how long...

sickofit

Registered Users (C)
Any ideas ;

Is there a rule of thumb regarding time to elapse before resigning if one has obtained approval?

I have heard many different opinions, some go so far as to say that a year is reasonable otherwise the GC can be 'revoked'?
 
I have asked the same thing here a couple of times. The general answer seems to be that if you are going for citizenship (which I am not) then generally you want to stay for at least 6 months.

A few people have said that even 6 months is not necessary.

I am in a different situation - my co. asks for legal fee reimbursement if I leave within two years...I'm hoping that's negotiable though.

Hope that helps a little.
 
Non Sense

There is no rule of thumb regarding this. Any fears of problems at Citizenship interview are meaningless. You can quit immediately after getting the GC. You are not violating any rules. As a greencard holder you can choose your own career. Most of the attorneys advise you to stick to the company for atleast 6 months because typically attorneys side with the employers and not with us.
 
Re: Non Sense

The GC was granted on the assumption that you intended to work for your sponsor permanently after the GC was granted .
This means that at the time of becoming a GC holder, you did not have any intention to change jobs. Now, how does one go about proving his intent, as it is hard to read his mind.
Normally, 6 months is a safe period to demonstrate that you did intend to work for the company.

This issue might come up when your employment history is checked during citizenship application processing, or your employer complains to the USCIS.

Originally posted by dsatish
There is no rule of thumb regarding this. Any fears of problems at Citizenship interview are meaningless. You can quit immediately after getting the GC. You are not violating any rules. As a greencard holder you can choose your own career. Most of the attorneys advise you to stick to the company for atleast 6 months because typically attorneys side with the employers and not with us.
 
A different ball game with AC21

I think with AC21 in effect, it doesn't matter if one changes employer as soon as approval, or 185 days after I-485 filing, as long as the job nature and salary is commensurate to that listed in the labor application of the approved GC.

This is what I heard from my attorney and it makes total sense.
 
Why are we so simple and law abiding people?

Why can't we just be careless about all these things... Why do we have to feel these pains........... Specially When there are 8 Million illegal immigrants in this country reaping all kinds benefits!!! One fine day they'll all be offered amnesty....

And we keep thinking about the possible problems - during GC - after GC - after 5 years - for citizenship!

I wish we all get that thick skin!!! Life will be much peaceful!
 
Sai is right. A GC job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if we worked for the sponsoring employer for several years while ongoing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period.

Whether we can be careless or not varies from person to person.
 
I have another similar question. How long before one can move to another state?

This may not be an issue but I was curious because labor certification is dependent upon job and location.

Any thoughts?
 
If your employer is okay

you can leave anytime you want. If they complain then it might cause some problems. 6 - 12 months is pretty good. I have known people who switched within 2 months and had no problems with their citizenship.

- Maari
 
I know many people who have quit their company within 1 month of getting GC. None of their companies filed any case (who would file a case which he knows that he is going to lose :p). I am sure that all those companies are sore about their bread earning employee leaving them. So it's not a matter of your relationship with your company. It's just your state of mind. A greencard holder has a right to choose his job. Yes, that right starts the day you get your GC. Every company knows that.
 
If the employer is displeased, he can scr**w your happiness.
Seek advice / info. from as many sources as you can, and then use your judgement. After all you know your situation best. I would suggest leaving on very good terms if you have to....
 
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