After becoming PR, When should we leave our Employer?

[Apollo_13]

After becoming PR, as a primary applicant, When should we leave our Employer? This should not cause any problem to our GC as well as our citizenship process.....

Is it after 3 month, 6 months, 1 yr etc..?

Lets just take a poll....lets see what people here to stay.

I don't think there is any such poll....if so please excuse me.....

 

[qwertyisback]

Apollo13, Refer Rajiv's prudent advice. It explains all in detail.

http://boards.immigrationportal.com/showthread.php?t=154533

 

[Apollo_13]

Apollo13, Refer Rajiv's prudent advice. It explains all in detail.

http://boards.immigrationportal.com/showthread.php?t=154533

Thanks qwertyisback.

All,

Here is the extract from Mr.Khanna's answer from the above link:

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Q. How soon can I leave my petitioning employer once I get my green card approval?

A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.

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Since we don't have clear answer to this question, even Mr.Khanna could only guess, let this poll be 'Whatz your guess?'

 

[qwertyisback]

Apoll13, thats what clear that you can get. There is no further clarity on this matter, atleast on this forum.

So asking members "Guess" is fruitless effort. As nobody can claim to have more clearer knowledge than Mr. Rajiv who is professional immigration lawyer for many years.
So as per me, above poll is pretty much meaningless..


What you can ask to vote for is, how soon members left after GC. Does anybody know anyone is in trouble because leaving early. etc. . That might give some general consense across members.

 

[NYC123]

Given chance I will change after 6 months..................

 

[Apollo_13]

Apoll13, thats what clear that you can get. There is no further clarity on this matter, atleast on this forum.

So asking members "Guess" is fruitless effort. As nobody can claim to have more clearer knowledge than Mr. Rajiv who is professional immigration lawyer for many years.
So as per me, above poll is pretty much meaningless..


What you can ask to vote for is, how soon members left after GC. Does anybody know anyone is in trouble because leaving early. etc. . That might give some general consense across members.

qwertyisback,

I understand your point. I am not denying that Mr.Rajiv has more knowledge on immigration matters than any other attorneys that we know.


My point is, I am also nearing 6 months period, so I thought lets check with other PRs what they think on leaving employer and how soon they feel it to be safe.....This poll should not be only for those who have already left, its for people who are planning to leave their employer soon....

 

[qwertyisback]

qwertyisback,

I understand your point. I am not denying that Mr.Rajiv has more knowledge on immigration matters than any other attorneys that we know.


My point is, I am also nearing 6 months period, so I thought lets check with other PRs what they think on leaving employer and how soon they feel it to be safe.....This poll should not be only for those who have already left, its for people who are planning to leave their employer soon....

Apollo, if you are looking at magic number of months after GC... There is NONE.You can carry on whatever poll you want, but its no more definative.Suppose members just put numbers out their hat 6-12-18 months... Then what?? Are you going to wait for that long?? And what if still you end up having (so called) same problem?? If you keep worrying, I bet you never able to leave. Relax, Chill, talk with lawyer (if worried) and last not least enjoy freedom given by GC.

FYI,One sr member of this forum left within 3 months(with Rajiv's advice).

 

[Apollo_13]

Apollo, if you are looking at magic number of months after GC... There is NONE.You can carry on whatever poll you want, but its no more definative.Suppose members just put numbers out their hat 6-12-18 months... Then what?? Are you going to wait for that long?? And what if still you end up having (so called) same problem?? If you keep worrying, I bet you never able to leave. Relax, Chill, talk with lawyer (if worried) and last not least enjoy freedom given by GC.

FYI,One sr member of this forum left within 3 months(with Rajiv's advice).

qwertyisback,

Actually, I am kind of decided about leaving my employer after completing 6 months. I just wanted to see how others feel here in this forum.

Anyway, thanks for your advise. As you said, I am not going to wait that long to quit my employer. Even though he sponsored my GC (for which I am grateful), he also sucked my blood for this GC all these years.

 

[sn99]

Any Logic behind magic number of 6 months!

I totally do NOT understand the highly publicized 6 months logic. I want to ask about its source. Is it some guidance from USCIS memo or something. Why 6 month justify permanent intent but 4 or 5 months not.
I will appreciate if someone can put a logic/evidence about the magic number of 6 months, which most persons consider a safe time to leave job.
After AC21, how we can say that our intent was to stay permanently with the sponsoring company while we were searching jobs by using AC21.
I think now it is more important to stay in similar job (as in labor)/job in same field , than sticking to sponsoring company.
Anyway my intent is to get objective information or evidence behind 6 months theory, which many people seem to follow. I am not an expert but I am putting this counter argument to get the facts.

Please also post your understanding about when 6months/3 months clock start- after 485 is approved or passport is stamped or plastic card is received.

Thanks

 

[Apollo_13]

Only 18 members have voted so far?

Come on guys, please share your thoughts here....

 

[sunderGC]

When ever you can

Apollo13 or all others,

If the employer has been sucking your blood then you allowed him to do that in the first place.

When you get your I140 Approved, you already have opening to leave your employer. It all boils down to what situation you are faced with.

If employer is sucking your blood you can't bear it then leave him the day you can survive on your own. Worry about legal matters later.

I used AC21. kicked his xxx on 10th day after getting I140 approved. got threatening calls that he will inform INS and all that crap. Never the less I continued.

Yes those days were miserable. GC not approved, got RFE and had left my employer. But it was do or die situation. Changed my lawyer and replied to RFE. Finally got approved and today enjoying (??) life.

As they say in Hindi, Agar xxx mein dum hai to kuch bhi kar sakte ho. Nahi hai to chup baitho.

 

[Apollo_13]

Thanks SunderGc.

I understand your position. As you know, it all depends the situation we are in.

My case was not that bad.