changing employer after GC

friendcool said:
Ok, finally I belong to this board.

I filed 485 in 06, changed job under AC21 twice. Having been working for the current employer for 10 months now. I am planning to quit ASAP to start my own business.

I am thinking of lowering my performance so that the employer can fire me. I am wondering if that's the only way.
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Any violation of company code would be sufficient, if it doesn't involve crime.

E.g. coming to work drunk every day is ok, provided that you don't get caught DWI/DUI.

Chronic tardiness, laziness, should be ok too.

Verbally insulting your manager should be good enough, however be careful that it won't come close to verbal assault. i.e. if you publicly portrait him as a "point-hairy boss" that's ok, but if you call him "SOB, crazy m..f..r" that's not ok.

Be careful that you don't have the next job lined up before you have been fired!
If worst (trial or INS investigation) comes, you should be able to prove 100% that you begun looking for work only after you have been dismissed.

Simply lowering the performance is usually not enough, because in many cases it will make you reassigned to a boring job rather than fired outright.
 
While taking labor sub from employer, He asks me to stay for 6Months after GC or total 2 years. It was written official in the offer letter.

So now i have my GC, the 2 years passed and GC after 6months is due. Can i change jobs with out worries. I would like to go by 1099 or W2 from my own company
 
I have been with the same employer for 7 yrs now. My GC process took close to 6 yrs and I would REALLY like to move on. Its getting close to a month now that I have my GC in hand and offers are starting to trickle in - mostly for similar kind of work.

In reading through the posts, the recommendation is clear. However, I wanted to know if the GC ordeal of 6 yrs apprx (6.5 yrs with the same employer) can justify a switch w/o waiting for the recommended 6 month - 1 year time frame.

Any guidance / thoughts will help.

Thanks.
 
TheRealCanadian said:
Did you read the first sticky in this forum?
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Just did. Here's the important part:

Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

These are Rajiv's own words. Of course he stresses the fact that these numbers are his own guesses.
 
keepupdahope said:
I have been with the same employer for 7 yrs now. My GC process took close to 6 yrs and I would REALLY like to move on. Its getting close to a month now that I have my GC in hand and offers are starting to trickle in - mostly for similar kind of work.

In reading through the posts, the recommendation is clear. However, I wanted to know if the GC ordeal of 6 yrs apprx (6.5 yrs with the same employer) can justify a switch w/o waiting for the recommended 6 month - 1 year time frame.
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How long did you work for them after filing the I-485? If you spent more than a year with them after filing it, it will be really difficult for USCIS to attack you on the basis that you lied about your intent on the I-485. But leaving within one month post-GC makes it look bad, as if you were just sitting and waiting for the GC to make the jump.

But since there is no specific length of time baked into law, it boils down to your tolerance for risk and how important citizenship is to you. Your employment history is unlikely to be looked at by USCIS ever again until and unless you apply for citizenship. If there is a court case on this before you get citizenship, where do you think the court will draw the line? Make your decision based on your guess to that question.
 
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Jackolantern said:
How long did you work for them after filing the I-485? If you spent more than a year with them after filing it, it will be really difficult for USCIS to attack you on the basis that you lied about your intent on the I-485. But leaving within one month post-GC makes it look bad, as if you were just sitting and waiting for the GC to make the jump.

But since there is no specific length of time baked into law, it boils down to your tolerance for risk and how important citizenship is to you. Your employment history is unlikely to be looked at by USCIS ever again until and unless you apply for citizenship. If there is a court case on this before you get citizenship, where do you think the court will draw the line? Make your decision based on your guess to that question.
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Thanks for your input.

Yes, the approval came over a year after my 485 was filed. My labor petition was stuck for 4.5 yrs. I'm hoping the delayed processing timelines with my case is justification enough.
 
I have a very similar case. I have worked for the same employer for 6.5 years and spect 5.5 years in GC process. Of these only a year waiting for 485 to get approved. I have had my GC for 2 months now. I am wondering is it ok to leave?

My thought is how about all the people who use the AC21 to switch employers. They have violated their intent to join the sponsoring employer. Are they all going to be denied citizenship?

I am personally thinking it is worth the risk. Worst comes to worst, you can debate it with the officer that you were with the company for a year after filing the GC.

As for there being a law in future, requiring employment based immigrant to stay with same employer for x amount of time..... what are the chance such a lawwill be made?

I think the long waits have really made us paranoid. I think its time to move on......

Any ideas?

keepupdahope said:
I have been with the same employer for 7 yrs now. My GC process took close to 6 yrs and I would REALLY like to move on. Its getting close to a month now that I have my GC in hand and offers are starting to trickle in - mostly for similar kind of work.

In reading through the posts, the recommendation is clear. However, I wanted to know if the GC ordeal of 6 yrs apprx (6.5 yrs with the same employer) can justify a switch w/o waiting for the recommended 6 month - 1 year time frame.

Any guidance / thoughts will help.

Thanks.
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My thought is how about all the people who use the AC21 to switch employers. They have violated their intent to join the sponsoring employer. Are they all going to be denied citizenship?
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Those who use AC21 are, in fact, substituting their old sponsor with a new one (and doing so in accord with the law). The new one has the same responsibility to you and USCIS, and vice versa. Thta is why AC21 only applies before GC is awarded.

We can complain all we want that GC took too long, but the employment period which satisfies the conditions of begins with the approval of GC, not before.
 
2002calabor said:
I have a very similar case. I have worked for the same employer for 6.5 years and spect 5.5 years in GC process. Of these only a year waiting for 485 to get approved. I have had my GC for 2 months now. I am wondering is it ok to leave?

My thought is how about all the people who use the AC21 to switch employers. They have violated their intent to join the sponsoring employer. Are they all going to be denied citizenship?

I am personally thinking it is worth the risk. Worst comes to worst, you can debate it with the officer that you were with the company for a year after filing the GC.

As for there being a law in future, requiring employment based immigrant to stay with same employer for x amount of time..... what are the chance such a lawwill be made?

I think the long waits have really made us paranoid. I think its time to move on......

Any ideas?
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I did catch up with my lawyer about this. The fact that I had my 485 pending for over a year with flexibility to change employers by invoking AC21 and more importantly nothing baked into the law once you have your GC, she adviced it was ok to move along after at least a month.

If close to 7 years of service with a single company in this day and age is not good enough intent then I'm not sure what is.
 
Any Updates?

keepupdahope said:
i Did Catch Up With My Lawyer About This. The Fact That I Had My 485 Pending For Over A Year With Flexibility To Change Employers By Invoking Ac21 And More Importantly Nothing Baked Into The Law Once You Have Your Gc, She Adviced It Was Ok To Move Along After At Least A Month.

If Close To 7 Years Of Service With A Single Company In This Day And Age Is Not Good Enough Intent Then I'm Not Sure What Is.
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Any Updates On It?
Kali
 
It is PERMANENT RESIDENCY based on "EMPLOYMENT"

I am not an expert on this issue, but here is my take:

It is PERMANENT RESIDENCY based on "EMPLOYMENT" and NOT GREEN CARD based on a COMMITMENT to work PERMANENTLY with the GC SPONSORING EMPLOYER till YOU DIE.

You have indeed submitted to USCIS your willingness to work for the GC sponsoring employer upon the approval of the "PERMANENT RESIDENCY" but the sponsoring employer has also made a similar commitment that they have a job to hire you upon the approval of I-485.

IMO, once you have the GC and you have worked for the sponsoring employer at least for a month and completed the formalities of giving sufficient notice for your resignation and is accepted by the employer, you have satisfied the 'intent' and met the commitment you have made to the USCIS.

I think the term "PERMANENT RESIDENCY" and the intent to "WORK PERMANENTLY" for the GC sponsoring employer has been thoroughly confused to the benefit of some lawyers and employers.

I would like to if any one in this country can post a confirmation that there is even a single case of denial of 'CITIZENSHIP' or renewal of 'PERMANENT RESIDENT CARD' due to the GC holder leaving the GC sponsoring employer 'TOO SOON.'

I thought the post by mir_0907 with the link to a USCIS page on 'employment rights' of PERMANENT RESIDENTS was a SOLID resolution to this debate.


IE
 
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Imm_Exploited said:
I thought the post by mir_0907 with the link to a USCIS page on 'employment rights' of PERMANENT RESIDENTS was a SOLID resolution to this debate.
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No it's not. You have the right to work for who you want, but you don't have the right to lie during the green card process. If you are deemed to have left too quickly after green card approval, the wrongdoing is not in leaving the employer ... the wrongdoing would have happened back when the I-485 was filed, which just happened to be exposed by your action of leaving the employer.

Similarly, as far as the US government is concerned, green card holders have just as much right as US citizens to travel to the foreign country of their choice (the length of travel may be restricted more than US citizens, but not the choice of country as long as the other country chooses to let you in). However, if you got your green card as an asylee or refugee, and travel back to the country you escaped from, the potential wrongdoing is not in the act of traveling to the country; the potential wrongdoing happened before that, in lying to gain asylum or refugee status -- a lie which got exposed by traveling to that country.
 
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Last week, one of my friends has left the "sponsoring" employer exactly 6 months after getting his GC. Is there a risk here? In my friends case, the employer haven't paid any processing cost for the entire GC marathon ( LC, 140, 485, EAD etc ). He has paid all the cost from his own pocket. Is there a risk here - any suggestion would really be helpful. Thanks
 
stuffedcrust said:
Last week, one of my friends has left the "sponsoring" employer exactly 6 months after getting his GC. Is there a risk here? In my friends case, the employer haven't paid any processing cost for the entire GC marathon ( LC, 140, 485, EAD etc ). He has paid all the cost from his own pocket. Is there a risk here - any suggestion would really be helpful. Thanks
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Until USCIS makes an explicit regulation regarding how long is good enough, or there is a court case drawing the line somewhere, yes there is a risk. But at 6 months post-GC, the risk probably dwindles to less than the risk of crossing the street or driving a car. If he's not worried about doing those things, he shouldn't be worrying about leaving the employer at that time.

Having paid all the GC costs himself won't increase or decrease the risk. However, he could potentially sue the employer to recover some of those costs, because some of them (I believe the LC and I-140) are supposed to be exclusively paid for by the employer without reimbursement from the employee.
 
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