do we need to stay with the employer after getting green cards.

P

pulvi16

Registered Users (C)
Hi to all,

I am having a question please reply to me immedietly,
my GC got approved on jul 16 th and on jul 21 st we received our green cards .
Now i want to take permenant position with my company and i dont want to be with my employer . or do we need to stay with the employer for 6 months after getting the green card. is this true if so please tell me


thanks
sirisha.
 
pulvi16 said:
Hi to all,

I am having a question please reply to me immedietly,
my GC got approved on jul 16 th and on jul 21 st we received our green cards .
Now i want to take permenant position with my company and i dont want to be with my employer . or do we need to stay with the employer for 6 months after getting the green card. is this true if so please tell me


thanks
sirisha.
Click to expand...


One can execrise the AC21 after I485 filed over 180 days with I140 approved. If you can do that even without GC. what is the point for you to wait when you get your GC approved? my .02
 
AC21 doesn't make you home free; all you have done is change to another sponsor who is providing a similar job.

This area of the law is not well tested. But with the flood of people leaving shortly after getting the GC, eventually it will be tested, just like what happened in the early days of marriage-based green cards where people would get divorced shortly after getting the card. Somebody will have their citizenship denied and decide to challenge it in court, then the court will outline some standards, then citizenship officers thereafter will presume that anybody not meeting the standard is not deserving of citizenship unless they can present a very strong case otherwise. Do you want to end up on the wrong side of that standard, whenever it is decided?
 
Hi llive strong thanks for ur response.

Hi ,
thanks for your response.

Actually the problem is My husband works for AIG through AMSOL and he got his green card through AMSOL company.Now we got our green cards. i heard that he needs to stay with that company for 6 months. now he is planning to work directly for AIG. can he work for the client directly.if so plzzzz reply

thanks.
 
Almost all contract positions have the "right to hire" clause in them.
If your current client is really interested in you, and you like their offer, tell them you are wiling to join if your employer does not have any issue with it. If they approach your employer with an intent to hire you as an FTE, more often than not they will comply. They do not want to risk losing business with the client over the cost of the GC.
But.. if you are working at the client site with 2 or 3 intermediate layers between your employer and the client, then that is a different story. Your employer won't care what the client thinks as they don't deal with them directly.

Also there is an interesting point regarding AC21 in a recently released FAQ
(http://www.murthy.com/nflash/uscis_faq.pdf) :

Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions)
during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 §104(c) as only applicable when an alien, who is the beneficiary of an
approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the
per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to
AC21 §104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be
granted lawful permanent resident status on account of the per country immigrant visa limitations.
 
AIG should negotiate with his employer to ensure a smooth transition (and your husband should say this to AIG and let them handle that, instead of your husband directly negotiating with the employer). That itself will use up some time, and when it is all done probably 90 days would have passed.
 
belacut said:
One can execrise the AC21 after I485 filed over 180 days with I140 approved. If you can do that even without GC. what is the point for you to wait when you get your GC approved? my .02
Click to expand...



On a similar train of thought, what (if anything) happens when a GC recipient quits his job at the sponsoring employer six months after receiving the green card and goes on to something totally unrelated?

For example:

1. An engineer gets his green card and decides to attend business school full-time.

2. A molecular biologist becomes self-employed either by starting his own company OR by acquiring investment real estate.

Is there any way the USCIS would revoke the green card?
 
My lawyer has 25 years experience:
He said to me that just in case, I should wait 6 months. Then I was free like an American Eagle to fly in the skies. That's exactly what I did:
After 140 days after getting GC, I applied for selected jobs. When I completed 150 days, I joined other company (although I kept job with sponsor for 2 more months).

I am very happy with my life after GC.

reedandbamboo said:
On a similar train of thought, what (if anything) happens when a GC recipient quits his job at the sponsoring employer six months after receiving the green card and goes on to something totally unrelated?

For example:

1. An engineer gets his green card and decides to attend business school full-time.

2. A molecular biologist becomes self-employed either by starting his own company OR by acquiring investment real estate.

Is there any way the USCIS would revoke the green card?
Click to expand...
 
That's a great question, I myself have been looking for some information along those lines -
1) What happens when a software engineer wants to quit his job and open a hot dog stand within 6 months of getting his GC?
2) What happens to a software engineer that musters some courage, holds his chin up and with all his forces, takes his pam as far as it can go and slaps his boss within 6 months of getting his GC?
;) And, yes, I need this information for a friend :cool:
 
Guys,

I don;t know why this has been so difficult to understand. Once you get your GC you are a Permanent Resident of the United States of America and are free to do whatever the heck (legally) you want to do. You are FREE to do whatever you want. If you want to quit and open a hot dog stand, you can do it. This is NOT a conditional residency.

The only thing that ties you to your sponsor is a pre-GC contract. I have one. I had to sign a contract at the beginning of the GC process. Once I get my GC I have to work for my sponsor for one year if not, I have to return all legal fees paid by them. This is it for you my friend. You are free to do whatever you want to do.

Now, if you want to keep peace with your contractor and move to the big company, you don't want to make a mess of this. Take your time, think clearly and just talk to them to find an easy transition.

Good luck to you (and to me 'cause I'm still stuck)

Regards
 
LiveStrong said:
Guys,

I don;t know why this has been so difficult to understand. Once you get your GC you are a Permanent Resident of the United States of America and are free to do whatever the heck (legally) you want to do. You are FREE to do whatever you want. If you want to quit and open a hot dog stand, you can do it. This is NOT a conditional residency.
Click to expand...
You are not free to do any and everything you want, if you want to get citizenship. Standards are stricter for getting citizenship than for getting or keeping a green card. You have to maintain every apperance of good moral character and avoid raising suspicion about how you got your green card.
For example, they won't take away your green card for seeking the services of a legal prostitute in Nevada, but they can deny your citizenship for it.

If somebody got a green card through marriage and then got divorced 1 day after passing the 2-year minimum, they can keep their green card, but upon applying for citizenship they will be viewed with suspicion.
 
LiveStrong said:
The only thing that ties you to your sponsor is a pre-GC contract. I have one. I had to sign a contract at the beginning of the GC process. Once I get my GC I have to work for my sponsor for one year if not, I have to return all legal fees paid by them.
Click to expand...
That contract is probably illegal. They cannot bind you to work for them for an unknown length of time like "X time after getting the GC", and I think the new regulations also explicitly prevent them from recovering any expenses from the employee for the labor certificaiton. If you are happy working for them for another year, fine, but if not you should seek assistance from a labor lawyer.
 
Well Jack, That conttract was signed on 2004. I don;t know if still valid. I read that the new regulation applies to fees spent on LC. Does it apply for all the fees on the GC process?

You are right about the citizenship. They will look that as "suspicious" but there is no law that says (that I'm aware of - I'm not a lawer) they can denied becasue of that. Anyways, I always think that is better to play safe. What is 6 months compared to years of waiting. Take a vacation! :)

Thanks.-
 
You are not free to do what you want. The GC is meant for a future job, and technically that point in future arrives when you get your GC, and if you don't honor that potential problems could occur during citizenship, and btw GC can be revoked anytime in the first five years..I saw a lot of information in a FAQ in a forum "life after green card". You should check it out..I think most lawyers recommend sticking to your job for 6 months after GC, of course anybody can do what they want. This is just a conservative approach.

LiveStrong said:
Guys,

I don;t know why this has been so difficult to understand. Once you get your GC you are a Permanent Resident of the United States of America and are free to do whatever the heck (legally) you want to do. You are FREE to do whatever you want. If you want to quit and open a hot dog stand, you can do it. This is NOT a conditional residency.

The only thing that ties you to your sponsor is a pre-GC contract. I have one. I had to sign a contract at the beginning of the GC process. Once I get my GC I have to work for my sponsor for one year if not, I have to return all legal fees paid by them. This is it for you my friend. You are free to do whatever you want to do.

Now, if you want to keep peace with your contractor and move to the big company, you don't want to make a mess of this. Take your time, think clearly and just talk to them to find an easy transition.

Good luck to you (and to me 'cause I'm still stuck)

Regards
Click to expand...
 
Jackolantern said:
You are not free to do any and everything you want, if you want to get citizenship. Standards are stricter for getting citizenship than for getting or keeping a green card. You have to maintain every apperance of good moral character and avoid raising suspicion about how you got your green card.
For example, they won't take away your green card for seeking the services of a legal prostitute in Nevada, but they can deny your citizenship for it.

If somebody got a green card through marriage and then got divorced 1 day after passing the 2-year minimum, they can keep their green card, but upon applying for citizenship they will be viewed with suspicion.
Click to expand...

What about the married couple has a 1 year old child and they just happen to get divorced the day they got their family spouce GC.

I think.. it is all about intention and of course intention is kinda hard to proof... I keep saying that, if you can execrise the AC21 with your I140 approved and I485 filed over 180 days. What is the point to stay behind when you are getting your GC?

So, if one execrise the AC21 (to my knowledge, AC21 is a right and we don't need to get the approval from CIS in order to execrise it)

No offense, and it is nothing wrong to play it safe... if one's job is not that hard to maintain for 6months, I will advise one to keep their job at least for 6 mths after getting a GC. But, if you want to go, I strongly believed that you are good to go.

Based on what ground... if I am buying a LEGAL hooker in Neveda will deny my citizenship application? (provided that I am a SINGLE). So, can I say foul language and will I be considered has bad moral character? So, Can I gramble?

Not trying to be a jerk in here... but looks like the immigrant community is fightened by the US immigrations and worries about it will be kicked out at anytime.
 
Hi Guys,
What do you think is the safe period to stay.

guest1978 said:
You are not free to do what you want. The GC is meant for a future job, and technically that point in future arrives when you get your GC, and if you don't honor that potential problems could occur during citizenship, and btw GC can be revoked anytime in the first five years..I saw a lot of information in a FAQ in a forum "life after green card". You should check it out..I think most lawyers recommend sticking to your job for 6 months after GC, of course anybody can do what they want. This is just a conservative approach.
Click to expand...
 
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