VellaMunda
Registered Users (C)
How early can I leave my current job after getting GC stamped on my passport?
Thanks
Thanks
How early can I leave my current job
- Thread starter VellaMunda
- Start date
Not so sure you can leave right away...
I remember reading on murthy.com(?) or maybe even this forum that 180-360 days is advised.
AC21 gives you the flexibility to move jobs while waiting for approval. However, since the green card is really a promise for a future job, the commitment starts only after getting the green card.
So, quitting right after getting the passport stamped violates the "good faith" intent to work for the sponsoring company. This should also work vice-versa. The company cannot fire you right after you get a green card. Otherwise this whole arrangement is not in good faith?!
Or do I have it all wrong?
Regards.
-- Sam
I remember reading on murthy.com(?) or maybe even this forum that 180-360 days is advised.
AC21 gives you the flexibility to move jobs while waiting for approval. However, since the green card is really a promise for a future job, the commitment starts only after getting the green card.
So, quitting right after getting the passport stamped violates the "good faith" intent to work for the sponsoring company. This should also work vice-versa. The company cannot fire you right after you get a green card. Otherwise this whole arrangement is not in good faith?!
Or do I have it all wrong?
Regards.
-- Sam
Stuckintexas
Registered Users (C)
Partly correct
I think you got the first part right. But the comany is under no obligation to keep you. The employment with the company is based on the employment agreement you have with the company and not dependent on your GC.
I think you got the first part right. But the comany is under no obligation to keep you. The employment with the company is based on the employment agreement you have with the company and not dependent on your GC.
CouldNotPost
Registered Users (C)
intent...
its interesting to note that the spirit of GC - intent for long-term employment is a one-way street... isn't the employer accountable at all ?
its interesting to note that the spirit of GC - intent for long-term employment is a one-way street... isn't the employer accountable at all ?
If you get the 485 approved in 180days you have to work for the sponcering employer for some time, else you are free bird. You can join any company once GC comes.
One of my colige in Citibank, joined after he got his GC stampped (Dec, 2002) he moved to Vendor with in 15days, he got hired by Citibank. So no problem.
BaSh
One of my colige in Citibank, joined after he got his GC stampped (Dec, 2002) he moved to Vendor with in 15days, he got hired by Citibank. So no problem.
BaSh
I don't think any of us know for sure and I suspect that the requirement to stay with the sponsoring employer for 180 days or more is maybe true in theory, but not in practice.
What about the people that changed jobs before their 485 was approved and CIS had no knowledge of this (no RFE issued). How can that be okay, but it's not okay to change jobs after your 485 is approved? That just doesn't make sense.
What about the people that changed jobs before their 485 was approved and CIS had no knowledge of this (no RFE issued). How can that be okay, but it's not okay to change jobs after your 485 is approved? That just doesn't make sense.
antonchekhov
Member
I was given the same advice by my lawyer.. to wait for atleast 3~4 months before quitting..
It makes absolutely no sense that AC21 gives people a valid reason to quit their sponsoring employer prior to I485 approval, whereas once you're approved you have to work for them for a 'rule of thumb' of six months..
The lawyer concurred but said its just to cover your @$$ when applying for citizenship as we are expected to provide detailed employment history in the N400 form.
Its really frustrating because I have an offer from a company and
I HAVE TO WAIT!!!!!
It makes absolutely no sense that AC21 gives people a valid reason to quit their sponsoring employer prior to I485 approval, whereas once you're approved you have to work for them for a 'rule of thumb' of six months..
The lawyer concurred but said its just to cover your @$$ when applying for citizenship as we are expected to provide detailed employment history in the N400 form.
Its really frustrating because I have an offer from a company and
I HAVE TO WAIT!!!!!
poongunranar
Registered Users (C)
My two cents
I will argue my own personal opinion on this subject from the fact that there is no explicit statute that governs the mandatory period of retention to satisfy the Green-Card obtained through Employment. However, there is a Conditional Two-Year Green-Card for marriage based cases, where the condition has to be removed subsequently. So, as per Immigration Law, such a marriage based GC holder will lose his/her GC, if a divorce is obtained within 730 days of obtaining a conditional GC but not after 731 days of obtaining a conditional GC, provided he/she removes the condition of approval on the 730th day. In other words, as soon as the condition is removed, he/she is free to marry anybody. That is not going to haunt them later.
Now, for Employment-Based Cases, there isn't an explicit statute that governs a minimum period of work retention. Ipso facto, where is the ground for violation? Of course one of you will argue that INS may construe that to be a fraud! Well, what is fraud? What is the motive to this fraud? During the time of adjudication all aspects of the case were true. After adjudication, situation changes and even INS is aware of it. Yeah, the GC is issued for the employer to have the employee work for the firm. But, the law doesn't mandate that the employer holds on to the employee for whom the GC is awarded. Period.
Therefore, INS can never reject a Naturalization petition on this count. Of course a binge-drink, an argument with your wife, or a simple shop-lifting may land you in deep trouble than giving a pink-slip to your employer after getting your GC.
I am arguing this for academic interest only. Personally, I love my employer, even though I am not sure if it is other way round (Outsourcing to India is causing hot anti-Indian wave everywhere and it is getting sultry because of it ).
I will argue my own personal opinion on this subject from the fact that there is no explicit statute that governs the mandatory period of retention to satisfy the Green-Card obtained through Employment. However, there is a Conditional Two-Year Green-Card for marriage based cases, where the condition has to be removed subsequently. So, as per Immigration Law, such a marriage based GC holder will lose his/her GC, if a divorce is obtained within 730 days of obtaining a conditional GC but not after 731 days of obtaining a conditional GC, provided he/she removes the condition of approval on the 730th day. In other words, as soon as the condition is removed, he/she is free to marry anybody. That is not going to haunt them later.
Now, for Employment-Based Cases, there isn't an explicit statute that governs a minimum period of work retention. Ipso facto, where is the ground for violation? Of course one of you will argue that INS may construe that to be a fraud! Well, what is fraud? What is the motive to this fraud? During the time of adjudication all aspects of the case were true. After adjudication, situation changes and even INS is aware of it. Yeah, the GC is issued for the employer to have the employee work for the firm. But, the law doesn't mandate that the employer holds on to the employee for whom the GC is awarded. Period.
Therefore, INS can never reject a Naturalization petition on this count. Of course a binge-drink, an argument with your wife, or a simple shop-lifting may land you in deep trouble than giving a pink-slip to your employer after getting your GC.
I am arguing this for academic interest only. Personally, I love my employer, even though I am not sure if it is other way round
(Outsourcing to India is causing hot anti-Indian wave everywhere and it is getting sultry because of it ).You are absolutely right
But there was a case of a stinking employer sending letters to service center about the fact that the employee jumped over to the client side.
But I did n't want to be too inquisitive to follow up with that guy of the outcome / guy's fight back. But I am sure there were some follow ups on that. Sorry for inability to give updates on this....... this occurred more than a year ago. But they are still here.
So the lesson learnt is
"Dont get rough with the employer immediately after getting GC stamped........... take off after couple of weeks.......... say that you want to visit the country.......... stay away for longer time on one pretext or another......... make sure that you create records of submitting your request for absence........... but please remember that they helped us get the GC.......... dont ever forget that "
We are not playing games here.....but trying to get out of a situation without problem to both the parties.
But there was a case of a stinking employer sending letters to service center about the fact that the employee jumped over to the client side.
But I did n't want to be too inquisitive to follow up with that guy of the outcome / guy's fight back. But I am sure there were some follow ups on that. Sorry for inability to give updates on this....... this occurred more than a year ago. But they are still here.
So the lesson learnt is
"Dont get rough with the employer immediately after getting GC stamped........... take off after couple of weeks.......... say that you want to visit the country.......... stay away for longer time on one pretext or another......... make sure that you create records of submitting your request for absence........... but please remember that they helped us get the GC.......... dont ever forget that "
We are not playing games here.....but trying to get out of a situation without problem to both the parties.
If you want to go out from the company... Definitely you have to play some game with the employer. No one wants to quit immediately, if the situation comes everyone does....
Finally every ones conclusion is you can quit the job with smooth pass from your employer.
BaSh
Finally every ones conclusion is you can quit the job with smooth pass from your employer.
BaSh