6 month "rule of thumb"

D

djh

Member
or is that rule of dumb....

just curious for those that hold to this mythical position and are hand wringing on when to switch jobs...

how do you calculate 6 months? do weekends come into play? what about leap year, should you stay an extra day for that? what about ramadan? passover? easter? christmas? do you add an extra day for boxing day?

if I switched jobs 4 times before my GC was approved, as I was allowed to under the AC ruling...should I now stay 6 mos and 1 day afterwards just to be safe??? hmmm dilemas dilemas
 
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I think GC is for permanent job ( which is offered sponsorer emloyer ),

and if anybody changes job, that mean there intention was not joining compay but to get GC, and it is faud and they can deport, if it is faud,

hope it will explain everybody

:D :D :D




PS : don't take it seriously, it's just fun
 
Young consular officers in the Department of State, when posted to some God-forsaken Third World crap-hole, came up with the concept of a "decent interval". When determining the time interval between the withdrawal of the last US Marine and the rape of the first nun, they wanted it to be a "decent interval", basically long enough that third parties could not claim that the departure of US troops immediately led to anarchy.

Same goes with the GC; ensure that your departure from your sponsor is a "decent interval" after the approval of your permanent residency. :)
 
"The green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process. There is no set amount of time that one must continue to work for the sponsoring employer, many lawyers believe that one year is a safe timeframe and that six months is the minimum period. For shorter timeframes, there must be a satisfactory explanation for the departure. Some explanations may be considered completely plausible while others are not. These issues should be explored with an attorney prior to the interview. "

-courtesy... Murthy.
 
I have seen atleast 4 or 5 guys who switched employers within one month after getting the GC and most of them were with worst possible employers and so disparate to switch employers... So talk to lawyers if you are in a right position to switch even before 6 months...
 
here is some info for those who got GC through CP process:


In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment.






http://www.usvisahelp.com/art_intent.html#intent2work
http://www.usvisahelp.com/art_intent.html
 
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Also....

.... I believe that the case cited referred to a person who wanted to change from B1 to F1 visa. In one of the other forums, many were questioning this case law's applicability on permanent employment intent post-GC. The main point being made was that the definition of intent is contextual and a particular case law's agrument/basis cannot be extented to another, if the underlying context has changed.

Kashish
 
kashish said:
The main point being made was that the definition of intent is contextual and a particular case law's agrument/basis cannot be extented to another, if the underlying context has changed.
Click to expand...

The basis cannot be extended? Not automatically.

That being said, the government can argue that it is reasonable to apply that basis to a different context. If they do so, you should have to have something to explain why it shouldn't be extended.
 
On the contrary, I was thinking more on the lines of the Government arguing why the basis shouldn't/couldn't be extended to a GC case, and on our part, we need to provide satisfactory justification(s) on the validity of extending the same basis to a GC case as well.

Kashish


TheRealCanadian said:
The basis cannot be extended? Not automatically.

That being said, the government can argue that it is reasonable to apply that basis to a different context. If they do so, you should have to have something to explain why it shouldn't be extended.
Click to expand...
 
chinabee said:
Yeah, but that's consular process, not AOS.
Click to expand...

a lot of people going through consular processing do not work for the sponsoring employer before GC. there is no way for the gov to tell whether they have the *intent* to work for the sponsoring employer after GC. so they require them to sign a letter stating their intent. however for AOS most of the applicants have already been working for their sponsoring employers for several years. this fact itself demonstrates (though not sufficiently) their intent to continue to work for their sponsoring employer after GC. approving the GC without letting you sign the *intent* for AOS means partially cis recognizes your intent since you already worked for that employer for years. just my theory.
 
does the same rule (6mo-1y) aplly if I get the GC thru my company and I switch from full-time basis to part-time? supposing I keep working for the same co
thanks
 
zyu said:
a lot of people going through consular processing do not work for the sponsoring employer before GC. there is no way for the gov to tell whether they have the *intent* to work for the sponsoring employer after GC. so they require them to sign a letter stating their intent. however for AOS most of the applicants have already been working for their sponsoring employers for several years. this fact itself demonstrates (though not sufficiently) their intent to continue to work for their sponsoring employer after GC. approving the GC without letting you sign the *intent* for AOS means partially cis recognizes your intent since you already worked for that employer for years. just my theory.
Click to expand...

Thats not true at present. Several people going for CP are already working for their emp. Signing the intent to work is a carry over from the past when companies used to bring employees to the US directly on the GC. Even for AOS the basis for your GC is your employment which means that CIS grants you the permission for the sole reason to take up that permanent job. Your job before GC approval and the job after GC approval are 2 completely different jobs according to law. The former was on a temporary basis and the latter is permanent. ;)
 
hipka said:
Your job before GC approval and the job after GC approval are 2 completely different jobs according to law. The former was on a temporary basis and the latter is permanent. ;)
Click to expand...

if the cis does not believe that you have the *intent* to work for the job which is the basis of your GC, they will not approve the GC at the first place. but what makes them believe that you have the intent??? your working for the job for several years makes them believe that!!!

assume you apply for GC as a nurse with a salary of 40K/year. but you currently work on wall street as broker making half a million each year. this is allowed by the law since the GC is for a future job. but do you think that the cis officer will believe that once they approve your GC you will switch your interest from money to serving sick people, and make 1/10 your current salary???
 
if you still have doubts..

In my openion... of course not legal..but common sense...

If you are CP guy it may be different as you would sign "intent" thing....
If AOS guy... porceed this way...

1) Ask the officer atthe time of PP stamping... they would say that you are now a free bird..
2) Call 1-880 # of uscis and ask them are there any resrictions..they would tell you that you are a free bird now..
3) Follow this link.."Now That You Are A Permanent Resident"..
http://uscis.gov/graphics/howdoi/PermRes.htm

to know more about what all you can do..
4) Still got doubts.... talk to lawyers in private...
say ex: aila.org or
And regarding famous lawyers posting "6 months to one year" on ther website... hey they are after all paid by employers.... they cannot post publicly that "you can jump the moment you got the GC"...
Take paid cunsulation withm and see....
5) And still if you want to wait for 1 month to 3 months..will be great...
6) And if you have reason....wonderfull... anytime is fine..
7) Otherwise keep working for sucking employer until uscis comes out with a clear memo to deal with "post ac21" job changes...

Hope that help...
Enjoy buddies...
 
I like your post. Probably a "post Green Card job change" USCIS memo will settle all flame wars. The GC process has made slaves out of smart people..freedom cannot be tolerated!

If the "post green card job change" memo really comes up them many on this board will start having nightmares till they get their citizenship.
Then a "post naturalization for emp based PR" memo.
I can imagine myself reading this message board for years to come..
LIFE SUCKS!!!
 
I am sure even if uscis comes out with a "post gc job changes memo" they will be smart enough to include a clause saying "he may change job if he is continuing doing similar or bettr job even after change.."

Also as we all know aila keeps meeting with Immigration offcials very regularly, I am sure aila keeps raising this issue with uscis all the time and I think uscis doesn't care as long as a GC holder doesn't do something which makes him deportable... I think that's the main reason uscis cancelled the "2 year rule" when they came out with "AC21". Hey you cannot make people continue working suffering... after all you are not on h1b....
And to have a smooth naturalization process... common you have so many things to do to help the society and America.... be ready even to spend some money to do some social service...
 
skumar2003 said:
I like your post. Probably a "post Green Card job change" USCIS memo will settle all flame wars. The GC process has made slaves out of smart people..freedom cannot be tolerated!

If the "post green card job change" memo really comes up them many on this board will start having nightmares till they get their citizenship.
Then a "post naturalization for emp based PR" memo.
I can imagine myself reading this message board for years to come..
LIFE SUCKS!!!
Click to expand...

not a good idea either. what if the memo says the same thing like this as AC21: "your GC remains valid if the new job is similar to your old one". while many people changed to different jobs after GC. currently there are no clear guidelines on this. so even if you change to a different job cis can not charge you. but what if they come up with sth. which further restrict the freedom of GC holders. e.g. impose some kind of restrictions on GC holders on their jobs.
that would be another nightmare.

life does not suck. but life is full of uncertainties. that is the way it is. even you are an american, you may be drafted to iraq if there is shortage in the army. then you may lose your legs, arms or even life like many american soldiers do.

i think people in this forum are over concerned about this issue. in real life i know many many people with GC who never heard of the theory of this changing employer stuff. they live a very happy life and move on to get their citizenship. but for those people in this forum who are familiar with this theory about changing employers, post GC becomes another nightmare. :p :p :p
 
The only guidelines that we have now are those on the USCIS web page
(tempo posted the link)

If more concrete guidelines are desired..and if it does come out..then per
"common sense" it will be detrimental to emp based GC holders.

Majority people I know changed jobs a few months after getting GC.

When Gov realized L1 visas were abused they came out with provisions to protect against fraud.

Similarly if the Emp based GCs are abused they will again come out with
provisions to make it more restrictive. Actually a new legislation may not even be needed for this..it is simply an enforcement issue.

It is not enforced now..it may be enforced later when needed. It is a risk we take (other bigger risks include driving car, hiking, flying in plane, train ride back home, etc) and move on.
 
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