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

any other input

Does anybody have any other confirmation or other opinions on this issue?
Thanks.
 
worst case scenario.

Oh, DKSearch,
Did your lawyer explain the worst case scenario?
I mean what happens if USCIS does not agree with this opinion.
Do they just delay the naturalization process? Or do they take the GC away?
Thanks very much.
 
DKSearch said:
My question to you is:

Does USCIS work based on "opinion" of each lawyer, "practice", or its regulation/law?
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The regulation is that the employer and employee are supposed to have the intention to work with each other on a permanent basis after the green card is approved. The "opinion" is with what defines permanent and what constitutes intention.
 
I see there's one question that keeps not being answered and that is what is the worst that can happen? delay in naturalization? loss of g/card? I guess nobody knows the answer, that's why it's being avoided. In my OPINION (and it's just an opinion) it all depends how severe a case USCIS wants to make out of a premature change of employers... in the worst case scenario they may conclude that there was never a good faith intent to permanently work for sponsoring employer and if they conclude Fraud on your behalf - you may lose g/card and even worse (jail, deported, etc..). BUT, I beilieve the burden of proof lies on them, and they will have to take you to immigration court in order to prove fraud and strip you off your g/card... you'll have to hire a lawyer to fight them and even if you win - it would still probably cause delays in naturalization (all the court proceedings may take years...). Umm, I know it sounds pretty bad, but - this is a WORST CASE SCENARIO and very doubtfully USCIS would really have the motivation to go that far just coz someone left his employer after 3 months... I wouldn't worry about it too much if I had to choose...
 
royl66 said:
I see there's one question that keeps not being answered and that is what is the worst that can happen? delay in naturalization? loss of g/card? I guess nobody knows the answer, that's why it's being avoided. In my OPINION (and it's just an opinion) it all depends how severe a case USCIS wants to make out of a premature change of employers... in the worst case scenario they may conclude that there was never a good faith intent to permanently work for sponsoring employer and if they conclude Fraud on your behalf - you may lose g/card and even worse (jail, deported, etc..). BUT, I beilieve the burden of proof lies on them, and they will have to take you to immigration court in order to prove fraud and strip you off your g/card... you'll have to hire a lawyer to fight them and even if you win - it would still probably cause delays in naturalization (all the court proceedings may take years...). Umm, I know it sounds pretty bad, but - this is a WORST CASE SCENARIO and very doubtfully USCIS would really have the motivation to go that far just coz someone left his employer after 3 months... I wouldn't worry about it too much if I had to choose...
Click to expand...
While they have a lot of work to do if they want to take away your green card for this reason, it is very easy for them to deny your citizenship. So if there is any consequence for leaving the job too soon (assuming there is nothing else wrong with your case like forged documents etc.), the realistic worst case for most people would be delay or denial of citizenship.
 
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