changing employer immediately after GC
- Thread starter Theja
- Start date
Here is my opinion on this...
Theja -
Given that some of us invoke AC21 and switch job even before the GC approval, there should not be any harm in changing one's job as soon as you get your green card.
Then again, I also read somewhere in this forum that it could raise a red flag when it comes for you to apply for U.S. Citizenship because your GC issuance is based on your "future" employment with your sponsoring employer.
Therefore, just to be safe, I would stay with your employer anywhere between six months to a year to establish your intention to work on a "permanent" basis. I would also consider other factors before changing your job (i.e. wait until your 401(k) and stock options are fully vested) because you've worked so hard to earn these perks, too, and your retirement is just as important as your GC
Japanese
Theja -
Given that some of us invoke AC21 and switch job even before the GC approval, there should not be any harm in changing one's job as soon as you get your green card.
Then again, I also read somewhere in this forum that it could raise a red flag when it comes for you to apply for U.S. Citizenship because your GC issuance is based on your "future" employment with your sponsoring employer.
Therefore, just to be safe, I would stay with your employer anywhere between six months to a year to establish your intention to work on a "permanent" basis. I would also consider other factors before changing your job (i.e. wait until your 401(k) and stock options are fully vested) because you've worked so hard to earn these perks, too, and your retirement is just as important as your GC
Japanese
WaitinginQ
Registered Users (C)
Unless
of course the Employer turns out to be an Enron type
of course the Employer turns out to be an Enron type
Theja and Japanese,
How to define the " based on your 'future' employment with your sponsoring employer " ?
Actrually most of us has worked for the employer more than two years before the stamps of passport. ... then should we still work for him another half year after GC approval???
My feeling is that if we still work in the same/similar area, it should be no any problem (after 180 days i485 filing, and of course after GC approval immediately).
Wellcome any input and correction.
How to define the " based on your 'future' employment with your sponsoring employer " ?
Actrually most of us has worked for the employer more than two years before the stamps of passport. ... then should we still work for him another half year after GC approval???
My feeling is that if we still work in the same/similar area, it should be no any problem (after 180 days i485 filing, and of course after GC approval immediately).
Wellcome any input and correction.
I think there are no specific rules for this. 60 days/6 months etc are numbers that have been thrown around. I know lots of people who quit the very next day. Everybody is aware of examples- of people quittng the consulting co. and joining the client immediately after GC. With AC21 ofcourse people are quitting- years in advance.
HTH
HTH
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When a company sponsors you for an Employment Based green card, it is because you intend on being employed with them on a permanent basis.
There are two key word in statement I made. Intent and permanent. What is permanent? Certainly not the rest of your life. Some lawyers advice that 6-12 months (rarely more) is sufficient. That's where the 6 month rule of thumb comes into play. The second part is intent. Can you prove that you intended to stay with your employer permanent when the I485 was filed an while your were waiting for an approval? Again, some would say that staying 6 month would prove yes on both counts.
There's nothing set in stone, although leaving your employer 2 days after getting your green card might raise some eyebrows.
rgds,
sadiq
There are two key word in statement I made. Intent and permanent. What is permanent? Certainly not the rest of your life. Some lawyers advice that 6-12 months (rarely more) is sufficient. That's where the 6 month rule of thumb comes into play. The second part is intent. Can you prove that you intended to stay with your employer permanent when the I485 was filed an while your were waiting for an approval? Again, some would say that staying 6 month would prove yes on both counts.
There's nothing set in stone, although leaving your employer 2 days after getting your green card might raise some eyebrows.
rgds,
sadiq
I do not disagree with the concept of intent/permanet job etc. But the issue is if I change employer- am I showing mal-intent or fraud. With AC21 the govt recogized the fact that people have the need- willingly or otherwise to change jobs. Else the system was not working. Neither the employers were able to fire people nor other employers were able hire the people- as the employees were stuck.
The AC21 was NOT named as a conevinence act for the benefit of immigrants but it was named as American Competitiveness Act- as it serves the market better- and improves the cometitiveness of the economy.
HTH
The AC21 was NOT named as a conevinence act for the benefit of immigrants but it was named as American Competitiveness Act- as it serves the market better- and improves the cometitiveness of the economy.
HTH
hidden_dragon
Registered Users (C)
This is exactly the loopwhole in this whole thing. You can have intent to change job before 485 adjudication, which is covered by AC21, but there is no clear saying about what happen after GC approved. I am sure this will become more of an issue once the 485 backlog is solved. USCIS would have to give out clearly statement on details of AC21 implementation, before or after GC.
Let's say, somebody changed the jobs immediately after getting GC (say in a week) and then he goes for citizenship after 5 years. When the authorities ask about his intention, what are the arguments we can say....
...that the sponsering employer didn't agree to pay the specified wages.
...had a better opertunity and invoked AC21 after GC approval.
Any thing else? Will these arguments stand?
...that the sponsering employer didn't agree to pay the specified wages.
...had a better opertunity and invoked AC21 after GC approval.
Any thing else? Will these arguments stand?
1. AC21 applies only till GC is pending and not after approval.
2. In general- the job change question should never arise or be relavent at time of citizenship. Even though it may be asked.
3. As there are no rules around how long you should stay with sponsor- it is open to anything or nothing. I just changed job beacause I found a better one.
2. In general- the job change question should never arise or be relavent at time of citizenship. Even though it may be asked.
3. As there are no rules around how long you should stay with sponsor- it is open to anything or nothing. I just changed job beacause I found a better one.
plastic_gc
Registered Users (C)
What if employer lays u off
Guys
What happens if u r layed off immediately after getting GC?
****************
RD Dec 01 2001
ND Dec 07 2001
AD Nov 24 2003
Stamped from Cleveland, OH
Plastic : Waiting..........................
Guys
What happens if u r layed off immediately after getting GC?
****************
RD Dec 01 2001
ND Dec 07 2001
AD Nov 24 2003
Stamped from Cleveland, OH
Plastic : Waiting..........................
if they were not planning on laying you off when the I485 was filed and when employment based RFEs were responded to (if applicable) it shouldn't be a problem. again intent whether one agrees or not is the key item. the other thing to remember, is no one knows what exactly sets of USCIS.
rgds,
sadiq
rgds,
sadiq