Bhanu Where are you.

No Title

Hello,

I am here... it\'s just getting a little crazier at my office... may be the realize that I am at the end of the tunnel.. but I am still here.. unapproved...

Thanks for thinking about me...

Bhanu
 
No Title

Bhanu,

Always nice to know you are around. So please continue to serve this forum after you receive your card!

You had mentioned in another posting about a "silly" INS clause that pretty much prevented people from changing jobs soon after they got the green card. Could you please elaborate on that point??

Thanks

Gundappa
 
No Title

Thanks GV,

Just curious, am I talking to the Cricket great GV? *smile* I am die-hard cricket fan but I apologize if I offended you in anyway...

Thanks for kind comments.

The answer to your question: The silly INS clause says that, the burden of proof lies on the GC applicant for 90 days after getting the approval notice (not stamping or having the card in hand) that the GC was not obtained through fraudulent means which also includes using the sponsor just for the purpose of obtaining the GC. After that, INS assumes the responsibility of fraud. Technically, this is very grey area that has lot of arguments in case if somebody gets in to this litigation. Most likely the employer (sponsor) abuse is a great reason to quit the sponsor company that always benefits the applicant. However, this is a highly debatable issue.

I take the cautious approach as I hate legalities (although I always like to know them and work around them) and hence take my time to look for a good job and ink the deal. This process takes 3 months anyway (which should also include a relaxing trip to your home country) and in the mean time if the sponsor fires you then well and good because this proves that the sponsor has no case when they complain to INS as they themselves got rid of you.. besides it is easy to get fired, right? *smile*

Also, if you think your employer doesn\'t care if you leave, then I would say you can leave prior to 90 days (I know I will..)

Hope this helps
Bhanu
 
No Title

Bhanu:

Do you by any chance have any citations of the INS clause. I would like to take a look at it. I am in the same position as yours. I want to leave after the GC. I am pretty sure that my employer will not complain to INS that I left. I know that they do not want me to leave, but being in the same company for almost 6.5 years is enough for me. But want to make sure that legally I am covered.

So, please let me know if you know the citations of the regs.

And by the way, I hope that the great GV is not in a position as we are in. Indeed he was great to watch. I used to live pretty close to his place in Bangalore after he retired.
 
Thanks

Good Luck
 
No Title

hello,

I have read it from my lawyer\'s note a while ago and unfortunately I don\'t have it personally. You may however contact an "Independent" lawyer (for obvious reasons) to confirm (like Rajiv Khanna).

Bhanu
 
No Title

Hello all,

People tell me I am great in my own right, but I only performed my duty for my country.
Like all of you, I am not a big risk taker myself so I wanted to clarify this legal doubt. But as a devotee of Cricket, I still feel that the \'Square Cut\' is still the best shot that ever was. I can prove that you can play this shot even on a full toss delivery as I did on many occasions. It is another matter that I also had to walk to the pavilion soon after!

Thank you, and I hope I have cleared the doubts in your minds.

Gundappa Vishwanath
 
You must log in or register to reply here.
Top