Change jobs after obtaining GC

[dotts04]

Hello:

I am sure this is a question that is asked frequently.

I filed for AOS on March 2nd, 2012. I got my GC on July10th, 2012. One of my ex colleague asked me if I wanted to join his company (same title and same job responsibilities) now that I have my GC.

I do not know if I can leave my current company who sponsered my GC. There is a time limit on how soon I can work for a different company ?

Please advise.

Thank you.

 

[Jackolantern]

It's a very gray area, which probably won't be clarified until somebody gets in trouble for changing jobs too soon (such as having their green card revoked or being denied citizenship) and it goes to court.

See http://forums.immigration.com/showthread.php?154533-Rajiv-s-opinion-on-changing-job-after-GC

That thread was posted years ago, and since then many on this forum have naturalized successfully without the changing jobs issue causing a problem, except for a couple of cases where they left less than a month after GC approval (and even they were eventually approved after supervisor review).

So at this point many consider the recommendation to wait 6 months after GC approval to be overly cautious.

However, if I were you I would wait at least 180 days after filing for AOS, which would be some time in September. Although AC21 technically applies only to job changes while AOS is pending, AC21 appears to demonstrate that it was the intent of Congress that one should be able to change jobs 180 days after filing for AOS, so it would be better if you would wait at least that long.

 

[dotts04]

Thank you for the link.

The question I have is --- Do I have to wait 6 months from obtaining GC (which is July 2012) or wait 6 months from filling AOS (which is March 2012) ?

Thank you.

 

[Jackolantern]

Thank you for the link.

The question I have is --- Do I have to wait 6 months from obtaining GC (which is July 2012) or wait 6 months from filling AOS (which is March 2012) ?

The last two paragraphs of my above post already answered that question.

Just note that there will be no definite right or wrong answer until somebody goes to court over this, or USCIS issues a memo or regulation describing their interpretation, or Congress passes a law to clarify it. So until such clarification is received, job changes are at your own risk.

 

[-me-]

Thank you for the link.

The question I have is --- Do I have to wait 6 months from obtaining GC (which is July 2012) or wait 6 months from filling AOS (which is March 2012) ?

Thank you.

if you want to feel warm and fuzzy in 5 years, when you go for naturalization, stay with the GC sponsor for six months. However, if you are a risk taker and the opportunity is worth the risk, then you may try and make the "slavery" last shorter.

The concern here is that USCIS is pretty much tolerant now under Obama's administration, but it really depends on the policymakers and the way they interpret the law.