Changing Job After Approval Question

J

Just shoot me

Registered Users (C)
I had heard that there was an expectation to stay with the sponsoring employer for 6 months after APPROVAL. I spoke to a lawyer and he said "Untrue", since AC-21 passed, the expectation is 6 months after FILING. Has anybody had any legal advice to the contrary?

I was going to file AC-21 docs next week but I have feeling that my approval may come any time. If he's wrong, I should file for AC-21 asap. I have the job offer and I don't want it screwed up by getting an approval before I file AC-21 letters then have to stay with current employer another 6 months.

This system is so #$@-ed!!! I can't believe that after waiting 5 years I'm actually worried that I might get approved!
 
It is controversial, so difficult to say one way or the other. But You don't have to file for AC21 unless you have been RFE'ed. So if you are planning to start your new job from next week, that isn't a bad idea. Go ahead and do it. You can always claim you planned to use AC21, but the approval caught you by surprise :) ( in case they make a fuss over the 3-6 month post GC haitus.
 
Shouldn't be a problem. In my case, I changed jobs before my approval came. There was no RFE (luckily). Like 140 said, you need to produce AC21 docs only if there's an RFE.
 
mango_pickle said:
Quick Question here : Can a company revoke already approved I485 or is it truly a citizenship concern?
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Nope. They cannot revoke the GC. It is a privilege accorded to you by the US government.
 
mango_pickle said:
Quick Question here : Can a company revoke already approved I485 or is it truly a citizenship concern?
Click to expand...
I don't think the old company can revoke it.

But, as others have said, if you change employers right after getting ur GC, it might make USCIS suspect your intent.

How and when they would act on it is unknown. I've not heard of anyone's GC getting revoked for quitting too soon .... but most folks play it safe and stay with the sponsoring employer for 6-9 months after getting the GC.
I mean - as it is the GC wait is so long - why should you risk anything after getting it ... IMO, 6/9 months is really insignificant :)
 
Looking for concensus then with the following scenario:

I am going to change jobs starting at new company Aug 2.
I have LUD dates 6/6, 6/8, 6/10, 6/22, 6/26, 6/29, 6/30 so I feel that my approval could come at any time.

My understanding is that one doesn't normally send AC-21 until AFTER starting with new company but given LUD history it seems likely that approval may come first. Should I send in AC 21 stuff now, BEFORE starting new job, to indicate INTENT to change jobs so I get it slipped in before approval or should I wait to see what happens between now and Aug 2?
 
I think this issue has been discussed many times in this forum over the last 1 week. Anyways, as I and so many others have said here, you are not required to send any AC21 stuff. Unless asked for via an RFE, it would be most prudent to be quiet about it. AC21 does not mandate you to notify BCIS. It only sets the ground rules for a change of job before you get approved.
 
While it is possible for the company to start the process leading to revocation of GC, it is not as simple as sending a letter and getting it revoked.

If they contact USCIS in this regard and if USCIS agrees to it, USCIS will have to file a case (contending that the person received GC fraudulently) in the court where the person will be given an opportunity to explain his side of story (Due Process Clause). The outcome depends on the preponderance of evidence/arguments.

But, in summary, it is possible that you may lose your GC if you quit within days of getting it unless you can show that the decision/intent to leave was formed after getting the GC.

But, you are free to leave the employer a day before the approval as per AC21 (which does not apply after approval).

extra_dry_gin said:
Nope. They cannot revoke the GC. It is a privilege accorded to you by the US government.
Click to expand...
 
Last edited by a moderator:
Another Question...

I have a related question here. I filed labor thru company A and quit company A before labor approval and joined company B. But company A continued my labor & filed 140 followed by 485 ( as GC is for future employment). In the meanwhile I joined company C on EAD and company C filed AC21. I might get approval (if I'm lucky) soon. But I'm confused for which company should I have to work ( maybe atleast 6 months). Both the attornies are telling different things addition to my confusion. I hope someone have answer to this or probably have some experience on this.

Thanks
-Koolkat
WAC-02-119-#####
 
koolkat said:
In the meanwhile I joined company C on EAD and company C filed AC21. WAC-02-119-#####
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As you filed AC21 the current GC sponsoring company for you is company C, so you can continue working for company C.
 
Just shoot me said:
I do have a fear that my current employer might take retaliatory action which is why I posted here.
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We understand your concern, but you are asking the same question again and again. I don't understand what is so complicated about the situation. BUT here is one more attempt:

1. As mentioned, if you have another job offer in hand, then you CAN CHANGE jobs, under AC21 and there can be no retaliation against you.
2. As far as post GC retaliation, in case you are approved before changing jobs, NO ONE has the answer to that. There is a lot of controversy attached to that question. So the decision lies in your hands.

YOUR BEST SOLUTION: Change under AC21!

Hope the above is clear. I would advise you to speak with your lawyer for a detailed analysis of your situation.

Koolkat,

I would advise you to open a new thread, just because it is a different topic, and you will get many more people looking at the problem and answering to it. Usually threads with different topics should be kept seperate. It is easier to track them that way.

But as far as your case is concerned. The best alternative will be to join Company A after GC approval for a short while before leaving it. The reason for that is to establish intent. It will be difficult for you to justify, continuing the immigration process with Company A while working for Company B/C, and filing for AC21 via company C. But then that is my opinion. A good lawyer who has experience in these issues is the best person to give you advise on this, since it is quite complicated. And deals with intent which is always a tricky thing to establish.
 
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