port easily. You accepted the job before 180 days will NOT cover you with AC21. The conditions are not met.

With the Green Card .. you are FREE to even work as Bio-chemist. You have worked for the sponsoring employer for significant time proving your intent. However the GC is for "future employment". Lawyers generally advise people to work for the sponsoring employer for a few months after GC is approved if AC21 is not applicable.

Sorry dude. I tried very hard to find a way to convince myself but honestly, it seems kinda "FRAUD" to me.

They will probably not revoke your GC. However you might face some issues at the time of Naturalisation.
 
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No you cant do anything other than working for your GC sponsoring employer for a few months.

Yes, legally speaking, your GC sponsoring employer can get your GC revoked saying your never had intension to work for them. You could be barred for 3 to 10 years depending how serious USCIS considers you voilation of terms is.

In an employment based GC, intension should be mutual, you should have the intent to work and employer should have an intent to employ you.

USICS is looking for cases where they can set an example that they mean to implement the law. It is stricter and stricter each passing day. So, tread accordingly.
 
please answer this

i am working for current company for more than a year. they file for my Labor and now I-140 and I-485. as i am not from non-retro country so i already have EAC.
i have 2 question"

1: in oct 2006 it will be six months of filling 1-485, at that point can i change my Job, given the Fact that 1-140 is approved, or do i have to wait for 180 days from the day I-140 was approved.

2: if my 1-140 and I-485 are approved within 180 days ( coz i filed concurrent and i am from non-retro country), do i still have to work for my employer for few months or can i change my job once i have green card
 
go0dfella said:
1: in oct 2006 it will be six months of filling 1-485, at that point can i change my Job, given the Fact that 1-140 is approved, or do i have to wait for 180 days from the day I-140 was approved.

2: if my 1-140 and I-485 are approved within 180 days ( coz i filed concurrent and i am from non-retro country), do i still have to work for my employer for few months or can i change my job once i have green card
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1. 180 days after filing of 485, not after approval of 140.

2. Ideally you should work for that employer for a few months (1 year). When you apply for citizenship, they may look at your employment record and may question you why you never worked for GC sponsoring employer.

Frankly speaking, if USCIS questions you on why you did not work for GC sponsoring employer, that means they are challenging AC21 law.

If one can change before GC approval after 180 days of 485, why not after GC approval after 180 days of 485?
 
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Upon I-485 approval, I thought I would only for 6 more months to my sponsoring employer and that should be plenty of time ?
Honestly, after getting this insane greencard, I don't think I could stand one more year before leaving.

GreenCardVirus said:
1. 180 days after filing of 485, not after approval of 140.

2. Ideally you should work for that employer for a few months (1 year). When you apply for citizenship, they may look at your employment record and may question you why you never worked for GC sponsoring employer.

Frankly speaking, if USCIS questions you on why you did not work for GC sponsoring employer, that means they are challenging AC21 law.

If one can change before GC approval after 180 days of 485, why not after GC approval after 180 days of 485?
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GCdreamer2006 said:
Upon I-485 approval, I thought I would only for 6 more months to my sponsoring employer and that should be plenty of time ?
Honestly, after getting this insane greencard, I don't think I could stand one more year before leaving.
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6 months to 1 year is to be on safest side.

In case you get approved before 180 days, spend a lil more time man. People here did years. ;)

How long have you worked with this employer so far ?

If thats a substantial time, a few 2-4 months should be good to support your intent.
 
In my case I have been with current sponsoring employer for 5.5 years now.
I guess 3 months in my case seems OK to justify my intent (?)



Cheekoo said:
6 months to 1 year is to be on safest side.

In case you get approved before 180 days, spend a lil more time man. People here did years. ;)

How long have you worked with this employer so far ?

If thats a substantial time, a few 2-4 months should be good to support your intent.
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What would be the best time-frame to work for a new employer (changed using AC-21) after the GC is approved?

Thanks
 
maheshcr said:
What would be the best time-frame to work for a new employer (changed using AC-21) after the GC is approved?

Thanks
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Going by your PD and your userid (maheshcr, I am guessing u r from India), you have a lot of time to think about it. If the law does not change, many be 5 years.
 
working remotely?

Does working remotely (tele-commuting) for the same employer for 6+ months constitute sufficient intent? Or do we have to maintain a residence address in the same state?

My wife just got green card last month and she didn't have intentions of leaving her employer. But I just got a job in a different state, so she is considering working remotely for some time. If it makes any difference, I just filed my 485 as her derivative, so USCIS will look at her application again in few months when my 485 is up for decision.

Thanks
dinks
 
Well it's a known fact that it may take a while for my case to get approved and I am getting to file my 3rd EAD renewal. Still my questions stands on the timeframe one can change Jobs from the new employer. It may help someone else if not me.

Mahesh
 
maheshcr said:
Well it's a known fact that it may take a while for my case to get approved and I am getting to file my 3rd EAD renewal. Still my questions stands on the timeframe one can change Jobs from the new employer. It may help someone else if not me.

Mahesh
Click to expand...

Cheeko has already answered that question in this very thread.
 
Seems, the response was in relation to the "Sponsoring Employer", however, the new employer may not necessarily be a sponsoring employer in which case how long one can work for the new employer?

Please help me to understand if I have misundersood anything.
 
same answer

maheshcr said:
Seems, the response was in relation to the "Sponsoring Employer", however, the new employer may not necessarily be a sponsoring employer in which case how long one can work for the new employer?

Please help me to understand if I have misundersood anything.
Click to expand...

This AC21 benefit was not intended to relieve the alien from the requirement to intend to continue working permanently after the 485 is approved, whether the alien has changed jobs or not.
 
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