All job changers are at risk?

R

robwoj

Registered Users (C)
Hello,

After thinking hard (I am a layman not a lawyer) - I am sniffing that since intentions are very important (and not actions) in job change then people are at risk.

Take for example a person who gets a green card and has no intentions of staying with employer indefinitely. Since at the time of getting GC the person had no intentions to work for employer indefinitely => then the GC is obtained thru fraud PLAIN AND SIMPLE.

It does not matter that the next day after the person got the GC they learn that "You need to have intention to work for employer indefinitely" or changed intention the next day to working indefinitely. What matters is only your intention at the time of getting the GC. Even if you worked for employer for the next 3 years - what counted was what was happening in your brain AT THE TIME OF GETTING THE GC.

Also what do with the fact that INS does not publish the exact time of approval of the GC? What if your intentions were changing the same day you were getting the GC? When should sb measure his/her intentions - the same day, the same hour, the same minute they got GC?

Maybe it is safer for all people who had fishy thoughts when obtaining GC - they should consider wrapping the brain in a foil to prevent brain scans.

The fact that sb changed the intention after getting GC is irrelevant. JoeF - should those people surrender GCs? What should they say: "I changed my intention to working indefinitely for employer couple of days after receiving GC?" We need some sort of campaign to educate people about this?

Also in case sb does not want to surrender the GC - should he be worried about possible future brain scans? What about hypnosis?

Also what about things like conflict of intentions - ie. body has different intentions from the mind and there is an internal struggle. We need to zero in all of those issues ASAP. For example the soul might have wanted to quit the employer but the body was saying "We need to comply with the law!". The brain was in constant conflict......
 
I think your posting should be under "Life after losing one's normal state
of mind" and not under "Life after Green Card" :D :D

Just kidding...
//
 
robwoj said:
After thinking hard (I am a layman not a lawyer) - I am sniffing that since intentions are very important (and not actions) in job change then people are at risk.
Click to expand...

Partially incorrect. Actions are the indication of intent. I gave this example in past. If someone goes to the roof of a tall building and jump, the initial assumption can be: he commited suicide. However, his real intent (in his head) could be totally different - probably he tried to fly like Peter Pan. But unless there are come evidence that shows that he wanted to be Peter Pan (or jumped for some other reason or someone pushed him), the initial assumtion prevails.

In similar way, if someone changes job very next say after getting GC and he comes under USCIS radar, the initial assumtion can be he did not get GC in good faith. But just like many other things of life, the initial assumtion may be the final conclusion.


robwoj said:
It does not matter that the next day after the person got the GC they learn that "You need to have intention to work for employer indefinitely" or changed intention the next day to working indefinitely. What matters is only your intention at the time of getting the GC. Even if you worked for employer for the next 3 years - what counted was what was happening in your brain AT THE TIME OF GETTING THE GC.
Click to expand...

Fortunately USCIS cannot read your brain :) You are safe in that respect. As long as your actions do not show any sign of bad faith you are nothing to worry about.


robwoj said:
Also what do with the fact that INS does not publish the exact time of approval of the GC? What if your intentions were changing the same day you were getting the GC? When should sb measure his/her intentions - the same day, the same hour, the same minute they got GC?
Click to expand...

Un-approved I-485 cases can be covered by AC21 (provided they are pending for more than 180 days). I am sure there are smart lawyers who can use this law for people who changed job immediately after getting GC (provided the cases were pending for more than 180 days). But that is just my speculation.
 
But why do people forget that in immigration YOU ARE GUILTY UNTIL PROVEN INNOCENT.

So it is up to you to prove:
1) if you go abroad -> u prove that that you had intention to live in the US every single moment.

2) if you get employment gc - at the time you were supposed to have intentions to work for employer indefinitely!!! This means that if on the day you got the gc you had a fight with your boss and you decided to leave the company ASAP - you commited fraud - PLAIN AND SIMPLE. Even if you thought this over couple of hours later and decided you will stay with the company for the next 3 years - YOU STILL COMMITED FRAUD AND SHOULD BE DEPORTED!

When it comes to intentions - it what goes on in your brain. Actions can indicate what you intend BUT NOT NECCESSARILY.

The law is quite simple - it tests your brain.

We should all get together and ask for brain testing. This way we can try to attach peoples brains to INS computers to sniff if people are solid.

We should invest in hypnosis so that we can try to learn what people are sniffing in the background.

The fact that INS cannot sniff our brains for now should not prohibit us from telling the truth about our intentions.

JoeF - you are a comp sci guru - maybe you should invent some sniffing machine here?
 
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