'changing job' after GC: my lawyer's input

D

DKSearch

Registered Users (C)
I understand this topic isn’t a clear one to be answered. I got the response from my lawyer and wanted to share.

There is no set rule as there is no date set forth in regulations. I always advise that you wait 6 months to change employers if possible; however, if the employee has been with the employer prior to the GC, less than 6 months would not be problematic. The key is that the employee proved the intent to work for the employer was actually carried out.

Any comments on this?

Thanks
 
DKSearch said:
I understand this topic isn’t a clear one to be answered. I got the response from my lawyer and wanted to share.

There is no set rule as there is no date set forth in regulations. I always advise that you wait 6 months to change employers if possible; however, if the employee has been with the employer prior to the GC, less than 6 months would not be problematic. The key is that the employee proved the intent to work for the employer was actually carried out.

Any comments on this?

Thanks
Click to expand...

I have no comments, but thanks for posting this.
 
If I've been with the company for a few years

If I've been with the company (that filed my I140) for a few years before the I485 approval, how long should I stay with the company after the I485 approval?
Thanks,
 
It should be 'six months' from the receipt date of I-485, which infers to the portability rule (Subsection 106(c) of AC21).
 
The real answer to this topic is:

Nobody knows for sure, because there are no hard and fast rules.

Just try not to do things that would make the interviewer say "You left so soon just after getting the green card? All along you were just waiting to get the card so you could leave, right?!!!"

The only known thing is: the longer you stay the safer it is.
 
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True...
This is a response from my lawyer.

"Waiting 'six months' from the receipt date of I-485 is a practice not a regulation, and the actual time you need to remain after the green card is not codified."
 
I posted before about the possibility to get approved when my pd was not current, you said it is not possible.However I did get approved and my employer could not take me back, and I wanted your input on it.
Thanks
 
techbuyer77 said:
I posted before about the possibility to get approved when my pd was not current, you said it is not possible.However I did get approved
Click to expand...

Apparently, you got lucky and some of the 45,000 visa numbers that USCIS batch requested got used in your case.

and my employer could not take me back, and I wanted your input on it.
Click to expand...

Are you employed now?
 
techbuyer77 said:
I posted before about the possibility to get approved when my pd was not current, you said it is not possible.
Click to expand...
Your PD became current in June, and again was current in July, during which they assigned you a visa number. Once they assign you that number, it doesn't matter if retrogression makes your PD no longer current.

However I did get approved and my employer could not take me back, and I wanted your input on it.
Click to expand...
Get something in writing from them about not being able to take you back. When was the I-140 filed? If it wasn't filed very recently (if filed recently it could cast doubt on the truth of the "ability to pay" at the time of filing, given current circumstances) you should be OK.
 
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TheRealCanadian said:
Apparently, you got lucky and some of the 45,000 visa numbers that USCIS batch requested got used in your case.



Are you employed now?
Click to expand...

yes with another company making over 20K more than labor and doing the same thing
i-140 was approved 9 months ago.
they did gave me letter saying bussiness is bad we regret to inform you we wont be able to employ you due to bad economy.
 
techbuyer77 said:
yes with another company making over 20K more than labor and doing the same thing
i-140 was approved 9 months ago.

they did gave me letter saying bussiness is bad we regret to inform you we wont be able to employ you due to bad economy.
------------------------------that is OK and keep that letter till your Citizenship Interview and if the officer ask why you did not work for the employer then show the latter and inform him/her that you WANTED to work with them but they did not have job for me after GC got approved and show the letter
Click to expand...

-------------
 
Need suggestions on change of employer after GC

DKSearch said:
I understand this topic isn’t a clear one to be answered. I got the response from my lawyer and wanted to share.

There is no set rule as there is no date set forth in regulations. I always advise that you wait 6 months to change employers if possible; however, if the employee has been with the employer prior to the GC, less than 6 months would not be problematic. The key is that the employee proved the intent to work for the employer was actually carried out.

Any comments on this?

Thanks
Click to expand...

Hi DKSearch,

I've been with the sponsoring company (for my GC) for a while before the GC application up until now. I'm hoping to get my GC soon. You've mentioned that your lawyer thinks "less than 6 months would not be problematic."
I wonder if you have found out more. How confident are you on the lawyer's
conclusion? I've read comments that there could be consequence during the
naturalization, which would at least be 5 years away. What could happen
then? Will they just delay the naturalization process or they cancel the GC then? What about the family members that got the GC together with the
primary applicant?
Is it possible to let me know who the lawyer is?
Thank you very much.
 
after GC

DKSearch said:
It should be 'six months' from the receipt date of I-485, which infers to the portability rule (Subsection 106(c) of AC21).
Click to expand...

To DKSearch:
I'm actually talking about a case after which GC is received. I understand that the portability rule only applies if the I485 is pending, right?
Thanks,
 
ptdup said:
To DKSearch:
I'm actually talking about a case after which GC is received. I understand that the portability rule only applies if the I485 is pending, right?
Thanks,
Click to expand...

As long as 'six months' from the receipt date of I-485 passed, it should be fine. I would take my lawyer's input if I am to move on. You may want to find your own lawyer if you have any doubts.

Thanks
 
great news but clarification, please, thanks.

DKSearch said:
As long as 'six months' from the receipt date of I-485 passed, it should be fine. I would take my lawyer's input if I am to move on. You may want to find your own lawyer if you have any doubts.

Thanks
Click to expand...

Thanks, DKSearch:
This would be a very good and important news for me.
However, could I clarify the info. from your lawyer again (it's so important
to me)?
Is the "receipt date" you refer to the date when the USCIS received the I485 application (ie., shortly after I submitted the application)?
The reason I'm clarifying this is because I've read many opinions (including
those from lawyers) that it should be 6-12 months after the GC is approved.

Is this shorter time due to the fact that I've been with the sponsoring company for a while before the I485 application?

I'd consult with a lawyer as you suggested. But as you may know, it's difficult to judge whether to believe or be confident with one lawyer because there can obviously be different opinions.
I'd appreciate your help again. Thanks.
 
ptdup said:
But as you may know, it's difficult to judge whether to believe or be confident with one lawyer because there can obviously be different opinions.
Click to expand...

As you clearly said, they are "opinions".
It seems like it is about "opinions". vs. practice vs. regulation. Which one do you need to follow? It is hard to say....
 
"Receipt date"

DKSearch,
I see what you mean.
Do I understand the "receipt date" you mentioned correctly, though?
It's the date USCIS received our I485 applications, right?
Thanks a lot.
 
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