changing employer after GC

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caltonraphael

Registered Users (C)
Can somebody please help me. I received my GC on march 17th and asked severlas lawyers. Some said you need to stay 1 year, 6 months or 2 months with your sponsoring employer before beeing able to leave the company or you might get denied when you renew the GC or apply for citizenship. I really have a hard timestaying with my sponsoring employer since the management team changed since we started the process and really need to find a better job. My goal is to leave mid august which would be exactly 5 months after receiving the GC. Does anyone knows if this will be enought time for me to not have issue in the future. I waited so long for my GC that i don't want to loose everything.
 
caltonraphael said:
Can somebody please help me. I received my GC on march 17th and asked severlas lawyers. Some said you need to stay 1 year, 6 months or 2 months with your sponsoring employer before beeing able to leave the company or you might get denied when you renew the GC or apply for citizenship. I really have a hard timestaying with my sponsoring employer since the management team changed since we started the process and really need to find a better job. My goal is to leave mid august which would be exactly 5 months after receiving the GC. Does anyone knows if this will be enought time for me to not have issue in the future. I waited so long for my GC that i don't want to loose everything.
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This issue is near and dear to me because I had also worked for my GC Employer only for 2 weeks after getting my GC. I have tracked this issue for the last 2 years on this forum and I have not seen a single Denial for any N-400 application. Ofcourse, I too became a USC this weekend. During my IV, the only employment related question that I was asked was: If I am still working for my current employer as listed on the Application Form.

My interview lasted roughly 10 minutes....

PS: No two cases are same and so goes for the Interviewing Officers... this goes without saying that I am not a lawyer...
 
I have been very keen to know too about the guidelines of when one must be at liberty to change employers after receiving their GC. I have noticed that this topic has been beaten to death, but no straight forward answer has come through.

The best guideline that I have seen so far is the 3-6-9 month factors for being sponsored via CP rather than AOS as posted by someone in a different thread.


Stoned!
 
StonedAnt said:
I have been very keen to know too about the guidelines of when one must be at liberty to change employers after receiving their GC. I have noticed that this topic has been beaten to death, but no straight forward answer has come through.

The best guideline that I have seen so far is the 3-6-9 month factors for being sponsored via CP rather than AOS as posted by someone in a different thread.


Stoned!
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Are you referring to the 30-60-90 day rule? I don't think there is a 3-6-9 month rule.

Based on all that I've read, you are always at risk, but your risk is reduced after 6 months. How much, nobody knows.

Also, I think the risk primarily relates to when you are applying for citizenship. I think they would be hard pressed to deny you a renewal of your GC after 10 years. But this is immigration law we're talking about - a lot could change in 10 years, for the worse or for the betterment of all of us.

Just do what makes you feel comfortable and will keep you happy - no sense being a slave to the GC even after you've received it. You waited long enough.
 
caltonraphael said:
My goal is to leave mid august which would be exactly 5 months after receiving the GC.
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How long ago did you work for them since filing the I-485? The longer you worked for them since filing it, the more you can use that to defend yourself if harassed about it in the citizenship interview.
 
koolvik7 said:
This issue is near and dear to me because I had also worked for my GC Employer only for 2 weeks after getting my GC. I have tracked this issue for the last 2 years on this forum and I have not seen a single Denial for any N-400 application.
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True, but some have been hassled about it in the interview and were approved only after defending their reasons for changing jobs at the time (e.g. one guy's employer was dropping health insurance) and after the interviewer stopped to consult the supervisor. Who knows how it would have gone if the supervisor was in a good mood or he didn't have such a compelling reason to leave the company.

Sooner or later there will be a court case about this, and the court will draw the line somewhere. If changing jobs too quickly put you on the wrong side of the line, you can't go back in time to stay with the employer for a longer time.
 
Jackolantern said:
How long ago did you work for them since filing the I-485? The longer you worked for them since filing it, the more you can use that to defend yourself if harassed about it in the citizenship interview.
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Again, an interesting point. I have worked for my employer for over 7 years, yet it has been less than a year since my 485 was filed. Shouldn't the 7 years have some value in the big picture?


Stoned!
 
TheRealCanadian said:
Not really, since GC sponsorship is for a future job, and isn't related to your past employment.
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So this means in the long run, it is better to get stuck in the NC/485 mess than the LC backlog. Not that getting stuck in any backlog or mess is recommended.


Stoned!
 
This in _very_ interesting for me too.
I recently got approved. I did AC21 last October, after 485 pending for 17 months.
It's been 7 months on my new job and the new employer is not doing well. I"m on unpaid bench for 2+ months now and looking for a new job.
I never sent the AC21 letter and took up this job in good faith and am having to look for a new job only a few weeks after approval.
Not sure how this will reflect on the GC renewal/ N-400 application in future.
 
GC can be revoked

Dear All,

I am also in the same boat. I got my GC in Nov, 2007 and now I am moving to another job in August, 2008 (8 months). Is it still a problem?. The main question is there any one example of revoking GC after changing job?. I don't worry about citizenship. If they won't revoke my GC that's enough for me.

Any answers?
 
StonedAnt said:
Again, an interesting point. I have worked for my employer for over 7 years, yet it has been less than a year since my 485 was filed. Shouldn't the 7 years have some value in the big picture?
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No, because I-485 filing is the point in time when you declare your intent to work on a "permanent" basis for them. Before filing the I-485, you would have been on some kind of visa that was temporary by definition.
 
rkottani said:
I am also in the same boat. I got my GC in Nov, 2007 and now I am moving to another job in August, 2008 (8 months). Is it still a problem?.
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I personally wouldn't be afraid to change jobs after 8 months, but there is no guarantee that a court won't draw the line at 9 or 12 months.
The main question is there any one example of revoking GC after changing job?.
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If there is, it hasn't been to court and hasn't been mentioned on this forum. That lack of clarity is why are still debating this topic for the thousandth time.
I don't worry about citizenship. If they won't revoke my GC that's enough for me.
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Then you have less to worry about than those who want to become a citizen ASAP. USCIS will probably never look at your work history again unless you apply for citizenship. When you are eligible, you can research the legal landscape at the time and find out if there is any precedent that would put your green card at risk if you applied.
 
nj_skm said:
This in _very_ interesting for me too.
I recently got approved. I did AC21 last October, after 485 pending for 17 months.
It's been 7 months on my new job and the new employer is not doing well. I"m on unpaid bench for 2+ months now and looking for a new job.
I never sent the AC21 letter and took up this job in good faith and am having to look for a new job only a few weeks after approval.
Not sure how this will reflect on the GC renewal/ N-400 application in future.
Click to expand...
They don't care about it at GC renewal. And do you really think it is worth being unpaid for some more months just so it doesn't look bad on the N-400?
 
So, whats the verdict? No one knows when it is OK to leave your employer? 6 months? (thats what I heard) Anyone spoke with an immigration lawyer about it? Maybe someone who left earlier than 6 months can share their experience at the citizenship interview? Anyone heard about a person who got denied citizenship because they left their employer for another one in the same industry after 6 months or earlier???

Thanks for your feedback - I'm thinking about leaving soon. I'm trying to understand is this problem real.
 
All I know is that there is no exact science about leaving. I want to thank all of you for your respond. I think I will try to stick as much as possible with my sponsoring employer to get as close as possible as the 6 month deadline after receiving the GC (which is the time my lawyer told me to stay). Thx all for your advice.
 
Hello,

Can you please let me know when did u become US citizen and what is your DO? What did you say when the question was asked abt the job?

Thanks much,
akapoor


koolvik7 said:
This issue is near and dear to me because I had also worked for my GC Employer only for 2 weeks after getting my GC. I have tracked this issue for the last 2 years on this forum and I have not seen a single Denial for any N-400 application. Ofcourse, I too became a USC this weekend. During my IV, the only employment related question that I was asked was: If I am still working for my current employer as listed on the Application Form.

My interview lasted roughly 10 minutes....

PS: No two cases are same and so goes for the Interviewing Officers... this goes without saying that I am not a lawyer...
Click to expand...
 
I have a friend who worked with me for many years. We were hired as H1Bs together, but my GC came through bit faster than his. He left the sponsor less than a month after getting his GC (two weeks actually!). On the natz interview, he was not asked any questions about why he left the company that soon, although he did put all the correct dates on the N400 - I know that for sure because I saw his N400 before he mailed it. He cleared the interview and got his natz certificate in due time.
 
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