GC approved-Did not inform USCIS of change of employer

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dancininthedark

Registered Users (C)
Hello
I have GC approved but did not inform USCIS of change of employer and have the following questions

1. Will this have any affect in the future for citizenship or revoke of GC

2. I got my GC in June 2007 and want to change my employer already(I have already left my GC sponsoring employer), do I have to stay with this 2nd employer for a year before I leave

PS: I have already obtained a letter of employment from my 2nd employer which does say that my job duties are in line with the one mentioned on labor but have not sent it to USCIS.

Guys who have been in similar situation and are close to citizenship or have already obtained citizenship Please Please do advice.

Also gurus and seasoned members your comments are really needed!!!
 
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Can someone who hae been in similar situation Please respond and share as to what did they do????

Your response is really needed, I am almost on the verge of getting an offer from another company that I would like to work with.
 
Ideally you should stay with the sponsor company for at least 6 months after getting the GC. However, you could use AC-21 to work for a similar job after 6months of applying I-485.

So the question is did you leave the sponsor company after 6 months of I-485? If yes, you should be fine, just don't do anything. Otherwise, you might get into trouble when applying citizenship. No matter what, I probably wouldn't do anything, since you have your GC already.
 
Well, ideally you should go back and work for your GC sponsoring employer for 6 months if you did not file AC21 papers before GC approval.

Not many have any experience with problems at citizenship time as AC21 is a recent law. Lawyers say it is rare that they may question you, but the chances exist.

I am in the similar situation and leaving my current employer to go work for my lousy GC employer just to be safe.

Your choice and your risk taking capabilities.
 
Thanks Sun

blahblah

I left my gc sponsoring employer 2 years after filing of I485 but did not inform uscis of the same. I know there are many people like me who have not informed I am just trying to find out what are they doing??

Are they going back to their gc sponsoring employer to work for 6 months - 1year

OR

They are staying on with their current employer and if so are they changing jobs pretty fast after getting gc.
 
dancininthedark

I did not get your blahblah part.

Glad you are so well informed. Good luck.
 
According to my attorney, it is not a requirement to inform USCIS about change in employer and AC21 is automatically applicable if you work in same/similar job. So far there has been no case reported in this forum where not informing USCIS was a problem during Citizenship! So you can relax!
 
dancininthedark; said:
Thanks Sun

blahblah

I left my gc sponsoring employer 2 years after filing of I485 but did not inform uscis of the same. I know there are many people like me who have not informed I am just trying to find out what are they doing??

Are they going back to their gc sponsoring employer to work for 6 months - 1year

OR

They are staying on with their current employer and if so are they changing jobs pretty fast after getting gc.
Click to expand...

Dont worry too much if you have already used your AC21. Eventhough you haven't informed USCIS, if the need comes you can always show paychecks dated earlier to approval date.
 
Guys thanks for the information, I am already planning to leave my current employer, my gc was approved in june 2007. So should I wait till June 2008 to change my employer or is it ok to leave now.
 
There is no clear cut regulations that one has to inform USCIS when one changes employer (prior to GC approval). Even if you don't inform, you should be fine as long as you are able to prove that you shifted to a similar or same job by using AC21.

As far as changing employers after GC, eventhough some lawyers claim atleast a 6 month safe harbor, truth is there really is nothing in the books that lays it black and white. As long as you move to a similar job, I guess you should be fine since you would be following the AC21 law 'in spirit'. A good lawyer would be able to argue on these lines in case you face any issues, in this regard, during citizenship interview.
 
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Same profession you need to be in until you obtain GC but after GC you can change to any profession you want right?

For eg after GC a software engineer can work as a recruiter or start his own consulting company right??

Comments?
 
Sponsoring for green card is for future employment after getting GC. So I would think you have to stick to your employer for atleast 6 months after getting GC.
 
Doesn't double jeapordy apply to people who have already worked for the company sponsoring the GC.

I dont know the exact law, but even though GC in vanilla way says you will work with this company.
But now that you have already worked, isnt it that you have fulfilled the requirement?

Its like getting to do time again when u have already served time for the same crime. That classical double jeapordy.

neo
 
Does,t Double Jeapordy apply

Doesn't double jeapordy apply to people who have already worked for the company sponsoring the GC.

I dont know the exact law, but even though GC in vanilla way says you will work with this company.
But now that you have already worked, isnt it that you have fulfilled the requirement?

Its like getting to do time again when u have already served time for the same crime. That classical double jeapordy.
 
What is the point for you to stay 6x months after getting the GC?
When you can execrise the AC21 once your I485 filed after 180 days.
So, what is the law said? Or are we just mixed up the 180 days rule with AC21 vs GC?
 
If your gc was approved after 2 years, you should be ok, just stay on current job for at least 6 months. there is no requirement to inform uscis of change. You did use ac21 though you did not inform about it. As long as you work on the same field you should be ok
 
But what about after GC(based on employment)

Can you change your profession & if yes then how soon can you work in a professionl which is not mentioned on the GC labor.

For eg can a Software Engineer become work as an IT recruiter, will that violate anything and cause any future problems.

Can you start your own IT Consulting company after GC?
 
belacut said:
What is the point for you to stay 6x months after getting the GC?
When you can execrise the AC21 once your I485 filed after 180 days.
So, what is the law said? Or are we just mixed up the 180 days rule with AC21 vs GC?
Click to expand...
When you do AC21 to change jobs, the new employer effectively becomes your sponsor (although they don't really do the typical heavy sponsorship paperwork -- they only have to send the employment letter). So staying with the new employer after the GC is what would fulfill the supposed requirement of "permanent intent".

The main situation that could cause you a problem is if the sponsoring employer (the new employer if you did AC21) complains to USCIS that you didn't join them or you left too soon after getting the GC. Having the GC revoked is a much bigger problem than being denied citizenship but getting to keep the GC.

However, this is a very gray area without explicit rules in the law. And we won't get any definite answers until somebody is denied citizenship because of it, or an employer complains to USCIS and USCIS revokes the green card. That would then force the case to go to court if the person challenged the revocation or denial, then a judge would make a ruling on it. If the judge rules that leaving the job after less than X months is wrong, USCIS may make it standard practice at the citizenship interview to ask about when you left the sponsoring employer and use it as the basis of denial, and angry employers will complain more actively to the USCIS. Of course, if the judge rules that changing jobs after one day is fine, you are home free.

So until they amend the law to clarify the rule, or a judge rules on such a case, you are taking a risk by changing jobs too soon, however small that risk might be.
 
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I am so glad Jack you have not dissapear , you are 100% on the money.
As I see it, 6 months should be time enough to prove intent. 1 year is even better.
 
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