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Do we need to stay with the Sponsored Employer
- Thread starter shirs
- Start date
The green card is issued with the assumption that you will be working for the green card sponsor for at least six months after the Green Card approval.
I read at some place that you need not work for the Green Card sponsor until the Green Card is issued.
some of those who are working with the green card sponsor are leavig the sponsor the same day or ASAP after the approval.
I am not sure, it may be a requirement/expectation that the beneficiary should work for the sponsoring employer for six months after the approval.
I read at some place that you need not work for the Green Card sponsor until the Green Card is issued.
some of those who are working with the green card sponsor are leavig the sponsor the same day or ASAP after the approval.
I am not sure, it may be a requirement/expectation that the beneficiary should work for the sponsoring employer for six months after the approval.
Leaving the sponsor employer
Here is my take on this issue:
If a person can switch the job by opting AC21 option and it creates no trouble at all later in the process. I140 is employer base and I485 is for your personal data verification including employment offer. USCIS just wants to make sure you still have some valid offer from any employer.
In the light of above facts why would an approve green card will affect the citizenship?
If illegal aliens can get green card and later citizenship without a serious questions asked. Why would employment base will run in that problem (except criminals).
I guess its all self created barriers or havoc created by fellows, actually there is no such written law in USCIS books. In the time of Citizenship interview they won’t ask you for your previous employer but for your income and any criminal background. Citizenship is granted on the well worthiness of your green card utilization (means no criminal activity etc).
People talks about ethical relations with the sponsoring employer. What happened to the ethical relations when in most cases your employer exploits you until you get your GC? After green card you gain the footing and are free to work for anyone. I would say seek the best available option and look after your interest not the employer. Employer knows how to survive in the market. Now it’s your turn to learn how to survive independently.
Shahid568
Here is my take on this issue:
If a person can switch the job by opting AC21 option and it creates no trouble at all later in the process. I140 is employer base and I485 is for your personal data verification including employment offer. USCIS just wants to make sure you still have some valid offer from any employer.
In the light of above facts why would an approve green card will affect the citizenship?
If illegal aliens can get green card and later citizenship without a serious questions asked. Why would employment base will run in that problem (except criminals).
I guess its all self created barriers or havoc created by fellows, actually there is no such written law in USCIS books. In the time of Citizenship interview they won’t ask you for your previous employer but for your income and any criminal background. Citizenship is granted on the well worthiness of your green card utilization (means no criminal activity etc).
People talks about ethical relations with the sponsoring employer. What happened to the ethical relations when in most cases your employer exploits you until you get your GC? After green card you gain the footing and are free to work for anyone. I would say seek the best available option and look after your interest not the employer. Employer knows how to survive in the market. Now it’s your turn to learn how to survive independently.
Shahid568
jacquelina
Registered Users (C)
intent
The issue is really one of intent- you are supposed to intend to stay with the sponsoring employer after GC, otherwise this is considered a fraudulent application which could be questioned at GC renewal and or citizenship application. There is no pre-set date though (6 months etc)
I think the plan would be to be able to prove that circumstances changed somehow after GC which caused you to swith employers (assuming it is soon after approval) then you can argue that you intended to stay but...
so for example maybe a situation arises with your boss due to you now being 'free' to move on. This would then give you the option to argue that you had the intnetion of staying.
Also- should be noted that we don't know what the USCIS will change within the time of getting our GC and our renewal or other stuff. They might just change things all over the place. I say, switch to a job that gives you respect and the working conditions you deserve, and deal with any 'problems' as they arise in the future.
The issue is really one of intent- you are supposed to intend to stay with the sponsoring employer after GC, otherwise this is considered a fraudulent application which could be questioned at GC renewal and or citizenship application. There is no pre-set date though (6 months etc)
I think the plan would be to be able to prove that circumstances changed somehow after GC which caused you to swith employers (assuming it is soon after approval) then you can argue that you intended to stay but...
so for example maybe a situation arises with your boss due to you now being 'free' to move on. This would then give you the option to argue that you had the intnetion of staying.
Also- should be noted that we don't know what the USCIS will change within the time of getting our GC and our renewal or other stuff. They might just change things all over the place. I say, switch to a job that gives you respect and the working conditions you deserve, and deal with any 'problems' as they arise in the future.
Q72 After getting stamped in the passport for employment based immigration, how long is an employee required to work with the employer who
sponsored the employee for immigration.
A72 There is NO prescribed time limit. There are a couple of considerations that must be borne in mind. The basis for getting a GC are that you took up a "permanent" position. If you leave too soon, BCIS may claim that you did not intend to take the job up on a "permanent" basis.
Q39 What is the indication of "permanency" while working with my employer after getting my GC?.
A39 The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases.
Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone.
There may be considerable relaxation in this interpretation because in the year 2001 Congress has enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues. Therefore, it would still be a good idea to adhere to the above
[Index] [Compiled by Law Offices of Rajiv S Khanna]
sponsored the employee for immigration.
A72 There is NO prescribed time limit. There are a couple of considerations that must be borne in mind. The basis for getting a GC are that you took up a "permanent" position. If you leave too soon, BCIS may claim that you did not intend to take the job up on a "permanent" basis.
Q39 What is the indication of "permanency" while working with my employer after getting my GC?.
A39 The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases.
Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone.
There may be considerable relaxation in this interpretation because in the year 2001 Congress has enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues. Therefore, it would still be a good idea to adhere to the above
[Index] [Compiled by Law Offices of Rajiv S Khanna]