Hi , Urgent help requested

H

helper007

Registered Users (C)
Friends, I have a few urgent questions,

1] I got my GC stamping done 4 months ago and now I have a better offer and I want to switch immediately. I have not got the physical card yet, will it matter in any way?

2] I will be moving to a different state, so does letting INS know about the new address there change any thing or creates any complications.

3] Can my empployer create any nusience for me. I am leaving under frustrating circumstances wherein I have been subjected to lot of iltreatment and unjust behavior (all documented). I was not even given the salary promised on the labor certification.

I will appreciate your earliest response, as I am taking a decision by tommorow.

Thanks for your help
 
Can\'t say

The employer can inform INS that you misrepresented i.e., no intent to stay employed permanently. However if 4 months have passed and you are paid less than LC figure you could have evidence demonstrating intent changed AFTER approval.

Documenting ill treatment could be a double edged sword. Were you collecting evidence before approval with an intent to leave ? Check with an attorney and note that this is a grey area. It\'s not going to be cut and dry. Good luck.
 
No Title

1] I got my GC stamping done 4 months ago and now I have a better offer and I want to switch immediately. I have not got the physical card yet, will it matter in any way?
A: Your status is PR since AOS approval/ DOE for CP. Arrival of plastic does not change your status.
If you looked for work elsewhere (you said different state) it might be easy to show you had made attempts to leave.

Please read:
Ajit Panda "Switching company" 11/28/01 3:44pm

2] I will be moving to a different state, so does letting INS know about the new address there change any thing or creates any complications.
A: Yes. Form AR11 + call INS and tell them + USPS forward.
Complication is that card can still be sent to old address and lost.

3] Can my empployer create any nusience for me.
A: yes.

I am leaving under frustrating circumstances wherein I have been subjected to lot of iltreatment and unjust behavior (all documented).
A: as said above, if your illtreatment started before stamping, this will not help you and can be used against you.

I was not even given the salary promised on the labor certification.
A: this is good cause for leaving your sponsor. However, you must show attempt to get this salary

You cannot possibly make a good decision by tomorrow to leave. This would not be a careful move.
If you want to leave this employer - do it right without jeopardizing your future.
 
THanks and more questions

Friends, Thanks for your response. Does the fact that my salary was reduced after the Green Card was approved (which changed my intent) and my company was going through layoffs (which again changed my intent) leaving me unsecured, not enough to justify the change in intent. I will appreciate your comments.
 
HELPER007

Can you provide some more information about your case:

1. Did you go through Adjustment of Status or CP interview?

2.Was your salary over LC salary at the time of adjudication / CP interview? If so, was it an issue?

3. Was the salary reduction specific to you or a firm-wide event? In the latter case, you cannot claim "ill-treatment".

4. You said: "...company was going through layoffs.... leaving me unsecured..."

This does not constitute grounds for "ill-treatment". Most employment is "at will", and the employer or employee can terminate it at any time.

You will have a tough time proving that your future employer is offering a "secure" job or a stable salary. Face it, salary cuts and layoffs are part of the same American lifestyle that you have chosen to embrace. Find something other than a salary cut or threat of a layoff to substantiate a case for "unjust behavior" or "ill-treatment".
 
No Title

Yes. This is good material.
Be very careful not to link anything you may need to claim (hopefuly not) to events prior to AOS approval (or DOE in case of CP) and that such linkage will not be possible by others.

In any case (even if you decide to stay longer) please consider:
* Don\'t tell anyone at work you are leaving because reasons which are directly or indirectly linked to events prior to AOS approval.
* Better try to leave in good terms, if possible.
* Any evidance that can show you started looking for new job prior to the event(s) that you say caused you to leave or prior to AOS approval can be used against you.

Your goals should be:
* Avoiding any scrutiny by INS. But if scrutiny does happen -
* Be able to prove to others you acted in good faith at least up until AOS approval.

Good luck.
 
No Title

Can you provide some more information about your case:

1. Did you go through Adjustment of Status or CP interview?

It was AOS

2.Was your salary over LC salary at the time of adjudication / CP interview? If so, was it an issue?

No, it was low.

3. Was the salary reduction specific to you or a firm-wide event? In the latter case, you cannot claim "ill-treatment".

It was firm-wide but different for different people.

4. You said: "...company was going through layoffs.... leaving me unsecured..."

Well, I was actually told by my boss that he is putting me on a 1 month probation...

The new offer is substantially higher by 35% and is much better company , 3 times my company size and they are also growing even in this economy..what do u say now
 
Only playing the devil\'s advocate

Helper007,

I am only playing the devil\'s advocate here. I\'m sure you\'ll make an educated choice. My previous post was intended to identify if there was any person specific ill-treatment doled out to you. In your post, you indicated that:

a. Salary reduction was firm-wide, in varying amounts.
b. Your boss advised you of a probation.

The above facts by themselves do not indicate "ill treatment". A salary reduction could be by percentage or by performance, and in either case the amounts will vary by person. Notice of a probation is a standard practice in many firms, particularly in the services sector (consulting firms). It may or may not depend on an individual\'s perfomance, and could result due to bad business climate.

Other firm could be the largest firm in the world, make you the CEO, pay you a thousand times more, and have a meteoric growth rate. However, these niceties still won\'t guarantee you a stable job, nor would they corroborate your claims of "ill-treatment" in your current company. They might actually undermine your case, with greed as your motivation.

To substantiate your case, you need to identify your **current** firm\'s specific actions that constituted "ill-treatment" and impacted you individually (instead of everyone).

Having said all that, let me reiterate that, it is, afterall, your choice. For all you know, no one may ever question your decision to switch. But if they do, make sure you have a sound argument.

gcD.
 
No Title

Since your boss put you on a 1 month probation, he is not happy with you anyway, I dont think they would really care if you leave. Also since your company is having lot of layoffs, they would be even glad to let you go. Unless they have specifically told you or threatened you that you cannot leave, I think it is a clear cut case.
 
Thank You Folks

Well, friends, these were all very excellent arguments, thank You,
I feel a person needs to go with his best judgement and take a decision.

"illtreatment" is again a very subjective issue and can be interpreted in lot of different ways. I do have some documented stuff which clearly indicates Racist, discriminatory and above all illtreatment tendencies on part of the company. Morover I have been subjected to a lot of illegal and unfair policies which never existed leading to a lot of mental and emotional unstability and personal financial losses(all documented) to me. However these documents are from before the AOS approval.

After the Green Card approval, I have been subjected to pay cuts and not given the salary as was promised on my Labor. Then the category in which my Green Card was promised, that job was not given to me, rather I am working in a different category. Then I am working in a position where I have lot of company secrets with me, if they fuck me they have to judge it properly also that I can fuck them too...so I think I should be fine and dont really expect any surprises.

However if they come, will see and hire a good lawyer to handle the case. We all know that now INS has allowed change of jobs after 6 months of 485 pending approval. Now this law clearly indicates that INS considers that a person who has been working for an employer for atleast 6 months 485 pending has demonstrated intent to work for the same employer permanently and can change jobs. The article pointed does indicate that this has nothing to do with the GC approval, but really, I think even INS is liberal and understands that 90% of the people change jobs after their GC is approved in 3-6 months. There is nothing wrong with it, its just a mental pressure that we guys go through. Always remember there are two sides of the coin. We are looking from our perspective but the emloyer will also think 20 times atleast before filing a complaint.

Just sharing my views and your comments are welcome again....

Thanks
 
No Comments!

I have no comments my friend. You have laid it out so eloquently. Congratulations on your GC and good luck with your future!

Amen.
 
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