Here is the scoop behind changing jobs from two attorneys

[me_srilakshmi]

War on Footnote…

Very Good suggestion.
It could have been still better if you replace like this ..
'People who have a choice to stay with a company for some months after they get their GC - **should **do so ..'
Replace--'People who have a choice to stay with a company for some months after they get their GC -** may do so**...'.
How about-Also you may add at the end --
**Still you can change jobs as u wish, if you think there is no risk as per existing law in your specific case and as since ,seemingly/knowingly, there is no case law so far in the US courts /BIA/AAO on this for GCs/naturalization or there are no guide lines from CIS for clear interpretation of law.So you are the decision maker for your self facing the consequences if any(if any thing at all) and till any of the above really is available**

.Period.

War on Footnote…

I guess change of employer war took back seat and we have a war on how the footnotes will be…

 

[Participant]

War on Footnote…

I guess change of employer war took back seat and we have a war on how the footnotes will be…

Same old war is real bore since the war is on a 'Fluid' thing .Have new war on new thing for a change

However,you need to differentiate.This amendment to FN is not a war but is a friendly 'Tie'.

 

[pralay]

I think, change of job inside the same area of ocupation is OK, if your asked during naturalization , you just cite AC21. it would be difficult, almost impossible for CIS to vindicate "bad intent"
But if someone already quit.
How about future imployment with sponsor?
How soon after GC I have to join/
what if i wait 6mo-1yr-2yr?
what will they have to say/

In my opinion, citing AC21 may help, but there is no surety about it as technically AC21 does not apply after I-485 approval.

Regarding "vindicating bad intent". I think you are the person who referred Adjucator's Field Manual couple of days back. Read what Chapter 10 says:

"(e) The Burden of Proof. Bear in mind that the burden of proof in establishing eligibility for an immigration benefit always falls solely on the petitioner or applicant. USCIS need not prove ineligibility."

And this policy is not just about this specific I-485 adjucating process, but for any type of immigration benefit USCIS grants.

 

[Participant]

[

I it would be difficult, almost impossible for CIS to vindicate "bad intent"
But if someone already quit.
[/QUOTE]
Proving Intent ?
Some one questioned somewhere how to prove intent from your mind.
For all stressed up members from this 'job change discussion'--
as a lighter vien,proving intent-- if CIS likes to prove
CIS may --
1) conduct a ploygraph test in Citizenship interview.

or 2)use more sophisticated gadgets based on electroencephalogram .

------------------------------------------------
Not an advise

 

[akatu]

Again about intent

[

Some one questioned somewhere how to prove intent from your mind.
For all stressed up members from this 'job change discussion'--
as a lighter vien,proving intent-- if CIS likes to prove
CIS may --
1) conduct a ploygraph test in Citizenship interview.

or 2)use more sophisticated gadgets based on electroencephalogram .

------------------------------------------------
Not an advise

Yates memo on AC21:
In all cases an offer of employment must have been bona fide, and the
employer must have had the intent, at the time the Form I-140 was approved, to employ
the beneficiary upon adjustment. It should be noted that there is no requirement in
statute or regulations that a beneficiary of a Form I-140 actually be in the underlying
employment until permanent residence is authorized. Therefore, it is possible for an
alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been
employed by the prior petitioning employer or the subsequent employer under section
204(j) of the Act.

 

[akatu]

In my opinion, citing AC21 may help, but there is no surety about it as technically AC21 does not apply after I-485 approval.

Regarding "vindicating bad intent". I think you are the person who referred Adjucator's Field Manual couple of days back. Read what Chapter 10 says:

"(e) The Burden of Proof. Bear in mind that the burden of proof in establishing eligibility for an immigration benefit always falls solely on the petitioner or applicant. USCIS need not prove ineligibility."

And this policy is not just about this specific I-485 adjucating process, but for any type of immigration benefit USCIS grants.

This is pertinent to immigration office decision making.
Federal court abides common law and constitution. That' sexactly what I ment if it comes to denial of citizenship on a grounds of "bad intent", especially if someone spent with a sponsor 6 month+ after approval of 140

 

[akatu]

But that was just for the value of discussion

My real Q is: OK I agree i do not want to play in shaddy area. So what would be the utmost limit of time to join sponsor : 1 mo-6mo-1yr-2yrs?

 

[pralay]

This is pertinent to immigration office decision making.
Federal court abides common law and constitution. That' sexactly what I ment if it comes to denial of citizenship on a grounds of "bad intent", especially if someone spent with a sponsor 6 month+ after approval of 140

As I said before (and underlined the word), your 6 month work may help you. But, as 6 month rule for AC21 technically applies before I-485, you don't have a good law in your side either.

 

[pralay]

My real Q is: OK I agree i do not want to play in shaddy area. So what would be the utmost limit of time to join sponsor : 1 mo-6mo-1yr-2yrs?

I don't think there is any specific timelimit. You can take your own time and join your sponsorer, provided your sponsorer agrees with the term and keep the offer open for you. In my opinion, even joining after 2 year is fine, provided you join your sponsorer in good faith eventually.

But in practical sense, after gaining some additional experience in two years I don't think you would like to reset the clock and want to go back to your sponsorer for GC job position.

 

[Participant]

I don't think there is any specific timelimit. You can take your own time and join your sponsorer, provided your sponsorer agrees with the term and keep the offer open for you. In my opinion, even joining after 2 year is fine, provided you join your sponsorer in good faith eventually.

.

There is no explicit timeline(think this case is of 485 route) but
taking an analogy of Immigration visa approval CP route,
the immigration visa is normally valid for six months.
Hence this period may be considered as max. by CIS if that comes to that of joining a sponsoring employer (with out AC21)after GC approval,for example.
(of course this can be academic type of discussion only as things may not be practicable).