Attn: GC holders/Future GC holders. Do you aware of this real issue?

V

Vivek_2002

Registered Users (C)
Has any one left OR planning to leave the GC sponsoring employer after getting GC stamped on PP? Please read on..

Since the AC21 law is not clearly talking about leaving the sponsoring employer after getting GC approval (please see Attorney Ms. Murthy’s response below).

Chat User : Got GC 3 months ago. My employer suggests I join the client. Given my employer\'s intent, can I just quit and walk away from client and employer?? Thanks.

Attorney Murthy : It may be okay as long as the new job is in the same or similar field. Problem is that we do not yet have any guidance on AC21 law and whether a person can leave the sponsoring employer so soon after GC approval.

http://www.murthy.com/chat0304.html

Has any one talk about this to your attorney?

What is the minimum safest period to change the GC sponsoring employer?

Please share your experience.

Thanks in advance.
 
ric2 - you are wrong.

As per INS, you need to work for sponsored employer for \'reasonable\' amount of time. This will come into picture at the time of applying for citizenship.

\'Reasonable\' amount of time is very subject and each INS officer can interprete differently. As per Murthy.com chat replies I found 1 year with sponsored employer is \'safe\'.

ric2, if you are not convinced, go through INS.gov and other immigration site before posting your reply.

Guys,

I found another note on the same thread as mentioned above:

"....Chat User : Good evening. If one assumed the "GC job" applied for by employer (EB2) for a total of 1 year before AOS approval and 1 year after AOS approval already, can one now resign after I-551 PP stamp is obtained? No photo ID GC yet. Thank you very much.

Attorney Murthy : If a person has worked with the GC sponsoring employer for 1 year after getting the PP stamped but the GC not yet received, there is no problem based on existing law, for a person to switch employers now. Safest still to be in the same or similar field, though may not be essential.....".

Is six months after GC would be OK to join another employer?.
Thanks.
 
For years, people are leaving sponsoring employer immediately or after 3 months

and taking new offers. AC21 etc. is bull sh..t No one knows what is it. Everone says law is not clear. When INS will make it clear? No one knows. Even Sheela Murthy says, law is not clear.

So bottom line. If you are with the sponsoring company for atleast 3 months after getting GC "approval", leave that guy and take a new offer if you want. Otherwise continue.
 
The issue seem sto be "same or similar" field.

If your employer is unable to provide you work OR he fired you OR the company went belly-up, all this is an intent issue, that your intent was to work for the sponsorer BUT The sponsorer could not pay you for your services because of circumstatnces beyond his/your control.
I agree that AC-21 is a regulation, however INS requires that I be employed when they send in an RFE etc,so what is a guy who is in the above situation to do? Take up employment in the "same" OR "similar" field.
However if you quit because you did not like your employer\'s face and then decided to switch from Pharmacy to Garbage disposal, then I have no idea how to interpret this law.
Most of us who go laid off in this economy seem to have found employment in "same" or "similar" fields. So what seems to be the issue?
 
I can’t ask this to my Company Attorney..........

Has anyone talk about this with your personal Attorney? We don’t have to worry much if majority of attorneys says “there wouldn’t be any problem if you leave GC sponsoring employer after getting GC approval”. Has anyone got positive response from your attorney?

Thanks in advance
 
No Title

First what are the consequences if you do leave with GC approved. Does this have any effect in citizenship? How does the INS know and do they ask that you show your employment history before you can be naturalized?

Second if INS allows you to change jobs after 180 days of 485 application, why should it concern them that you changed job after you have been approved.

Now if the application was fraud because the company showed false document just to get the GC for the employee and went under right after the GC was approved, that is another thing and can be a ground for GC cancellation (I think). But just becuase the employee changed jobs (similar or not) should not be an issue because many of us have signed letter with our companies that we will work for 1-3 years after GC is approved not with INS that we will work for the same company.
 
Then why the Attorneys are not (even indirectly) telling to any one that there wouldn’t be any probl

Has anyone heard from your attorney’s mouth?

Thanks in advance.
 
If many people do the same doen\'t become law or acceptable pratice with INS/IRS

gcFunWaiting , if you argue that since many people leave sponsored employer and take up new job without any hazzal, it doesn\'t become acceptable pratice or law.
Don\'t try to enforce your own assumptions and interpretations here.

If anyone changes employer just after GC approval can be considered as fraudulence at the time of naturization. Period to which remain with sponsored employer is very subjective.

Can you point to me a any single immigration attorney’s remark says that changing employer just after GC approval is OK?.
 
The attorney opinion varies depending on who pays them

I personally heard from various attorneys that:
1. you must stay 6 months (my company\'s attorney-which I did not hire!)
2. you can leave whenever you want after GC (this attorney was paid by a company trying to hire me)
3. 2-3 months will suffice (my attorney)

Obviously, they contradict.

There is no clear law, and N-400 does not say anything about when to move. AC-21 seem to point out that you can go after GC; otherwise why can you go after 180 days but not after you are approved. Remember that you don\'t really have to notify about the job change after 180 days (the word in AC-21 is "should" and not "must").

There was a guy on this board who was really happy that he got fired AFTER GC, I can understand why...
 
Opportunist Employer- Holding GC but no salary during bench period…

I don’t mind working with my sponsoring employer but my employer took an advantage by cutting my salary unreasonably very low (immediately after my 1-485 filed) but intelligently keeping my salary just $10000 above the figure mentioned in the labor application (that also very low when compare to my skill set and my experience). Now I am coming to the bench I don’t think my employer will either pay or layoff me. If they give leaving order/layoff letter I am happy to leave but I don’t think they will do. They will only pay once I get project but I am confident I can get same/similar job with better salary. Since the law is not clear (about leaving sponsoring employer after getting GC) I am in a confused state now. Please advise me.

Thanks in advance.
 
H1-B and L1 visa

The 6 year maximum rule for H1-B, is the period you worked on L1 visa also included part of the 6 years rule.

I have worked on L1 visa for 2.5years and now worked with another company 2years on a H1-B visa. Does it all count towards the 6 year rule, PLEASE ADVICE.
 
Green Card to Citizenship

My fiance is on H1-B visa, and I have a green card for the past 10 years, we are schedule to marry in August, should I apply for my citizenship before we do our court marriage. Please advice.
 
Totaly nonsense! As long as your employer does not complain. Nobody will bother you.

It\'s so unfortunate that slavery mentality is already shaped up during this immigration ordeal so that people are afraid of everything.
 
You must log in or register to reply here.
Top