Changing Job after stamping
- Thread starter XMoon
- Start date
careful!
You should have done it before the approval!
There are other discussions on this board on this topic. In a nut shell, the logic is, AC21 is applicable as long as your 485 was pending. Once your 485 is approved, you are expected to be working for your employer with a good faith intention both of the parties showed in obtaining your GC. Now, once you ahve the GC, leaving the sponsor would be considered a fraud, and you might be denied the citizenship. Although, distant chances, but a possibility of revocation of the GC itself is also possible. (Remember the case of deportation for not updating the address?) INS may go crazy implementing the law after 911.
As such you should work for the sponsor forever!, however, practically at least 6 mos. but >12 months is much safer. This is an old rule of thumb - there is no mention in the law for the period.
You should have done it before the approval!
There are other discussions on this board on this topic. In a nut shell, the logic is, AC21 is applicable as long as your 485 was pending. Once your 485 is approved, you are expected to be working for your employer with a good faith intention both of the parties showed in obtaining your GC. Now, once you ahve the GC, leaving the sponsor would be considered a fraud, and you might be denied the citizenship. Although, distant chances, but a possibility of revocation of the GC itself is also possible. (Remember the case of deportation for not updating the address?) INS may go crazy implementing the law after 911.
As such you should work for the sponsor forever!, however, practically at least 6 mos. but >12 months is much safer. This is an old rule of thumb - there is no mention in the law for the period.
TO:Xmoon
Why don't you Request the Client to Pressurize your employer;
If the Client has a good hold on your employer they can request Employer to Terminate your service quoting the economic conditions; This way you will have a proof for future establishing that it was the Employer who did not have a job for you.
With this in hand you cna join the Client...
My 2 Cents... you need to check this with your attorney too..
All the Best
Why don't you Request the Client to Pressurize your employer;
If the Client has a good hold on your employer they can request Employer to Terminate your service quoting the economic conditions; This way you will have a proof for future establishing that it was the Employer who did not have a job for you.
With this in hand you cna join the Client...
My 2 Cents... you need to check this with your attorney too..
All the Best
INS
There are two possibilities how INS will know about the change.
1. Of course, the employer informs the INS that you did not fulfill your intention to work for them on a permanent basis. If they spent money to get your GC, they may do that.
2. If the sponsor is considerate and you don't expect such a thing, INS will review your employment history at the time of your Citizenship application. Since your GC is based on employment (W-2, tax records), they have the record who was your sponsor and where you should have worked.
Now these are possibilities, and not everyone who has done this was troubled by INS. But again, this is possible. With the 911, INS checking minute details are more. There are few cases (as jaxen has posted on another thread) where people were denied the Citizenship (but saved for deportation/revocation of GC). You never know and with INS there is nothing you can pedict.
So, the safe bet is to stay with the sponsor. It wouldbe possible though if the sponsor provides some kind of letter that due to economical/financial condition THEY are laying you off. In that case, your intention to work for them is still intact, and that letter may be helpful to show that in case INS raises the question.
There are two possibilities how INS will know about the change.
1. Of course, the employer informs the INS that you did not fulfill your intention to work for them on a permanent basis. If they spent money to get your GC, they may do that.
2. If the sponsor is considerate and you don't expect such a thing, INS will review your employment history at the time of your Citizenship application. Since your GC is based on employment (W-2, tax records), they have the record who was your sponsor and where you should have worked.
Now these are possibilities, and not everyone who has done this was troubled by INS. But again, this is possible. With the 911, INS checking minute details are more. There are few cases (as jaxen has posted on another thread) where people were denied the Citizenship (but saved for deportation/revocation of GC). You never know and with INS there is nothing you can pedict.
So, the safe bet is to stay with the sponsor. It wouldbe possible though if the sponsor provides some kind of letter that due to economical/financial condition THEY are laying you off. In that case, your intention to work for them is still intact, and that letter may be helpful to show that in case INS raises the question.
What about if you are not applying for citizenship? This answer horrifies me that I may have to continue at the same employer for up to a year after GC approval. I have already been here 5 years!! Please let me know. I am counting the days...Thanks
RD 7/8/02
EAD 7/23/02
FP 7/22/02
RD 7/8/02
EAD 7/23/02
FP 7/22/02
desinpardesh
New Member
Agree with Viraus
Request you employer to terminate your employment without giving you any severance pay - I am sure they will agree. You have decided to leave them anyway.
You could also have your client pressurize your present employer to agree on termination of your employment.
Your taking a new job after being terminated from your GC sponsoring employer will be a perfectly valid explanation when interviewing for your Citizenship
Request you employer to terminate your employment without giving you any severance pay - I am sure they will agree. You have decided to leave them anyway.
You could also have your client pressurize your present employer to agree on termination of your employment.
Your taking a new job after being terminated from your GC sponsoring employer will be a perfectly valid explanation when interviewing for your Citizenship
