How soon can we leave our GC employer ?

When you can leave your employer after 6 months of filing I-485 and also before your GC gets approved (using AC-21) then why can't you leave when your GC is approved ??

I'm so ready to join my client who has offered me a very good position. I guess now is the time I just take it.


GC Approved 06/21....
 
If you have filed AC21 prior to GC and you continue with your AC21 employer, you are totaly fine.
 
Guys for the 100th time I'm repeating that AC-21 is not any form that you can file. It is a law that covers many thins and job portability is a small portion in that law.
Lot of people changed jobs (me including) and never filed/informed USCIS and got approved. So in this case where does the question arise about staying with GC employer for 6 months.


With this kind of attitude people will never get the so called freedom they desire. Until GC is approved they were worrying when will GC be approved so that they can get their freedom(I don't know what so called freedom means). Now they start worrying about how long to stay with their employer after GC. Next 5 years they will worry whether thay will get get citizenship since they have moved too early. Some people never change until they dying worrying all their life.
 
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abc3:

You are right. It is human nature to continue to worry. Some people are better off and are happy-go-lucky type and you are one. And I wish I could be that way too but can not on immigration matters.

Purely from legal standpoint, after GC approval you should go work for sponsoring employer, if not already. However if you invoked (not quite "filed") AC21 and communicated to CIS, you are fine and covered under the law that you ported to a same or similar occupation job. However, if at the time of Naturalization (chances are extremely rare, but do exist), CIS can check if you worked for your GC spoonsoring employer after all or not and if not, may be grounds for invocation of permanent resident status.

I am in similar situation. My GC was approved a few weeks ago and after consulting with a team of lawyers from my side and my wife's, I have submitted my resignation to an excellent full time, extremly well paid position with a Fortune 10 company.

Its your decision at the end and your risk taking capabilities.

Sun
 
slowgc said:
What if the employer gets pissed off and complains to USCIS? Can they claim, you had fraudulent intention if you leave within 6 months?
Click to expand...

How about this argument: you can claim that you had the intention to work for the employer when you filed GC, 4-5 years ago. At the time of filing, UCIS estimated time for approval was 600-700 days. You probably stayed with employer 1000+ days with the intention of working for sponoring employer, however USCIS did not approve the greencard as per their estimate.
 
If anything was written in the laws about a definite preiod or if there was a diefinitive answer on this we would have already come to know about this on these forumn long back as these forumns are quite informative. Since there is nothing concrete on the timelines nobody knows much about this. So people invented this 6 months time line as deemed to be safe.
So for the people worrying about this, if you have waited for 5+ years, waiting another 6 months wouldn't do you any harm unless your job is in trouble now and have some issues with your job or current employer.

Has anybody heard about a case that was questioned during citizenship because of this issue. If there a case like that that would give us some good insights.
 
sotiredofwaiting said:
I disagree. I've lived too long on Earth to believe in logic and justice.
I can easily imagine a situation when they kick you out of the country for not working for a sponsor and give a GC to an illegal who lived illegally for 10 years here.
The sooner you quit believing in justice, the more disappointments you will avoid.
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well said!
 
I think some of you are providing incorrect information. If you have moved to a same/similar job before approval, you SHOULD notify CIS. If you have not notified, that is clearly violation of law. It doesn't matter how many years you have worked before approval. GC is about future employment.

For those still working with GC employer, the general opinion seems to be that we should work at least 6 months. I had a chance to ask Murthy this question when i consulted with her. She said, at least 6 months, 1 year is good.

All that said, I have no clue how thoroughly they check the citizenship applications. It really depends on individuals risk aversion. I know few people who moved before approval and never notified. They really don't care about citizenship, at least, that is what they say for now.
 
On the same subject, what happens if the employer lays off the GC holder right after they get the GC? Are they in violation? It is the same thing on the other side, right?
 
Ironically, getting laid off after GC approval is good news:)

I think it is good to have some sort of documentation.

Get the perfect job you always wanted and enjoy your life!
 
LOL, yes. I have been in the current company for 6 years now. Thats a decade for a technology employee and considered being lazy to look around. I am working on my resume now and might just leave within 2 months...
 
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