How long to change job after GC

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ZL123

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Hi Guys,
I saw lots of discussions of how long one should wait to be safe to change employer after getting GC. The key point seems to me is that the GC holder should prove that he or she must be faithful to work for the employer indefinitely. But the “employer” is not very clear to me: is it the current employer (the company who hires the GC holder when the GC holder gets the card) or the sponsor employer (the company who filed and provided all documents for the application of GC for the GC holder)? They could be different companies.

For example, I was hired by company A and company A sponsored me for everything of GC application, including LC/140. I switched to company B in I485 pending period. (Of course it is after 180 days in accordance to ACT21). After I get GC, can I change employer immediately? Why should I work indefinitely for a company who doesn’t sponsor me for GC? In all occasions what I said or signed were to work indefinitely for the company A not company B.

So my point is if the GC holder switched job in I485 pending, he or she should be legally change employer right after GC. And if this is true, why not all applicants change job in their pending time.
 
You should have the intent to stick with the company that appeared on your documents at the time of the I-485 adjudication.

If you switch to employer C, or D, immediately after receiving the GC, it's pretty obvious that you didn't have the intention of working for the sponsoring (initial) employer. Case closed.

No problem until naturalization, or unless your sponsoring employer contacts BCIS because you ditched them.
 
ysolong said:
If you switch to employer C, or D, immediately after receiving the GC, it's pretty obvious that you didn't have the intention of working for the sponsoring (initial) employer. Case closed.
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Why is it obvious that I didn't have the intention of working for the sponsoring employer (compnay A) if I switch to company C from company B after getting GC?
 
Hi JoeF,

According to your opinion, when I switch to company B I need to tell company B that I will work for them indefinitely and company B also need to agree that they will hire me indefinitely (if they don't want to lay off or fire me).

Is this true when you change employer when I485 pending?

Or I can switch jobs as frequently as I can although everytime I intent/pretent to work for the employer indefinitely until the moment I got the GC. At that moment I can not pretent anymore and can only intent. In reality I don't think there is any real faith in working for an employer indinitely, not even in old Japan and let alone US!
 
What is the intent specifically for?
a) staying with the employer or
b) staying in the job?
because GC is actually for a job, I am specifically interested in knowing how these are considered when looking into intent.
1) Change of role. Say you get a promotion immediately after the GC and you become a Manager as opposed being a worker.
2) Move to different location but be employed by the same employer. The job may or may not be similar.
 
I checked available sources (very limited) and couldn't find where and how says an employment based GC holder has to have intent to work for the employer indefinitely. The only thing I found is you have to have a permnent job offer from an Americam employer to be eligible for application of employment based GC and you have to keep that permnent job offer or job until the approval.

Can anybody tell me what law or regulation says that an employment based GC holder has to have intent to work for the sponsoring employer "indefinitely" after or even before getting GC? Thanks.
 
Hi JoeF,

Regarding your first point, I think there might be a misunderstanding. If you are out of US and an American employer applys an employment based GC for you and gets approved, you have to work for that employer when you first come to US using the immigration VISA. It's like you get a student VISA based on study in an American college and you have to enroll in that college when you first come to US using that nonimmigration VISA. But for Adjust Status, I don't think there's any binding between GC holder and a particular employer, rather the binding exists between GC holder and a job if there's any binding. The reason is that if you can change employer before and what's reason to stick to the last one? Actually one of the purposes of AC21 is to free applicants from being hostage of some bad employers. I can't see reasoning why the GC holders should become hostage again.

As for your second point, I really want to find out any document for the theory. I looked all INA in INS sites and couldn't find the "intent to work for the sponsoring employer indefinitely". Do you know any real examples of GC being revoked or denial of naturization due to changing employer after GC?

Thanks.
 
Again, your "intent" must be to work "indefinetly" for the company that appears on the I-485 docs. at the time of adjudication.

I am not sure why this so difficult to understand?

The key is to be honest. Then, you won't have anything to worry about. The conscience is a funny thing......right??? :)
 
what happen if the employer's business closed?

Hi, All,
After got the GC, one should work for the employer . But what happen if the employer closed their business. Or The GC holher was layed off?
 
What will happen in the following case

What will happen in the following case?

If employee have been working for comapny A (GC sponsors) for more than 2 years after A filed I-485 for him.
He got a job offer from company B and plan to join company B by using AC21 since it's a better offer. But he could not join immediately because of certain reason (has to stay with A for 1 month if he request to quit.)
Suddenly, his green card get approved before he could quit :confused: from company A.

What should he do now? Stay with company A? or Join B immediately, but is it also considerred quitting from A immediately after getting GC?


Please comment.

Moon
 
Special case of changing jobs bef. 485 approval

Hey Joe, Gang,

Thx for the valuable info you provide for all of us here!
In my case, i got my I485 approved (June 04). The sponsor Co. (A) was preparing to lay me off on 03/04 (no documents available to prove that though). I had to start looking for a second place and finally could join a Co. B (mid 01/04).
Am I breaking the law? My intention was to stay with Co. A but I had to change to B before getting laid-off. It happened before getting the approval and 20 months I485 application date.

Your thoughts will be appreciated. I'm concerned about the PP stamping process getting into those issues.

Many thx

D.

JoeF said:
Currently hard to say. AC21 only deals with cases when the I-485 is pending.
Usually, the regulations specify what to do in special cases like the one you mentioned. Thing is, though, CIS hasn't published regulations. So it is basically up to the examiner...
Click to expand...
 
Thx Joe for the prompt response,

A question thou: how can B become the sponsor if he did no sponsor for me whatsoever .. i.e. in my case, B doen't sponsor green cards anyway. I tought B needs not to sponsor since A did the whole stuff and we waited more than 180 days (a lot more ..).

Thanks again, buddy

D

JoeF said:
The change to B was before the I-485 approval. So, with AC21, no problems there. With the change, B essentially became the sponsor. So, at the time of I-485 approval, you had to have the good faith intent to work for B "indefinitely".
Click to expand...
 
Advise from Greencard gurus please

What if after GC my employer sends me to another US state for employment. Employer has a branch in the new state where the job is as well. This state is out of 3 miles radius of the location mentione din my labor certificate. Do I need to redo my labor clearance? I read somewhere that I should.

Any thoughts?

thanks
 
This is an interesting situation. I myself was looking to utilize AC21 before I received I-485 approval unexpectly.

In these kind of situations, I guess instead of proving the intent to work for the sponsoring company indefinitely, one have to argue that he/she already intent to leave the sponsoring company before PR is approved.

Just shows you how confusing the current immigration law is. :)
 
This is what my lawyer said!

Changing jobs! This is what my lawyer said.


You are supposed to report to work for the petitioning employer after rec.
your temp. perm. resident stamp in passport. Since you have been working
for 3 wks for the petitioner, you have technically satisfied this
requirement. There is no exact amount of time one needs to stay with the
petitioning employer after receiving permanent residence, however, it's
always wise to stay with that employer for a period of time. When you file
for naturalization, this issue can be revisited by the officer if you, for
ex., never actually reported to the employer.
 
Please analyse this!!

I have an approved 485. I applied concurrently in the EB1(outstanding researcher) category and sponsor company was shutdown before the I-140 approval. By that time the I-485 was pending for about 8 months. Now I am working for a different company and did not get a chance to send AC21 letter before the 485 approval, since the approvals(140/485) were concurrent. I am wondering if there would be any problem during the citizenship? I would be thankful for any sggestions.

616athem
 
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My opinion

I personally feel that one can leave the sponsoring employer any time after the I485 approval, but preferably after 1 month. There are no restrictions on the green card holder regarding the jobs. Once you get your GC, you are free to work for any employer. The previous restriction that one has to work for 2 yrs is removed. Also after AC21, it does not make any sense that a person who has filed his I485 just 6 months can change jobs and a green card holder can't change jobs. That's absurd. Taken these two facts together (removal of 2 yr restriction and AC21 ), i feel that we have a strong case on choosing the job of our choice after getting the GC. Yes, INS can reject your citizenship application saying that you don't have the intent to work for the sponsoring company, but we can file an appeal on that and i am sure we have more stronger grounds to argue than INS.
INS can do anything, by interpreting the law as it likes, but it's decision is not non challengeable. I wouldn't care about INS taking a tough or wrong decision on my citizenship application. I have confidence that i can challenge them and win my case. If it doesn't work out, then i will not have regrets to leave this country. I would have made enough money by then.
So i suggest that one can change jobs 1 month after GC approval.
 
616athem said:
I have an approved 485. I applied concurrently in the EB1(outstanding researcher) category and everyone in my company was shutdown before the I-140 approval. By that time the I-485 was pending for about 8 months. Now I am working for a different company and did not get a chance to send AC21 letter before the 485 approval, since the approvals(140/485) were concurrent. I am wondering if there would be any problem during the citizenship? I would be thankful for any sggestions.

616athem
Click to expand...

Once your GC is approved , you can simply forget about your ex employer. Let him go to hell or close his company or re open it. For you that chapter is closed. There won't be any difficulties at citizenship. Read my earlier post on job portability after GC.
 
My take on the discussion

With due respect to JoeF and dsatish's opinion, I am tending to agree with both on certain aspects. The GC is for future job and a person should have good faith intent to continue with sponsorer. Having said that, if a week or month or year later, a person decides to do something else (diffrent field, employer etc), isn't he/she allowed to exercise their choice. As a GC holder there are no restrictions. In fact a few days back someone had posted the info from CIS webpage about rights of perm. resident " To be employed in the United States at any legal work of your qualification and choosing." Literal meaning of this line is in accordance with dsatish's opinion.
For most of us nothing changes after the GC. we still go back to the same job and do the same thing. In fact after stamping, I went back to work right away. Had taken a 2 hr break in the work day from my boss. :)
 
Hi Joe,

I totally agree with the common sense principle behind staying put for 6 months or more before changing jobs.

What about situations if your company divests your group, declares bankruptcy, is not able to pay prevailing wages or you are let go within 6 months of becoming a LPR. What kind of proof one should retain to support these cases?

Thx,

Rjain
 
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