changing job after 3 & 1/2 months..pls Ginnu/others advise

[hello_me123]

Hi,

Though i recieved my approval email on 24th july 2007, my physical greencard says that i am residence since july 3rd 2007. Now i have an oppurtinity join a long term project from October 25th, which comes out tobe 3 and 1/2 months after getting green card.

Are there any repurcassions pls?? as this forum said before that, there should be some mutual intention to work together, but how do you prove that??i have been working for the sponsoring employer for last 4 and 1/2 years.Pls advise

 

[Jackolantern]

How long did you work for the sponsoring employer after filing the I-485?

How important is it to you to apply for citizenship as soon as you approach the 5 year mark? (you only have to list the latest 5 years of work history, so if you apply at the 6th or 7th year it shouldn't raise an alarm that the original employer is not on the list, although it is possible that the interviewer could ask about anything)

 

[hello_me123]

Thanks you for your answer. I have been working for almost 5 years for the sponsoring company, but just recently got the card. Do they count the days from the date you are a PR (mentioned in Green card) or your approval notice send date, which may be latter (2/3 weeks from your approval)?

What happends if employer compalins to USCIS??just want to know for my shake
Thanks again

 

[Jackolantern]

The main two factors are (1) how long did you work for the employer since filing the I-485, not how long you worked for them overall, and (2) how long did you work for them since getting the green card. Both are viewed as indicators of your intent to work for them.

Leaving after 3.5 months is a risk. I would say it is a small risk, but some risk is there. Just decide whether the benefit is worth the risk, and take action from there. Life is not free of risk.

 

[ginnu]

Thanks you for your answer.
I have been working for almost 5 years for the sponsoring company, but just recently got the card.
Do they count the days from the date you are a PR (mentioned in Green card)
------------------------------YES, from the date you are PR
or your approval notice send date, which may be latter (2/3 weeks from your approval)?

What happends if employer compalins to USCIS??
------------------- USCIS can take action and it means you did not had Intention to work with employer after your GC gets approved and you were just waiting for the GC. Don’t take risk the GC, wait 6 months OR get fired

just want to know for my shake
Thanks again

-------------------------------

 

[hello_me123]

Thanks Ginnu for your answer

But i still have couple of things unclarrified. How do you show your intention if work for 6 months for the sponsoring company, but can't show if you work for 4 months only.

Because of a better deal, i am leaving anyways after 3 and 1/2 mnths. So please let me know, how to deal with intention, in case there is a problem .

Thanks

 

[GotPR?]

Thanks Ginnu for your answer

But i still have couple of things unclarrified. How do you show your intention if work for 6 months for the sponsoring company, but can't show if you work for 4 months only.

Because of a better deal, i am leaving anyways after 3 and 1/2 mnths. So please let me know, how to deal with intention, in case there is a problem .

Thanks

CIS will see what your intetion was based on course of action... i.e. actual event that happens.
There is no way that you can argue if you left by yourself(not being laid off).

Most of the case, there is no issue though.

 

[GCLOVER007]

Same Situation

I was in the same boat, But I left the sponsoring company after 120 days (4 Months).

They have applied my I-485 in Dec 2004, I have started working for them well before that.
I got my GC in third week of June (Resident Since : First week of June). July first week I went for a vacation. My company stopped paying me (Pay stub for $0). Came back from vacation in Aug (pay stub for $0), Didn't get any projects till Sept End. My employer refused to pay for bench too.

I found a long term position and left the sponsoring company.
I have intent to work but the sponsoring company was not co-operating.


I am confident that I have a case to argu with interviewer at the time of citizenship (if there is a flag).

Thanks
GCLover007

 

[telugodu]

Another hypothetical situation

1) worked for GC sponsor for 9 months
2) Filed AC21 and moved to a different company
3) GC got approved
4) GC sponsor is threatening to revoke GC

Ginnu and other experts.. please comment...

 

[Jackolantern]

Another hypothetical situation

1) worked for GC sponsorer for 9 months
2) Filed AC21 and moved to a different company
3) GC got approved
4) GC sponsorer is threatening to revoke GC

Ginnu and other experts.. please comment...

The original sponsor is threatening? Or the new company you moved to?

The original sponsor no longer has any power over your case, as long as you met the AC21 requirements (180 days, same or similar job etc.). Only the new employer (who effectively became your sponsor upon the AC21 job change, by providing the "same or similar" job) might have a case against you, if you left them very shortly after receiving the green card.

 

[telugodu]

Jack,
Thanks for your prompt response. You are a great asset to this forum....

Its just a hypothetical case... not a real one ( well my close friend is in a similar situation... he never worked for the original sponsor though..)... I just wanted to start people thinking about these various scenarios for benefit for people like us.
My personal experience if that its better to research all options in this forum and them present those options to attorney and ask him/her to for advise....

Lets say if the original sponsor (LC filer) is threatening.. and new employer(AC21) is happy and the the person in question is still with the AC21 employer... The Person should be safe... is that the general consensus??...

 

[Jackolantern]

Yes, the employee's green card is safe from the original sponsoring employer if AC21 requirements have been satisfied (assuming that the employee doesn't have any violations that the employer could bring up, like stealing from the employer or something).

 

[jazzyb]

Can employer get your Green Card revoked

My I-485 recently got approved and I am planning to leave the my sponsor employer and join better job.

Does your employer has the power to request USCIS and get your green card revoked ? I have not heard this from anybody in the past.

Is this something which has happened in reality or it is again another "theoretical fear" like we should work for our GC Sponsor for an year to avoid problems with our Citizenship Application.

Yes, the employee's green card is safe from the original sponsoring employer if AC21 requirements have been satisfied (assuming that the employee doesn't have any violations that the employer could bring up, like stealing from the employer or something).

 

[MIMC]

Guys

So far I have read that if you want/need to leave your sponsoring employer you have to wait at least 180 days after I485 approval. I looked at the problem from the other perspective - the employer. It turns out that due to the affidavit of support required in the GC process (for both family based and employement based), a sponsor is legally financially responsible for the employee until a) employee becomes US citizen b) employee earns 40 fiscal quarters (10 years) c) employee dies. (several sources try http://www.immihelp.com/greencard/familybasedimmigration/affidavit-of-support-relative.html)

Under this definition, an employer could state that since they are financially responsible by law, that the employee must not leave their 'supervision'. I'm not a lawyer, but this is just another piece of a senseless system.

I need/want to leave my employer, but I know it's going to be a fight. I received by GC in August 07 after more than 6 yrs fighting the system. I paid for the whole damn thing and now my employer brags left and right that they 'own' me for 5 yrs. and my research indicates that they would use this legal fiscal responsibility.

Any comments?

 

[jazzyb]

I do not think employer files I-864 in case of employment based I-485 only with exception mentioned below.

"Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition."


Guys any thoughts, I am about to accept a offer after 1 1/2 of GC approval. Not sure my employer will do something lik this because it is a very big consulting company but just wanted to make sure I am covered.

Guys

So far I have read that if you want/need to leave your sponsoring employer you have to wait at least 180 days after I485 approval. I looked at the problem from the other perspective - the employer. It turns out that due to the affidavit of support required in the GC process (for both family based and employement based), a sponsor is legally financially responsible for the employee until a) employee becomes US citizen b) employee earns 40 fiscal quarters (10 years) c) employee dies. (several sources try http://www.immihelp.com/greencard/familybasedimmigration/affidavit-of-support-relative.html)

Under this definition, an employer could state that since they are financially responsible by law, that the employee must not leave their 'supervision'. I'm not a lawyer, but this is just another piece of a senseless system.

I need/want to leave my employer, but I know it's going to be a fight. I received by GC in August 07 after more than 6 yrs fighting the system. I paid for the whole damn thing and now my employer brags left and right that they 'own' me for 5 yrs. and my research indicates that they would use this legal fiscal responsibility.

Any comments?

 

[Jackolantern]

Does your employer has the power to request USCIS and get your green card revoked ?

They have the power to request that, but USCIS doesn't have to listen to them. An employer complaint is just a triggering event that may prompt the USCIS to scrutinize your situation to see if your actions are indicative of misrepresenting your intentions during the green card process. Just like applying for citizenship is a triggering event that prompts the USCIS to scrutinize the legitimacy of your green card.

Is this something which has happened in reality or it is again another "theoretical fear" like we should work for our GC Sponsor for an year to avoid problems with our Citizenship Application.

Employers rarely complain about it. If they complain, they have nothing to gain except revenge; even if they win, you still won't work for them, because them winning means you'd be deported. Also, if the USCIS responds to their complaint and takes action, you will have the opportunity to defend your case in court, and during that case the employer will be subject to having their own immigration practices scrutinized (provided you hired a lawyer who knows how to fight back). It is not something I would worry about unless the employer is known for being vindictive and actually taking ex-employees to court.

 

[xs111]

I'm not going to get in to the argument of what USCIS says or Lawyers say, but I know some cases(friends actually), who quit their sponsoring employers and are now citizens, they were never asked during the interview about their stay with the sponsor.

 

[Jackolantern]

I'm not going to get in to the argument of what USCIS says or Lawyers say, but I know some cases(friends actually), who quit their sponsoring employers and are now citizens, they were never asked during the interview about their stay with the sponsor.

That is true. It is not required that the interviewer ask about working for the sponsor. But sometimes they do ask, and some members of this board have reported being hassled in the interview about leaving "too soon", although their citizenship was ultimately approved.

Eventually somebody probably will be denied because of it, followed by a court case. If the case does not involve a rare and narrow scenario, the USCIS is likely make it a standard practice to check everybody's application to see if they left the employer too soon based on the court's ruling.

 

[xs111]

Jack, I agree with you, but I haven't heard of any case being denied solely based on the fact they left the employer too soon after the GC approval(to be more exact I know atleast close to 10 guys , friends and their friends, if you had come to this country in the early 90's, you might know lot of folks who had been through this road before and are citizens now ).

Yes , there might be a very high probability that the IO might ask you about this, but you and all others on this thread know that ,it's not that simple to deny/deport some one ,I'm talking about the legal battle here, Lawyers in this country are extremely smart.If you approach Immigration lawyers with the above question , trust me, every lawyer will have their own interpretations.you never going get a satisfactory answer.

I agree with you that there is a risk factor here(very small; it's up to the individual), one example I want to bring to your attention is,prior to AC21 , I know of a case were the guy quit the employer in a months time and eventually got his citizenship(we shared the aprtment in Boston) .This has been going on for several years, folks are quitting jobs and getting citizenships, my personal opinion is IO may not take it seriously, unless there is a compelling reason for them to act during the citizenship interview(ex: there might be some other factors that can make them to dig deep in to your history).

There is a reason behind posting this here, becasue , I see lot folks asking this again and again,hence I mentioned about the cases that I know personally.

 

[Jackolantern]

Until there is a court case or regulation that specifies some clear criteria, this will be a big gray area. I would expect that for somebody to go to court over this and lose would require something very blatant, like leaving the employer 2 days after GC approval, after having worked for th employer only 3 months since filing the I-485. But if you have to go to court in the first place, even if you win you would have already lost due to the expense and stress involved.

Having said that, I feel confident enough about my own situation to leave the employer now if a big opportunity came up, as I have completed 4 months post-GC with the employer as well as over 2 years since filing the I-485.