Changing job after GC - This thread should end it all!!

[manik_baasha]

Enough said about all the theories, prophecies, interpretations, misinterpretations and the lack of all these thereof, about changing jobs after employment based GC. Let's put this in perspective and find out the answers to the following questions first. Please reply Yes or No.

1. Has anyone on this forum heard of a case where changing jobs after 485 approval (regardless of time) had caused the GC to be revoked?

2. Has anyone on this forum heard of a case where changing jobs after 485 approval (regardless of time) had caused a citizenship petition to be denied? (I've seen a case where someone was asked why he/she switched jobs after GC)

3. Does anyone know the workflow USCIS follows with regard to adjudicating under section 212? In other words, does USCIS act on a GC without someone complaining? for example by routinely checking all GC employment based holders and their current employer, and whether that matches with what was on the I-485 petition??

4. Are companies required to notify USCIS if a person for whom the company filed the GC, voluntarily left?

5. Is there any ongoing initiative to clarify this issue with USCIS? Why would it be OK to change jobs before GC approval but not after???

This should be a good start.

Thanks.

 

[qwertyisback]

Let's put this in perspective and find out the answers to the following questions first. Please reply Yes or No.

Thanks.

Does everybody supposed to answer those q/s? Then why don't you make a poll of these q/s?? Or only those who has "YES" somewhere should answer?? I will answer "NO" everywhere...

 

[manik_baasha]

Does everybody supposed to answer those q/s? Then why don't you make a poll of these q/s?? Or only those who has "YES" somewhere should answer?? I will answer "NO" everywhere...

It would be good if everyone provides a 1. N 2 N 3 Y etc. That aint too much to type.

I'll note you down for 5 NO's.

I guess I could start a poll, but just wanted to keep things simple.

 

[temposerver]

N to all!!

And again N to all!!!!!!!

 

[manik_baasha]

And again N to all!!!!!!!

Looks encouraging so far. Latest score

No 10
Y 0

Go NO!

 

[pv1976]

Poll would be better.
"No" from my side on all Qs.

 

[TheRealCanadian]

My time remaining on this Earth is too short to waste on this argument again. However, let me make three observations.

First, the fact that no one has heard of any cases where there was an issue does not mean very much one way or another. Absence of evidence is never evidence of absence. What you should be looking for are multiple (I'd say around 5 or so) cases where there was a switch of jobs < 180 days after GC approval and USCIS explicitly had no problem with it. One or two cases do not mean much either way.

Second, there is a 5 year lag time between GC approval and naturalization - and typically more because of processing delays. Victims of the downsizing of 2000/2001 are just starting to trickle into their naturalization eligibility window, so I think that only in mid-2005 and 2006 will we start to see enough evidence to make a conclusive statement either way.

Finally, remember that a premature job switch cannot be undone if it turns out that later USCIS sets some sort of arbitrary threshold in terms of what they consider appropriate.

Quitting the day after the GC is approved is probably a bad idea. However, there's nothing that requires you to stick it out for years. The correct answer is somewhere in the middle, and depends on your own appetite for risk and personal circumstances.

 

[hipka]

Enough said about all the theories, prophecies, interpretations, misinterpretations and the lack of all these thereof, about changing jobs after employment based GC. Let's put this in perspective and find out the answers to the following questions first. Please reply Yes or No.

1. Has anyone on this forum heard of a case where changing jobs after 485 approval (regardless of time) had caused the GC to be revoked?

No

2. Has anyone on this forum heard of a case where changing jobs after 485 approval (regardless of time) had caused a citizenship petition to be denied? (I've seen a case where someone was asked why he/she switched jobs after GC)

No, but I haven't seen many citizens posting on this board either, they disappear a few years after GC!!

3. Does anyone know the workflow USCIS follows with regard to adjudicating under section 212? In other words, does USCIS act on a GC without someone complaining? for example by routinely checking all GC employment based holders and their current employer, and whether that matches with what was on the I-485 petition??

Yes, USCIS checks the GC file again a few months after it is issued in order to close any pending internal procedures. This is true for most applications and it can trigger a review if something is found incorrect.

4. Are companies required to notify USCIS if a person for whom the company filed the GC, voluntarily left?

No

5. Is there any ongoing initiative to clarify this issue with USCIS? Why would it be OK to change jobs before GC approval but not after???

Yes, once Ac21 regulations are out this issue should be clear.

This should be a good start.

Thanks.

 

[qwertyisback]

Yes, USCIS checks the GC file again a few months after it is issued in order to close any pending internal procedures. This is true for most applications and it can trigger a review if something is found incorrect.

Whats source of this information??

Yes, once Ac21 regulations are out this issue should be clear.

Which regulation is not out yet?? AC-21 is in action for long?? Is CIS announced any future regulations??

 

[TheRealCanadian]

Which regulation is not out yet?? AC-21 is in action for long?? Is CIS announced any future regulations??

USCIS was originally scheduled to release an AC21 regulation in summer of 2002.

 

[manik_baasha]

My time remaining on this Earth is too short to waste on this argument again. However, let me make three observations.

First, the fact that no one has heard of any cases where there was an issue does not mean very much one way or another. Absence of evidence is never evidence of absence. What you should be looking for are multiple (I'd say around 5 or so) cases where there was a switch of jobs < 180 days after GC approval and USCIS explicitly had no problem with it. One or two cases do not mean much either way.

Second, there is a 5 year lag time between GC approval and naturalization - and typically more because of processing delays. Victims of the downsizing of 2000/2001 are just starting to trickle into their naturalization eligibility window, so I think that only in mid-2005 and 2006 will we start to see enough evidence to make a conclusive statement either way.

Finally, remember that a premature job switch cannot be undone if it turns out that later USCIS sets some sort of arbitrary threshold in terms of what they consider appropriate.

Quitting the day after the GC is approved is probably a bad idea. However, there's nothing that requires you to stick it out for years. The correct answer is somewhere in the middle, and depends on your own appetite for risk and personal circumstances.

All points well taken. But the idea here is not to start a flame war. Just providing people with enough information and demystify an otherwise mysterious issue.

 

[manik_baasha]

Yes, USCIS checks the GC file again a few months after it is issued in order to close any pending internal procedures. This is true for most applications and it can trigger a review if something is found incorrect.

Where did you get this information? Firstly I am not aware of a process where a company has to notify USCIS if a permanent resident has joined, much less within an arbitrary threshold they set in the "Resident since" date in the card. Secondly how can they justify spending time on adjudicated cases while scores are still pending. Finally, they might do all that maybe if national interest is at stake, but they gain nada by verifying a permanent resident's employment status. In fact much to the contrary. They waste precious time and resources on something not even remotely important.

 

[hipka]

Where did you get this information? Firstly I am not aware of a process where a company has to notify USCIS if a permanent resident has joined, much less within an arbitrary threshold they set in the "Resident since" date in the card. Secondly how can they justify spending time on adjudicated cases while scores are still pending. Finally, they might do all that maybe if national interest is at stake, but they gain nada by verifying a permanent resident's employment status. In fact much to the contrary. They waste precious time and resources on something not even remotely important.

Most of my sources are websites just like you folks!! I got this info. on some thread in rupnet[dot]com. By the way the reason your LUD(last update date) changes after your case approval is because CIS closes your case after approval. This is not for any national interest but just a procedure to make sure that CIS has updated their records,sent out mails,etc. after giving the approval. They don't verify your employment status only update their internal records.
At this point lets say they found out that they screwed up, then they may investigate the case further.