changin job immediately after approval.

There is no law that can stop someone from changing the job. But this is what happens:

You and the employer both state (under outh) that you will work togather permanently. Now, nobody knows what goes on in someones mind. Therefore, nobody knows whether you actually meant what you said (will work permanently). In order to show that you actually did not mean what you said, INS can show that because the employer-employee relationship was terminated shortly after the grant of GC, there was no intent to work permanently right from the begining (therefore fraud). But, if can show that your departure was not planned, something happened (something really unforeseeable) and that led to the break up... you will be fine. Meaning that you can leave the very next day if you can show that you did not plan this before the approval of GC.

Time is not important, intent is. If employer knows for sure that he is going to lay you off after say 8 month but still gives employment letter saying he will higher you permanently, he is misrepresenting...

"Intent" is one of the complex things... if you want to know more about it, just pick up a criminal law and procedures text book...

(by the way, I am also a 2L law student )

There is no need to discuss this anymore.
 
That is good you are a law student... so what is meaning of permanent? You mean forever.. You might say INS rules might over write civil laws but there is no permanent in US as FYI... I challenge you if any employer who is going to say that he is going to keep you for permanent till your death. He has right to hire and fire based on circumstances. What is intent.. you tell me.. intent is based on what he thinks of the future which is not predictable. His intent might be good at the time of applying, however that might change later based on how the circumstances change and you are not sure about that.. If everything goes according to plan or as you think, there is no need to worry. You will get whatever you want but that is not true. You change plans, your goals, your career.. etc and you have right to do that. That is basic human law... If you do that you should be able to prove that ofcourse... if yo go that far.. however I do not see that...

If employer is already aware that he is going to layoff in 8 months and still he process the GC saying that he is going to employ, then he is misrepresenting...because you are already know that. That does not need explanation. The employer also says that he is going to employ and when the RFE for employment letter is responded in such a way that we still support the petition and that he is still employed with us and we are still offering the salary as per our LC.
 
If it were so easy to understand, they won't require us to spend at least 1000 hours reading the law every year. Do you know what is the pass rate in bar; ~30%. Why ? because it is not as easy and straight forward (even though it look like...) as you think.

You are missing something : the point here is "You may have good intent but since I cannot go into your mind to find out, I will try to use circumstances to show that you did not have good intent". Leaving right after getting GC without a valid reason is one of those element I would use to show that you did not have intent right from the beginning."

You appears to be very sentimental. Basic human law does not work in all cases. Not in real life. Specially in immigration situations. Get real.

Most people here says "hey, my friend did it, nothing happened. ". This is not how things work. I was not caught shoplifting does not mean that shoplifing is legal and that you will also be not caught...

By the way, you will get all your answers (definition of permanent etc.) in my previous post. You will just have to understand it.

Thats why I said - no point discussing it.
 
Last edited by a moderator:
You must log in or register to reply here.
Top