Changing employer right after getting GC

S

suresh_colo

Registered Users (C)
Friends,

I've always assumed that once your green card is approved you are totally free to work for whoever you want to.
I've seen many friends change jobs only 1 or 2 months after getting green card and I never heard of having problems with that.

However, I've seen postings in this board suggesting that it would be safe to stay with the sponsor employer for 6 months after getting green card.

Is it true? If so, can someone point me to some official INS documentation where this is stated?

It seems dum to me that through AC21 a person can change jobs even before the green card is approved, but cannot change jobs after the green card is approved... Does it make any sense?

Thanks!
 
JoeF,

Thank you for your reply.

So, is it true to conclude that the law is different for the employee versus the employer?

A person that is laid off right after getting green card would not have any problem to join a new employer, right?

In that case, isn't the "gc sponsor employer" the one not showing "good faith intent"? (since the employer intended for the employee to have a permanent position with the company).


It does seem fair to me that the company can "trash" you at any time, but you have to be a "slave" for at least 6 more months after getting gc.

I mean, what about the 3 years (sometimes more) that we are stuck with the same employer waiting for the gc to be approved?
Doesn't it count as "good faith" to the employer from our part?
 
In my previous posting I meant:

It does NOT seem fair to me that the company can "trash" you at any time, but you have to be a "slave" for at least 6 more months after getting gc.
 
My Opinion

No offence intended!

I have visited many forums by searching for the keywords and interestingly, JoeF seems to have expressed exactly same opinion at many other forums. I have not seen many other credible sources affirming his point of view.

Lots of people (including the lawyers) have different point of view. One such example:
http://www.immigration-information.com/showthread.php?s=&threadid=1077

My lawyer does say that things are definitely vague with AC21, to some extent, due to lack of regulations. However, lack of regulations also gives us a lot of room for constructive arguments, if in an unlikely event, matter does go to the court.
 
JoeF,

You say:

"If you feel you are a "slave" you should have gone to an employer that treats you better a long time ago. "

You know (or should) that one cannot (or should not) change employers during the gc process.

So, yes, we are all SLAVES.

Slaves because most of us could be making twice as much money in case we had the freedom to work for whoever we want to.
 
JoeF

<Your Question>
So, if you feel that way, why didn't you go to the employer that pays twice as much before you started the GC process?
If it is your decision to accept lower pay in return for the GC sponsorship, you are the only one to blame.

<Answer>
Because I happened to be laid off from the employer that paid me twice as much.
Because of my slave condition, I had 30 days to find a job otherwise I would be illegal in this country and screw up all my immigration process.

I believe this sounds familiar to most of us, doesn't it?

If you were lucky enough to have a smooth ride during your gc process, then GOOD FOR YOU.
 
I do not think the work "slave" is being misused in this case.

This is one of the definitions of the word "slave":

"A person owned in law by another; servant without personal freedom" (*)

So, tell me, what's the difference between this definition and your "contractual obligation"?

Knowing that you'd be put into a slavery situation beforehand does not make it any easier.
That's the point. I understand all the fraud that could happen if the rules were not this strict, but, at the same time, I believe the system penalizes more good people than bad people.


*Source: Longman Dictionary of Contemporary English
 
reply

Come on Guys - Being a "SLAVE" is a small price to pay for a GC.

I recently came accross a case of an Cook who was a "SLAVE" who worked 72 hours a week and got lodging and boarding in the restaraunt and 500 usd per month in a restaraunt in New Jersey area.

He is scheduled to "SLAVE" for 4-5 years till he gets his GC

We computer "WHIZZES" are in a much better position compared to such cases


I guess you will come accross many such cases in Mom and Pop businesses
 
Well, you're just an expert about EVERYTHING, aren't you JoeF?

p.s. Don't forget to make sure you get the last word in!
 
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If you consider yourself a slave then its amazing that you have been living with that feeling for such a long time.

Not even a billion dollar will compromise me being a slave to anyone, let alone a piece of plastic called green card.

The fact is, the importance of green card is so much to some of us that we all, upto some point, justify working for an employer who we are not very happy with. But trust me we are not slaves. Like JoeF said, we need to do some reading on the subject.

We want GC in return, we are offering our services to our employers with our consent, we have an option to leave today, we can report to INS of any abuse by our employer and we can even sue the employer. Slavery? you must be kidding.

You should appreciate the oppurtinites you have been provided with in one of the greatest nations in the world. You should enjoy the respect you have gained and the skills you have developed by becoming a part of the nation thats leading the world in every walk of life today.

I have always been with the same employer. I like the fact that I have grown up with the company. I love the work I do. Its terrific that I get paid for what I enjoy so much doing. Getting a green card along with everything else is only an additional benefit, not the purpose of my life.



:cool:
 
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