Changing Job after GC from Sister Company

[prakumar]

Changing Job after GC from Parent Company

All...I have read enough threads on changing jobs after the GC so will not repeat them. I understand that there is no defined time period but most lawyers recommend about 6 months.

Here is my friend's situation. She has been working for company A for last 3 yrs. Her GC was filed & approved (got the card) from company B, which is a sister company of A, but on paper I think they are 2 different legal entities. Her boss, taking advantage of the situation, is not willing to put her on the payroll of company B with the fear that she will leave the job. Wanted to get thoughts from all you Gurus as to what the risk is if she left the job after working another 6 months with company A because later if her case gets scrutinized she cannot show herself employed with company B? The longer she continues without getting on payroll of B...isn't that greater risk? What is the best thing to do here? Any advice will be greatly appreciated.

 

[royl66]

I don't understand how her boss don't allow the "switch" to take place... As you mentioned, this is just a technical/formal switch between sister companies... she can probably continue to do the same job/tasks she was doing so far only under the "employment veil" of the company that sponsored her greencard. Company B had to sign a "Letter of Employment" declaring to the USCIS they intend to employ her upon greencard approval... how can they now refrain from doing so??? Is her boss an employee/owner of company A? Company B? oe maybe both???

 

[prakumar]

yes technically he is harming himself as well because he had showed intend to hire her at the applying company. yes, her boss is the owner of both companies

 

[royl66]

yes technically he is harming himself as well because he had showed intend to hire her at the applying company. yes, her boss is the owner of both companies

Well I'm exactly in the same boat... I had my H1 with compnay A while being sponsored for a greencard by a sister company B that belongs to same owner... Well, now that I got my greencard finally (3.5 long years!!!) I have to change employers to company B and neither myself or my boss wanna do it, but we do it anyway...

By the way, my lawyer says I don't have to change to company B because my I-485 was pending more than 6 months which allows me to change employers.. I know that's true while I-485 is still pending, but can it also be used as an excuse not to switch to sponsoring company once I-485 is approved?? And even if so - does it matter that company A (the H1 sponsor) was NOT eligible to do the sponsership for the greencard? Can you still "switch" to an employer that is not by itself eligible to sponsor a greencard? Plus, does it matter that it's not really a "switch" to a new employer (say company C) but rather staying with old employer (Company A)???

Any thoughts???

 

[MA_05]

And what will be the situation when green card approved less than six months? My company filed 485 for me in June 2007 and i got approval in Aug 2007 (Yes in exactly two months).

May I count six month from June 2007 or Aug 2007?

In addition they started my green card process in Jan 2007, so my whole green card process took 7 months. I explicitly delayed the filing the 485 for a month just because I wanted to extend my wife H4 first. Can anyone please comments on this situation?

I didn’t get any information about this because i never heard that someone got green card in 7 months.

 

[prakumar]

any lawyers out there can provide any input to my original question?

royl66 - I would check again. I don't think the statement ur lawyer made is true that u don't need to change to company B. I am pretty certain u need to be on company B's payroll for sometime else u will have problems later while applying for citizenship. the 180 day pending rule that u r referring applies for AC21 transfer to another company (not post GC)

MA05 - in ur case, u will count 6 mnths from Aug07....hope u understand 6 mnths is not a legal requirement of any sort thats just what lawyers recommend. If u were going for a AC21 transfer thats when u count from day of 485 filing.

 

[MA_05]

thanks prakumar. I am not planning to switch my job any time soon. I just asked this for safe side.

 

[royl66]

Thanx Prakumar... you were right... I talked to my lawyer again and he said he didn't realize my greencard was already approved (the first time I talked to him I just saw a change in my online case status, but it took them 3 more days till I got the actual card...).

So yes, the answer to me (and to your friend) is that it is necessary to switch to sister company, as soon as practical after approval. One possible way out he could think of is if the new employer issue you a letter saying that due to new circumstances that just occured and that your friend has no connection to what-so-ever, (for example the sale of the sponsoring company to a new buyer..), they won't be able to hire him/her as they thought they would... It's not a sure thing but it's some kind of a way out...