Can I change employer after passport stamping?
- Thread starter Ash_2002
- Start date
lamborghini
Registered Users (C)
Ash_2002:
This question has been asked many times before and there are plenty of discussion threads on this here on this chat board and also elsewhere.. Also Attorney Murthy does chat sessions and some questions that have been asked relate to this, so you should check on that at www.murthy.com
Now from what i understand it is frowned upon if you leave immediately, as many things can go wrong - your ex company can cancel your GC or you could be asked about this at the time of Citizenship interview etc. etc.? After all the underlying basis of GC is (or at least it used to be) that you did intent to stay with that company on a "permanent" basis.
Another twist has been thrown by AC21 which says that if laid off during I-485 pending period, you can join a job of similar description. So now what stops you from joining a job of similar description after GC approval.. ?? Note that there is a difference here, in that you are leaving voluntarily.
Some people will say no worries - you can do it! Others will err on the side of caution and recommend sticking for 5-6 months mabe even a year. Can you not stick it out like 6 months?
Reason I reply is I noticed that you posted your question and I didn't want it to go unanswered. Please look up the threads here and also at other sites and even talk to your lawyer and then decide
cheers
This question has been asked many times before and there are plenty of discussion threads on this here on this chat board and also elsewhere.. Also Attorney Murthy does chat sessions and some questions that have been asked relate to this, so you should check on that at www.murthy.com
Now from what i understand it is frowned upon if you leave immediately, as many things can go wrong - your ex company can cancel your GC or you could be asked about this at the time of Citizenship interview etc. etc.? After all the underlying basis of GC is (or at least it used to be) that you did intent to stay with that company on a "permanent" basis.
Another twist has been thrown by AC21 which says that if laid off during I-485 pending period, you can join a job of similar description. So now what stops you from joining a job of similar description after GC approval.. ?? Note that there is a difference here, in that you are leaving voluntarily.
Some people will say no worries - you can do it! Others will err on the side of caution and recommend sticking for 5-6 months mabe even a year. Can you not stick it out like 6 months?
Reason I reply is I noticed that you posted your question and I didn't want it to go unanswered. Please look up the threads here and also at other sites and even talk to your lawyer and then decide
cheers
lamborghini is 100% correct .
If you are primary applicant you cannot but the depends can change the job as they like. Primary applicant should stick with the company for while ( this length nobody know). it may arise problem while citizenship.
Cheers!!!!!!!!!!!!!!!!!
If you are primary applicant you cannot but the depends can change the job as they like. Primary applicant should stick with the company for while ( this length nobody know). it may arise problem while citizenship.
Cheers!!!!!!!!!!!!!!!!!
Every one is entitled to their own view on this issue, but I beg to differ. Here is my reasoning:
AC21 allows you to switch employers in the event of the INS not adjudicating your application within 180 day (note that it is not only associated with layoff but voluntary too) of your initial application. Therefore, one could argue that the clause of intent expires with the passage of 180 days from application. Considering the above, how the INS expect you to hold on to intent even after getting your approval considering that you legally were allowed to change intent, maybe even days before your approval? One could have considered change of employment, say 360 days after applying under AC21, legally since he had not received his approval and is awaiting the 30 day notification or more within which he receives his approval. Then I think he is legally entitled to change since the offer and acceptance was made before receiving his approval. And even if he changes intent after getting the GC, since the regulations have not yet been passed, a legal and plausible assumption that a person is entitled to change intent since his application was not adjudicated within 180 days would be fine!
There would be thousands of ways to argue this but is it worth the trouble? Weigh your options before you decide.
Just my view of the whole issue. Not to be construed as legal advise but I think it makes a valid point.
AC21 allows you to switch employers in the event of the INS not adjudicating your application within 180 day (note that it is not only associated with layoff but voluntary too) of your initial application. Therefore, one could argue that the clause of intent expires with the passage of 180 days from application. Considering the above, how the INS expect you to hold on to intent even after getting your approval considering that you legally were allowed to change intent, maybe even days before your approval? One could have considered change of employment, say 360 days after applying under AC21, legally since he had not received his approval and is awaiting the 30 day notification or more within which he receives his approval. Then I think he is legally entitled to change since the offer and acceptance was made before receiving his approval. And even if he changes intent after getting the GC, since the regulations have not yet been passed, a legal and plausible assumption that a person is entitled to change intent since his application was not adjudicated within 180 days would be fine!
There would be thousands of ways to argue this but is it worth the trouble? Weigh your options before you decide.
Just my view of the whole issue. Not to be construed as legal advise but I think it makes a valid point.
This is a good question and one I have considered myself. How does your answer change if one does not intend to apply for citizenship? Does that make a difference?
I have been 5 years at my company now and they know they have me guaranteed here until I get the GC...for now I must suffer. I cannot wait for the day when I am free. Someone actually asked me the other day "What is the big deal about getting your green card?". If only they knew...
I am also interested in this parallel processing thing. How did that idea get started?
I honestly don't know what I would do if I hadn't found this forum. It's so comforting to know I'm not the only one waiting. Thanks to all you guys.
PD 10/31/00
RD 7/8/02
EAD 7/23/02
FP 7/22/02 (notice)
FP 8/15/02 (appointment)
I have been 5 years at my company now and they know they have me guaranteed here until I get the GC...for now I must suffer. I cannot wait for the day when I am free. Someone actually asked me the other day "What is the big deal about getting your green card?". If only they knew...
I am also interested in this parallel processing thing. How did that idea get started?
I honestly don't know what I would do if I hadn't found this forum. It's so comforting to know I'm not the only one waiting. Thanks to all you guys.
PD 10/31/00
RD 7/8/02
EAD 7/23/02
FP 7/22/02 (notice)
FP 8/15/02 (appointment)
Yes, employer cann't cancel ur GC at all on its own. But remember AC21 is still in a very amiguous stage of interpretation., until concretized. Therefore, I have following suggestions:
1)if u can afford to not leave ur employer after GC approval: Best thing to do
2)if u r laid off after GC except for misconduct etc.: still u r safe to join another company without getting ur GC status affected at all
3)if u leave ur present employer in good spirit (now that's a subjective matter): Still OK
4)if u leave employer with bad taste in latter's mouth: u fall under the fuzzy logic state wherein u won't know for sure what the implications could be unless u want to interpret AC21 in ur own way
5)leaving after 6-12 months (good or bad taste): fairly safe even considering AC21 ambiguities
1)if u can afford to not leave ur employer after GC approval: Best thing to do
2)if u r laid off after GC except for misconduct etc.: still u r safe to join another company without getting ur GC status affected at all
3)if u leave ur present employer in good spirit (now that's a subjective matter): Still OK
4)if u leave employer with bad taste in latter's mouth: u fall under the fuzzy logic state wherein u won't know for sure what the implications could be unless u want to interpret AC21 in ur own way
5)leaving after 6-12 months (good or bad taste): fairly safe even considering AC21 ambiguities
Thanks dma_va........
Thanks dma_va, I like your suggestions regarding changing employer. I will try to stay with current employer for next few months and I will try to join another employer.
If my company close down in few months, in that case, It will be safe to work for another employer, what you think?
Thanks again for your reply.
Shaki.
Thanks dma_va, I like your suggestions regarding changing employer. I will try to stay with current employer for next few months and I will try to join another employer.
If my company close down in few months, in that case, It will be safe to work for another employer, what you think?
Thanks again for your reply.
Shaki.
Employer can get you GC cancel
Employer can get it cancelled if he shows proof that your intention was not to work them even before getting the GC. He has to proof this by means of email (if you use company mail server for job soliciting) etc. In realty hardly any employer will go in litigation except to satisfy personal grudge. So bottom line is if your employer does not care you can change the job.
Employer can get it cancelled if he shows proof that your intention was not to work them even before getting the GC. He has to proof this by means of email (if you use company mail server for job soliciting) etc. In realty hardly any employer will go in litigation except to satisfy personal grudge. So bottom line is if your employer does not care you can change the job.
Kaash,
As I have said, Employer can't do that on his own but he might have a case to present to INS against an employee, if the intent of the employee goes against the spirit of GC process (which is to continue working).
AC21 and its ambiguities is the key in this matter (more subjective than objective).
As I have said, Employer can't do that on his own but he might have a case to present to INS against an employee, if the intent of the employee goes against the spirit of GC process (which is to continue working).
AC21 and its ambiguities is the key in this matter (more subjective than objective).
Nowhere the rule says that after getting Green Card, a person has to stay in the same company through which the Green card was processed.
INS says the following about naturalization:
Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:
* a period of continuous residence and physical presence in the United States;
* residence in a particular INS District prior to filing;
* an ability to read, write and speak English;
* a knowledge and understanding of U.S. history and government;
* good moral character;
* attachment to the principles of the U.S. Constitution; and,
* favorable disposition toward the United States.
All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition.
Visit http://www.ins.gov/graphics/services/natz/index.htm for details.
INS says the following about naturalization:
Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:
* a period of continuous residence and physical presence in the United States;
* residence in a particular INS District prior to filing;
* an ability to read, write and speak English;
* a knowledge and understanding of U.S. history and government;
* good moral character;
* attachment to the principles of the U.S. Constitution; and,
* favorable disposition toward the United States.
All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition.
Visit http://www.ins.gov/graphics/services/natz/index.htm for details.