Hi Everyone.
I have been approved a few weeks back and had updated that on the site. I was looking to switch my job a few weeks back and went to India. Before I actually took my final decision and while I was in India my 485 got approved.
Looked in the forum seems everyone said wait 6 months before switching. I am sure there is some basis for everyone saying this but I could not find anything concrete. Is there any provision that specifies this (not that the fact that you should work 6 months but indefinately).
Asked my lawyer the question and this is her response.
Question:
I was made to believe that once the AOS has been approved I would need to stay with my employer (whoever I may be working with at the time of AOS approval) for 6 months to 1 year once my AOS has been approved else the USCIS may consider that I got my GC fraudulently. As I understand from a couple of my friends who were advised by their attorney the provisions of the 485 state that “intent” is to work with the employer indefinitely and if I were to work less than at least 6 months my “intent” was never to work for my employer indefinitely.
The issue seems to be that during naturalization/GC renewal the USCIS may constitute this to be a fraud on my part and reject my case. I want to be sure if there is any such issue before I proceed with my next steps.
Answer:
Certaintly if you never had any intent to work for the current employer when you were going through the AOS process you have a problem. Based on your communications with our office, however, we do not understand this to be the case. The law specifically allows persons to change employers 180 days into the AOS process. A similar legal analysis should also apply after the AOS case is completed. Since the case is already completed and no longer pending there is no open record to update with a supplemental filing. As you may know, all legal determinations are made on a case by case basis. Your friend's or friend's attorney's comments are not relevant to our determination.
Answer from the superior of the person who gave the above response:
Yes, I agree with xxxx – it is safe for you to change jobs at this time. There is no exact period of time after approval of the I-485 during which you must remain with the petitioning employer. The scenario you mention below (waiting for 6 months to one year after approval) used to be advisable, because of the intent issue. However, what you intend is of course subjective and open to interpretation. Further, AC-21 has made this much less of a concern – the whole point of that legislation was to keep foreign nationals from being treated like indentured servants – essentially tied to an employer forever because of the green card.
What do you all think about this? I am sure this can be a comprehensive thread for this issue as I am sure most people face this dilema
I have been approved a few weeks back and had updated that on the site. I was looking to switch my job a few weeks back and went to India. Before I actually took my final decision and while I was in India my 485 got approved.
Looked in the forum seems everyone said wait 6 months before switching. I am sure there is some basis for everyone saying this but I could not find anything concrete. Is there any provision that specifies this (not that the fact that you should work 6 months but indefinately).
Asked my lawyer the question and this is her response.
Question:
I was made to believe that once the AOS has been approved I would need to stay with my employer (whoever I may be working with at the time of AOS approval) for 6 months to 1 year once my AOS has been approved else the USCIS may consider that I got my GC fraudulently. As I understand from a couple of my friends who were advised by their attorney the provisions of the 485 state that “intent” is to work with the employer indefinitely and if I were to work less than at least 6 months my “intent” was never to work for my employer indefinitely.
The issue seems to be that during naturalization/GC renewal the USCIS may constitute this to be a fraud on my part and reject my case. I want to be sure if there is any such issue before I proceed with my next steps.
Answer:
Certaintly if you never had any intent to work for the current employer when you were going through the AOS process you have a problem. Based on your communications with our office, however, we do not understand this to be the case. The law specifically allows persons to change employers 180 days into the AOS process. A similar legal analysis should also apply after the AOS case is completed. Since the case is already completed and no longer pending there is no open record to update with a supplemental filing. As you may know, all legal determinations are made on a case by case basis. Your friend's or friend's attorney's comments are not relevant to our determination.
Answer from the superior of the person who gave the above response:
Yes, I agree with xxxx – it is safe for you to change jobs at this time. There is no exact period of time after approval of the I-485 during which you must remain with the petitioning employer. The scenario you mention below (waiting for 6 months to one year after approval) used to be advisable, because of the intent issue. However, what you intend is of course subjective and open to interpretation. Further, AC-21 has made this much less of a concern – the whole point of that legislation was to keep foreign nationals from being treated like indentured servants – essentially tied to an employer forever because of the green card.
What do you all think about this? I am sure this can be a comprehensive thread for this issue as I am sure most people face this dilema
But this discussion will help some new comers to know a little bit about the law or lack of it.