changin job immediately after approval.

G

gnu01

Registered Users (C)
Earlier people used to say it's better to stay for 6 monts(atleast 3 ) in the company with which 140 was filed.

Is it still true after AC21. What is the guidance by attorneys recently. Since people are even moving before approval what happens if we move immediately after approval.

The reason I am asking this is because I have a chance to be part of a new start up and we already secured decent funding.
Should I levae early & use AC21 or wait for a month or two & then leave after approval?
 
use ac21 before approval

AC21 can be used as long as I-485 is still pending. Once 485 is approved, it is better to wait for 6 months before changing.

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How does it matter if you leave before 485 or after 485 ? There were guidelines that you should be with your sponsoring company for atleast 6 months, but now a days conditions has been changed. Nobody is going to revoke your GC for sure for this but in future it could had been a problem for getting citizenship but not now. Only time will tell after four years.
Even than I would say if you can stick to your company then it is good otherwise you should have valid reason, like if you can prove that you are not leaving for $$$s.
 
How does it matter if you leave before 485 or after 485 ?

- it matters only if you want to use the portability prvisions of AC21


There were guidelines that you should be with your sponsoring company for atleast 6 months, but now a days conditions has been changed.

Nobody is going to revoke your GC for sure for this but in future it could had been a problem for getting citizenship but not now. Only time will tell after four years.

- i agree with you completely.

This is from Murthy site about AC21

Those eligibility requirements under section 106(c) of AC21 are that

(a) the I-485, Application for Adjustment of Status, must be pending (unadjudicated) for 180 days or more; and

(b) the new job must be the same as, or similar to, the job described in the labor certification and I-140 petition
 
Isamp,

How does it matter if you leave before 485 or after 485 ?

My assumption was/is
since you can leave your sponsor before 485 approval using AC21 so how would it make a difference after 485 approval the only difference that you are not going to use AC21. The bottom line is you can leave your sponsor
 
Statutes (law creation by legislature) has to be specific. AC21 specifically addresses stage before 485 approval. It states that you can change employer if your 485 is still pending. Since it does not address the situation after 485 is approved, whatever was the guideline before will still hold good.

Couple of things:

1. When it comes to the law, you can not assume things.
2. Don't be so emphatic unless you are 100% sure (backed up by the law and its application to the facts in question)
3. Theoritically, GC can be revoked if INS has reason to believe that you or the employer committed a fraud in obtaining GC. Leaving employer immediately after getting GC appear to indicate that you had no intention to work "permanently" with the employer. You just wanted to get the GC and get out -> INS says it is a 'fraud'. Well, what is the defination of "permanent" here. Nobody knows. But for sure, leaving the employment after a month (unless you have a solid reason) certainly is not "permanent"

Bottom line : AC21 does not apply after 485 is approved. And, therefore, leaving employment too early might get you into trouble at some point of time (usually when you go for citizenship..)

Above is not a legal advice. It is just my awareness of the law.
 
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You can change employers anytime if you are a PR or citizen by using the fact that US Title VII of civil rights act gives the freedom of changing or working for different employers based on AT WILL EMPLOYMENT where the company can fire or you can for that fact work or leave at any time. Check with your lawyer anyway to make sure there are no loopholes as such in the INS laws. Better be sure before than repent after. But I think it should not be a problem to change employers anytime.
 
goodsaint

How do you prove it is fraud? What is your intention in getting your GC? It might not be to change job.... it might be otherthings as well. After getting GC you might have changed your decision to change for a better job for better offer, for better living... more over INS does not revoke GC if you change employers, it is the employer who can revoke GC if you change employers immediately after GC because of other reasons. However that rule can no longer be applied now and it is not valid if your employer follow at will employment.
 
Why can't you just apply for Leave for Absence for half year or a year, while start to work for another employer?
 
hey BBCHENGC, that wouldn't work because it's very rare for people to have 2 similar positions in 2 different companies at the same time, unless you are a very experienced person or are starting up your company on the side.

I just started wondering on what happens to people when they apply for citizenships but got their GC's while being umemployed. I personally know of people who got their GC's after 4 months of being laid off(lucky guys!!). Maybe this question might be better answered in the" Life after The Green Card " section
 
How can employer revoke a GC? Do they have such powers?

Employer can inform INS if you quit too early (right after getting GC) and in that case INS MAY revoke it. The logic is same : INS will assert that you said you were going to work with the employer permanently. But since you left right after getting GC without any reasonable explanation, it shows that you have no intention to permanently work for this employer right from the begining. By the way, same thing applies to the employer. If an employer is giving you EVL while he knows that he is gonna lay you off next month or so, he is committing a fraud.

I think if someone have solid reason to leave, there should not be a problem. This is , however, not a solid reason -> "other company offered me more salary and good position"...

"leave of absence" terminates the moment you join another employer.
 
question

I am in the same boat having the situation where i can 't make a decision to change employer right after getting GC . My question is let us say, After getting GC if my employer doesn't pay on bench time is it o.k? to stick with for 6 months. please advise
 
Hell No way, Why do you want to stick to your employer if he is not paying you ?
You can change employer since you have a vaild reason.
just my 2 cents, I don't want to get in to this discussion.
I changed my employer just after getting my GC, and still I am having my GC with me. But I know I was having valid reasons.
Who knows what rules or what conditions will be there 4yrs from now.
 
Vipsha, you got a point. Who knows what's gonna happen 4 yrs later, but

it won't do harm if you can manage to sit on bench for half year or more.

This is what I've learnt from my past collegue. He applied for leave of absence soon after he got GC. Then he started to work as realtor (making good money). His employment with my company terminated after a year.

I can't answer spouse's question. I don't know if sitting on bench provides enough evidence of intention to work for his GC sponsor.
 
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Do you think that INS is fool? ( Indeed they are)
You are taking leave for 6 months and earning from other source and after that you are leaving your sponsor and INS will think that your intentions were good ?
INS also knows that why you took leave so why not play clean, if your employer does not have any problem and you are leaving him not because of $$$s then it should be OK.
 
AC21 to be used as exception

Chat User : Dear Ms. Murthy, you wrote last week that AOS approvals are still slow or even not coming along at all. What do you think is going on that accounts for this slowdown?

Attorney Murthy : The slowdown may have to do with the INS backlogs, delays with FBI security clearances, or their own administrative processing delays. Also, the INS is required to adjudicate some case types like the H1Bs, L-1s, and many other short-term classifications much faster.
So, the GC processing seems to be taking longer and longer since the INS probably believes that that is not required on a rush basis, with the person having agreed to work permanently for the GC-sponsoring employer. [\B]
We are continuing to receive approvals of AOS cases on a fairly regular basis. We have gotten them from Vermont, Nebraska, and California, but not Texas.
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My lawyer said AC 21 was introduced for the benefit of people laid off. The underlying basis for issuance of GC has not changed - you will have to work for the GC sponsoring if they are willing to employ you - on a permanent basis.
 
6 months

My lawyer said that 6 months after receving a GC is a resonable time to change jobs. These problems may come up during te citizenship process.
 
If I were you, I'd wait for 485 approval, then change job. After the INS issue your GC, they don't care what you do with it. Using AC21 prior to approval is a good way of getting yourself an interview (as you are bound to get an RFE) and possibly denied. After approval just go for it, even if it does screw up your Citizenship chances (which I doubt). Who wants Citizenship anyway? It doesn't do you any good (unless you really want to vote....????...), and it just means another horrific INS experience. Plus, I'll never give up my British citizenship, God Save the Queen.
 
My friend changed employer within 1 month or so of getting his GC. He had no problems with his employer who sponsored GC and he had no problems with the hiring company as well. They hired and he joined just because of pay.... It is too much to talk about people horrifying you about changing employers. It is not a problem to change employers even though you have no problems.

GC process is 2 way between the employer and the employee, the employer saying that he is going to employ the candidate and the employee is agreeing to work for the company and it does not say that either employee or the employer should stick to such and such time frame. You show me where you signed a paper agreeing to work for such and such period after your approval. Also the company when they applied for 485 might be in good position and might not be in good position after 1 year during the approval time and might lead to layoffs and that does not mean the employer is cheating INS, it is just the business. Unless there is a law stating that you cannot change employers or employer cannot terminate the GC beneficiary this is not valid. People are assuming to be on the safer side.

goodsaint, when I mentioned employer can revoke GC previously, I obviosly meant it is revoked by INS as the employer can inform the same. It does not mean employer himself can revoke the GC which was issued by INS. Moreover that law is not applicable now.
 
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