How safe is it to join an other company immly after you get you GC?

G

gcinfeb02

Registered Users (C)
RD: Feb 14th (EAC-02-130)
I have a very good offer and had to join that company in November. I have seen some Feb cases got approved and keeping that in mind how safe is it to join the other company. Are there any particular rules that we cannot join other company immly after your approval ? Confused... need some help ... Can Lawyers help me here ?
 
I am not a lawyer but here is my opinion :
GreenCard is not issued to you conditionally . It does not say that this is valid only as long as you work for your sponsoring employer. So
you are not breaking any law if you change the company. So don't worry. Golden rule : If something is not written in law books, then it can not be enforced.
 
Though not related to your inquiry, I can't help but ask this: How come your RD is the same as mine, but we have different first 5 digit of the EAC #? Mine is EAC-02-128.

Anyway, I am also looking for another job and wanting to transfer to midwest. Hopefully, we'll get our greencard by fall. Well you'll never know.
 
My opinion

Firstly AJ021402 : EAC is related to ND not RD

It depends on your sponsoring company. If they feel that you left them as soon as u got the GC and if they complain, then the BCIS can make a case stating you didnt have the idea of working permanently for the company and then cancel your GC. Usually they suggest 6 months to an year with the same company. I know people who switched within 1 month. It depends on your case. If you think that your company wont complain there shouldnt be a problem.
 
Adding to the last posting there is common belief that BCIS might review post approval employment history at the time of citizenship if the LPR wishes to be naturalised in future. At that time if one quits the sponsoring company too soon ( the definition of soon is vague - 6 months is a rule of thumb) - that might show intent not to stay with the sponsoring employee and might be ground for frauds in obtaining GC. This is what the lawyer's advise in general - I of course do not personally know someone whose GC has been revoked on this ground. But I personally would play it safe with BCIS - even if they do not always implement the rules - rules are rules.
 
How does AC21 affect this?....

In light of the AC21 rule, one could always make a case that the person had an intent to work for that employer for roughly 12 months but becuase of the delay in processing he/she had to quit right after the GC?.....

I fail to understand if somebody can voluntatrily quit his sponsoring employer before approval and invoke AC 21 but not for 6 months after the approval.....I personally feel that if one can prove that he is not a liability to the state( Public Charge) he should be good to go...

Any insights?......
 
AC-21 is very speciffic that it applies to only 485 pending applications. I think the intent when AC-21 was signed was that BCIS was supposed to adjudicate the applications in 6 months ( practically unthinkable) and in case of failure to do so - the applicant will have some flexibility. AC-21 says absolutely nothing what an applicant may do after he/she gets his/her approval.

I see your point that AC-21 should be able to cover this issue - but as the full explanation of AC-21 never came out in almost 3 years - it is very much succeptable to personal interpretation of particular adjudicating officer. Though this has might sometime worked in favour of the applicant - pushing the envelop too much may not be a good idea.
 
I think

AC21 was to help people whose jobs were pretty shaky. I am guessing that the INS wanted to be a little lenient with people who worked in companys that didnt last too long. Judging from a 'similar job' clause I think it was meant to give the people a 'fair' chance rather than to give them a ticket to pursue any career they chose.
 
I had the same problem, and my lawyer's interpretation of AC-21 implications is:

1 - Employment Based GC's assume you are going to work for the sponsor company on a permanent basis (but permanent does not mean perpetual - hence the 6~8 months safe net)
2 - AC-21 portability applies to the I-485 application, but is does not change the "spirit" of the law (whatever that means :). therefore, you are supposed to work for the company you are employed AT THE GC APPROVAL TIME, as this is your new sponsor company.
3 – Changing employers just after the GC application is in clear violation of the law, and will certainly backfire on you if you ever apply for citizenship.

Her recommendation was to change employers before the GC is approved.

Another good option is to ask your current employer to fire you just after the GC is approved, but you must have a very good relationship with your company.
 
Change before approval

My recommendation is change before your approval. Whatever the law (intent to work for the employer etc) does not seem to apply in the waiting period. Whether it may affect in the future, I don't know.

If you have better offer, keep the offer letter and your company's employment letter just in case you need to prove that you had to move for better opportunity!! (if you get laid off, its lot better! all you have to show is the pink slip)
 
I could not but agree to the suggestions change before approval.
Just one point to remember though. AC-21 imposes the condition that the job needs to be similar position and salry as described in your labour certification. After you get GC - there is no restrictions at all if you are in IT - you can still take up an admin job with better salary. Of course - after you get GC - you would need to show your intent to stay with your employer. Looks like best scenario is you have a great job offer as soon as you get your stamping done and then immediately you are fired by your sponsoring employer. Not sure if this will practically happen too often.

We can try to show you all pros and cons - hopefully these will make you take your decision.
 
Originally posted by abhi_01201
I could not but agree to the suggestions change before approval.
Just one point to remember though. AC-21 imposes the condition that the job needs to be similar position and salry as described in your labour certification. After you get GC - there is no restrictions at all if you are in IT - you can still take up an admin job with better salary. Of course - after you get GC - you would need to show your intent to stay with your employer. Looks like best scenario is you have a great job offer as soon as you get your stamping done and then immediately you are fired by your sponsoring employer. Not sure if this will practically happen too often.

We can try to show you all pros and cons - hopefully these will make you take your decision.
Click to expand...

abhi_01201,

Does that mean that, after getting GC (ofcourse, after 6 months), we can change the jobs without caring much about 'same' or 'similar' responsibilities?
 
You should - there is no restriction as far as work is concerned for a lawful permanent resident. You might face a question or two at the citizenship stage ( say that you got the GC as an IT guy but after that you went to law school and now you are a successful lawyer) - but to my knowledge that is not illegal with current immigration laws.
 
guys..

I got approved in March and i have changed my jobs twice since then.:) I had also left my employer well b4 i got my GC. So, the intent is long lost somewhere. If you got to do some things, you got to do it. No use in worrying abt the consequences during citizenship. I know my 2 cents is really not going to answer any of your questions. But i am a living example of an unfaithful employee.:D (if you want to put it that way).
But, i can never imagine switching my field now. So, i am still covered under AC21.:D
 
Roran

Forgot to ask before - did you get a job near to your home? Hopefully you will not have to drive a lot in snow next winter.
 
Originally posted by abhi_01201
Roran

Forgot to ask before - did you get a job near to your home? Hopefully you will not have to drive a lot in snow next winter.
Click to expand...


Yes, i did. On a softer note, can you use PM for posting q's of this kind, instead of this board? It's a lot cleaner.:) and helps too. Thanks.
 
Changed job

I changed job a month before approval (and just a week after I received RFE). But I got laid off, so (I think) I am in a better position to answer any questions later!!

I should have changed long before. Atleast it would have saved all those times that I spent worrying!
 
abihi, how about this

I accepted the job offer before my GC approval but just before the day I started the new job, the case was approved (online message).

How do you define the approval date for AC21? The date of the online message change or the approval letter received date?

My lawyer (she is a very conservative one) was hard to believe that even you can change your job b4 GC why not after? (it's no sense you got more restriction after you have GC!). Since it's more unmorally changing your employer before GC than changing after GC.

According to her, if you don't sign any agreement with your employer (GC binding), you'll be fine.

Good Luck.
 
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