After Stmaping, URGENT! What is next & still tensions (or no)

L

longwait02

Registered Users (C)
Hi friends of the forum,

Please clarify the folloing confusing things after stamping done 3 weeks ago.

1) How soon can I leave my sponsoring company? (never changed company for last 5 years)
2) If I want to work as independent contractor on 1099 after leaving , Is it legal or any rules like same and simliar kind of work etc. needs to be followed?, if yes how long? any state restrctions depends on labor?
3) If I leave soon what are the hardships later at citizenship stage? or is it possible that sponsor can able to revoke GC as I left him with one or two months? any real examples on this...
4) What happens if employer lay-off with coulbe weekd after GC approved? can I work any where or any kind of work?
5) We want to travel with just stamp in passport to India via UAE stop by. Is it okay? or I need to have plastic card on hard to enter UAE?


Thanks in advance to all.
 
Last edited by a moderator:
.

1) How soon can I leave my sponsoring company? (never changed company for last 5 years)


You had that opprtunity since 485RD+180

2) If I want to work as independent contractor on 1099 after leaving , Is it legal or any rules like same and simliar kind of work etc. needs to be followed?, if yes how long? any state restrctions depends on labor?

When yOu are dependent on others on such si,ple matters, I wonder how can you work as Independent contractor. My advice is stick to your company till they kick your butt.


3) If I leave soon what are the hardships later at citizenship stage? or is it possible that sponsor can able to revoke GC as I left him with one or two months? any real examples on this...

Why don't you try and be a real example ?

4) What happens if employer lay-off with coulbe weekd after GC approved? can I work any where or any kind of work?

Any where - but your company:D:D

5) We want to travel with just stamp in passport to UAE & India Is it okay?

You should carry the whole passport.( not just the page with stamp):D:D

Thanks in advance to all
 
U never serious of ur life at all?

Please try to understand intension of questions than early morning joking. If you do not know the current answers then just view it.Okay?

101amshantanub said:
.

1) How soon can I leave my sponsoring company? (never changed company for last 5 years)


You had that opprtunity since 485RD+180

2) If I want to work as independent contractor on 1099 after leaving , Is it legal or any rules like same and simliar kind of work etc. needs to be followed?, if yes how long? any state restrctions depends on labor?

When yOu are dependent on others on such si,ple matters, I wonder how can you work as Independent contractor. My advice is stick to your company till they kick your butt.


3) If I leave soon what are the hardships later at citizenship stage? or is it possible that sponsor can able to revoke GC as I left him with one or two months? any real examples on this...

Why don't you try and be a real example ?

4) What happens if employer lay-off with coulbe weekd after GC approved? can I work any where or any kind of work?

Any where - but your company:D:D

5) We want to travel with just stamp in passport to UAE & India Is it okay?

You should carry the whole passport.( not just the page with stamp):D:D

Thanks in advance to all
Click to expand...
 
longwait02 said:
Hi friends of the forum,

Please clarify the folloing confusing things after stamping done 3 weeks ago.

1) How soon can I leave my sponsoring company? (never changed company for last 5 years)
>> u can leave anytime u want. Enjoy ur freedom
2) If I want to work as independent contractor on 1099 after leaving , Is it legal or any rules like same and simliar kind of work etc. needs to be followed?, if yes how long? any state restrctions depends on labor?
>>Enjoy ur freedom, no restrictions
3) If I leave soon what are the hardships later at citizenship stage? or is it possible that sponsor can able to revoke GC as I left him with one or two months? any real examples on this...
>> Take it easy. Nobody can revoke ur GC. Ur sponsor is not President Bush or Collin Powell :)
4) What happens if employer lay-off with coulbe weekd after GC approved? can I work any where or any kind of work?
>> Enjoy ur freedom. U can work anywhere
5) We want to travel with just stamp in passport to UAE & India Is it okay?
>> I guess stamped GC in PP is fine for re-entry into US


Thanks in advance to all.
Click to expand...
 
longwait02 said:
Hi friends of the forum,

Please clarify the folloing confusing things after stamping done 3 weeks ago.

1) How soon can I leave my sponsoring company? (never changed company for last 5 years)

AS per as I know if you are lay-ff then no problem you can use AC21 otherwise I am not sure abt the period advisable for some time
2) If I want to work as independent contractor on 1099 after leaving , Is it legal or any rules like same and simliar kind of work etc. needs to be followed?, if yes how long? any state restrctions depends on labor?

Once you are GC approved you can do what job you want ....

3) If I leave soon what are the hardships later at citizenship stage? or is it possible that sponsor can able to revoke GC as I left him with one or two months? any real examples on this...

I dont think so
4) What happens if employer lay-off with coulbe weekd after GC approved? can I work any where or any kind of work?

You will get huge severance pay because you are with them almost close to 6 years
5) We want to travel with just stamp in passport to UAE & India Is it okay?

Take the copy of the approval notice You have in case. Because that is strong evidence of your approval and picture id like DL etc..

Thanks in advance to all.
Click to expand...
 
1) How soon can I leave my sponsoring company? (never changed company for last 5 years)

--- GC is for permanent employment with the sponsored company after the approval, does not matter how many years you worked with them before the approval. General rule of thumb, most attorneys advise, is '6 months - 1 year'. This is a conservative approach, to avoid any problems (they say) at the citizenship phase. But if you have a valid reason for leaving soon, and you think you can defend yourself at the citizenship (or at any stage), you can leave.

2) If I want to work as independent contractor on 1099 after leaving , Is it legal or any rules like same and simliar kind of work etc. needs to be followed?, if yes how long? any state restrctions depends on labor?

--- There are no rules as such after the approval (after leaving the sponsored company)

3) If I leave soon what are the hardships later at citizenship stage? or is it possible that sponsor can able to revoke GC as I left him with one or two months? any real examples on this...

--- See above

4) What happens if employer lay-off with coulbe weekd after GC approved? can I work any where or any kind of work?

--- If the employer lays you off, then your intention to continue with the sponsored employee can not be questioned. You have no problem.

5) We want to travel with just stamp in passport to UAE & India Is it okay?

--- Should be OK, check with their consulates.
 
Though Employment based GC was designed as a tool for permanent employment with the sponsoring employer, the law makers understand that employment can not be enforced on people in a capital market. So the subsequently they have removed the "2 year condition" that was there in the original law. Then they came up with AC21 which gave freedom to people to change jobs within the same job category even before the I485 approval. With this law, the old interpretation of the law becomes obsolete . All the lawyers who give conservative advise quote that the law says that "The person should have the intention to work for the sponsoring employer". But AC21 says that you can change the jobs any time after 180 days of I485 before the I485 approval. That means one can have the intention to leave the company at the time of the approval. So the "should have an intention" stuff does not hold any water after the AC21 law.
My conclusion:
--------------
As soon as you get your GC, Choose the job of your choice. That's what BCIS says on it's web site. If you want to play safe, then wait for 1 or 2 months (no need for 6 months). Also if you can, try to get some documented proof that you have strong reasons for leaving the sponsoring employer. The reasons could be big difference in pay between new job and old job, bad treatment from employer, dislike for place or the assignment that your employer gave to you etc. If you can get termination letter from sponsoring employer, that will be great.
 
dsatish... could you put some light

When you say "you have your GC" do you mean "i485 approved" or do you mean the physical card was received.
 
dsatish said:
Though Employment based GC was designed as a tool for permanent employment with the sponsoring employer, the law makers understand that employment can not be enforced on people in a capital market. So the subsequently they have removed the "2 year condition" that was there in the original law. Then they came up with AC21 which gave freedom to people to change jobs within the same job category even before the I485 approval. With this law, the old interpretation of the law becomes obsolete . All the lawyers who give conservative advise quote that the law says that "The person should have the intention to work for the sponsoring employer". But AC21 says that you can change the jobs any time after 180 days of I485 before the I485 approval. That means one can have the intention to leave the company at the time of the approval. So the "should have an intention" stuff does not hold any water after the AC21 law.
My conclusion:
--------------
As soon as you get your GC, Choose the job of your choice. That's what BCIS says on it's web site. If you want to play safe, then wait for 1 or 2 months (no need for 6 months). Also if you can, try to get some documented proof that you have strong reasons for leaving the sponsoring employer. The reasons could be big difference in pay between new job and old job, bad treatment from employer, dislike for place or the assignment that your employer gave to you etc. If you can get termination letter from sponsoring employer, that will be great.
Click to expand...

Very true. Labor laws cannot force anybody to work anywhere.

Bottomline: U can quit the job immediately after 485 is approved,
many people quit after 485 RD > 180 days. If u can swtich jobs before using AC-21 then why not later? GC's have been approved for people who used
AC-21 so why cant people change jobs after GC. I guess its should make
sense.

I do not agree with statements like quitting employer after GC will cause problems with Citizenship. I wonder where they get this information from and what law r they referring to :).

Enjoy ur 485=FREEDOM :p
 
Just be careful! If I were you, I would stay with my sponsoring employer for 6 months (1 year is better and safe) to avoid any problem at the citizenship stage and to ensure BCIS not to revoke your GC. Leaving your employer after your gc approval doesn't apply to AC21 because your gc was approved (definition of AC21 mentions 485 is pending for more than 180 days. So your 485 is approved and done.) I have seen other immigration forum on the internet that greencard holder had problems at the citizenship stage because he left his sponsoring employer very early as he broke the employment based 485 agreement that he had intent to work for his sponsoring employer. He was told to reapply for citizenship in a year (he hasn't applied yet.). So most lawyers advised to wait for 6 months or 1 year.

If your sponsoring company lay you off, no problem (it is not your fault) and enjoy your freedom and start looking for a new job (any job including contract job, consulting job, open business, open restaurant, etc.).

For traveling to UAE and India, I am not sure UAE visa is required. Why don't you contact UAE embassy? But I am sure UAE doesn't recognize your US green card stamp or GC as they don't care about it. They don't waive visa if you are not a UAE citizen. If you are on Indian passport, why worry about travelling to India? Otherwise, if you are not on Indian passport, you need an Indian visa! and you can obtain a visa at Indian embassy or Indian consulate.
 
USGC485 said:
Just be careful! If I were you, I would stay with my sponsoring employer for 6 months (1 year is better and safe) to avoid any problem at the citizenship stage and to ensure BCIS not to revoke your GC. Leaving your employer after your gc approval doesn't apply to AC21 because your gc was approved (definition of AC21 mentions 485 is pending for more than 180 days. So your 485 is approved and done.) I have seen other immigration forum on the internet that greencard holder had problems at the citizenship stage because he left his sponsoring employer very early as he broke the employment based 485 agreement that he had intent to work for his sponsoring employer. He was told to reapply for citizenship in a year (he hasn't applied yet.). So most lawyers advised to wait for 6 months or 1 year.

If your sponsoring company lay you off, no problem (it is not your fault) and enjoy your freedom and start looking for a new job (any job including contract job, consulting job, open business, open restaurant, etc.).

For traveling to UAE and India, I am not sure UAE visa is required. Why don't you contact UAE embassy? But I am sure UAE doesn't recognize your US green card stamp or GC as they don't care about it. They don't waive visa if you are not a UAE citizen. If you are on Indian passport, why worry about travelling to India? Otherwise, if you are not on Indian passport, you need an Indian visa! and you can obtain a visa at Indian embassy or Indian consulate.
Click to expand...


I do not agree with above statement quote "If I were you, I would stay with my sponsoring employer for 6 months (1 year is better and safe) to avoid any problem at the citizenship stage and to ensure BCIS not to revoke your GC..."

why would USCIS revoke ur GC? There is no such law which allows them to revoke approved GC unless they find some illegal activities. When they allow
people to quit in middle of 485 processing then why not after 485 is approved?
DOL states that no notice is required by an employee or employer to quit
or fire from a job. Nobody can force you to work at any place if u r not
comfortable working there. You can come out with thousands of reasons
for quiting a job and similarly ur employer can come up with reasont to fire you. I've had many friends who have quit immediately after their 485 is cleared and I haven't heard any issues at all with their citizenship.
If attorney suggests u to stick with sponsoring employer for 6 months or an yr then the only reason which makes sense to me is he/she is having business
relationship with ur sponsoring employer. Ask him/her on what basis he/she
says that there can be a problem with citizenship.
 
GC is definately for future employment with sponsoring employer but
at the same time no employer can gurantee a job in future.
Its very simple, if u want to work there u can work and otherwise.
Nobody can force anybody to work somewhere as its against labor
laws, this applies to all cases{GC or no GC}
 
Just be careful. No one knows answers. Please don't say it is because many people quit. Look at what happened to AR-11 stuff. Many people ignored that in the past or didn't know about it. Since after Sept 11, immigration laws have been changed. Now AR-11 is required if you move out within 10 days or deported or fined.. etc.

As you can see, some of immigration laws are getting more strict. Just be careful. I agree that no one forces you to quit or stay with your employer because there is no basic law. It is up to you. Also, Republican Senators already introduced the bill to remove the GC lottery. It would be likely to remove GC lottery soon. They will introduce more strict immigration laws in the future or president can change the rules in the future. You never know.

See http://www.visalaw.com/01jun1/13jun101.html or see below (copied and pasted).

Q. I got a green card through consular processing last month. How long do I have to work for the employer who sponsored my green card before leaving for another employer?

A. The entire green card process is based on the intent of the employer to hire the worker when the green card is approved, as well as the intent of the employee to work with the employer after approval. If you leave the sponsoring employer shortly after receiving your green card, the INS could conceivably determine that you never intended to work for the sponsoring employer, and thus revoke your green card. Most immigration attorneys generally advise that employees should remain with their sponsoring employer for at least six months to one year, with one year being the more conservative recommendation.
 
USGC485 said:
Just be careful. No one knows answers. Please don't say it is because many people quit. Look at what happened to AR-11 stuff. Many people ignored that in the past or didn't know about it. Since after Sept 11, immigration laws have been changed. Now AR-11 is required if you move out within 10 days or deported or fined.. etc.

As you can see, some of immigration laws are getting more strict. Just be careful. I agree that no one forces you to quit or stay with your employer because there is no basic law. It is up to you. Also, Republican Senators already introduced the bill to remove the GC lottery. It would be likely to remove GC lottery soon. They will introduce more strict immigration laws in the future or president can change the rules in the future. You never know.

See http://www.visalaw.com/01jun1/13jun101.html or see below (copied and pasted).

Q. I got a green card through consular processing last month. How long do I have to work for the employer who sponsored my green card before leaving for another employer?

A. The entire green card process is based on the intent of the employer to hire the worker when the green card is approved, as well as the intent of the employee to work with the employer after approval. If you leave the sponsoring employer shortly after receiving your green card, the INS could conceivably determine that you never intended to work for the sponsoring employer, and thus revoke your green card. Most immigration attorneys generally advise that employees should remain with their sponsoring employer for at least six months to one year, with one year being the more conservative recommendation.
Click to expand...


USGC I agree post 9/11 immigration laws have become strict but thats
HOMELAND SECURITY which is fair enough.

But I still dont agree when attorneys ask to stick with sponsoring
employers after 485 approval. There is no such law and I dont know
about any case in which GC was revoked b'se somebody quit their
sponsoring employer after 485 approval. U can give many reasons[if asked]
as to why you quit and nobody can conclude that its just because of
GC approval. For me the equation is very simple ie 485=FREEDOM
 
You must log in or register to reply here.
Top