I-485 Approved. Can I change my employer now?

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desizone

Registered Users (C)
Dear Gurus/Members,

My I-485 (ND: 07/22/2002, EB3) has been approved last week. I have been working on client site (almost 3 1/2 years) since I joined with my employer. Now my client company is giving me options either to join as a permanent employee or leave the company. They are trying to cut down all contractors by end of September 04. If I don't join my clinet company then I have to leave the job and look for other job. My employer is not going to pay me while I'm in bench.

Is it possible to join client company since my I-485 has been approved now? I heard it will be better if I stick with my employer for another six months, but I don't have options.

Please give me some advice. Thank you all.
 
It should not be problem for now but later when you apply for citizenship you need to explain?

What do you guys think?
 
You will never hear a unanimous answer for this because the law does not talk about how many months you have to continue with the sponsoring employe. It only says that the applicant should have an intention to work for the sponsoring employer. I would take my chances and kiss good bye to the sponsor after 1 month. Ofcourse when i apply for citizenship, i will have a ready answer and i will be prepared to fight them (INS) in the appeals court if they deny my application. So stop worrying and grab the lucky chance and enjoy. I have started looking for full time jobs, but it looks to be a tough battle ahead.
 
Change jobs and keep a record of why you did.

*Your* intent was is keep your job. Circumstances beyond your control are forcing you to leave.

If the client company has told you that your contract is over, and your employer has told you they have no work for you. Then you have no choice, accepting a new job is better than unemployment.

If you keep a proper paper trail. Print the e-mails and make notes of telephone conversations and file them away. You can use the paper trail if it ever comes up.
 
I was also wondering about this question but have no clear answers.
I guess there won't be many actual cases for this in this forum. Maybe someone would have heard of such an issue..

I was thinking of waiting atleast 3 months before planning a move. I also talked to a para-legal and as per her there should be no problem but she is not sure :confused: .
 
desizone said:
Dear Gurus/Members,

My I-485 (ND: 07/22/2002, EB3) has been approved last week. I have been working on client site (almost 3 1/2 years) since I joined with my employer. Now my client company is giving me options either to join as a permanent employee or leave the company. They are trying to cut down all contractors by end of September 04. If I don't join my clinet company then I have to leave the job and look for other job. My employer is not going to pay me while I'm in bench.

Is it possible to join client company since my I-485 has been approved now? I heard it will be better if I stick with my employer for another six months, but I don't have options.

Please give me some advice. Thank you all.
Click to expand...
Congrats.

U could for now tell the client company to end the contract. After which once ur employer doesn't pay u could then resign without consquences as ur employer didn't pay u.
 
I would say join the client, and also you have a valid point for future - Your company doesn't pay you on bench.

Don't think second time.
 
san_1 said:
I was also wondering about this question but have no clear answers.
I guess there won't be many actual cases for this in this forum. Maybe someone would have heard of such an issue..

I was thinking of waiting atleast 3 months before planning a move. I also talked to a para-legal and as per her there should be no problem but she is not sure :confused: .
Click to expand...

In my opinion, 3 months is a safe enough period (for those who want to play safe). A person's decision should depend on his personal financial situation, current salary and prospective salary. The worse the situation, the more a person is likely to leave the sponsoring employer earlier. The better the current situation, the later a person leaves his company.
To explain it a little more, if you have made good money in the past few years and if your current salary is not bad, then you better continue with the sponsor for at least 3 months. On the other hand, if you haven't made much money, and your new job will fetch you at least 15K more than the current job, then you might be tempted to leave the sponsoring employer within 1 or 2 months.
At the time of citizenship, we can reply (if they question) that the employer is not paying you when you are out of contract and that's why you have left him. Also you can say that he is not providing you the right opportunities. That's all. You shouldeb fine. Even if they reject the citizenship application, i am sure that you can win the battle in the appeals court. After all, they can't force us to work for salaries that were mentioned in the LC about 4 years back. The whole problem is due to the delays on the part of INS.
 
It always puzzles me to think -- "how come people who changed job before their GC approval(using AC21 and did'nt inform INS, some on their own and some on the advise of their Lawyer) never raise this question." Would they not run into the same issue ?

Also how does BCIS find out that you did'nt work for your sponsoring employer ? Do we have to attach any documents during the citizenship application to prove that you worked for sponsoring employer after your GC approval.
 
dsatish said:
You will never hear a unanimous answer for this because the law does not talk about how many months you have to continue with the sponsoring employe. It only says that the applicant should have an intention to work for the sponsoring employer. I would take my chances and kiss good bye to the sponsor after 1 month. Ofcourse when i apply for citizenship, i will have a ready answer and i will be prepared to fight them (INS) in the appeals court if they deny my application. So stop worrying and grab the lucky chance and enjoy. I have started looking for full time jobs, but it looks to be a tough battle ahead.
Click to expand...

when you apply for citizenship your are only required to list your employers in the past 5 years. if you apply for citizenship say, 8 years, after your get your GC, how could cis figure out how soon you change employer after GC? if you go to "life after GC" forum there are a lot of discussions on this. i never heard that people's GC are cancelled because they change employer AFTER GC. so i guess the risk probably only exists theoretically. but if i get my GC, i will stay w/ my employer for some time. after all, we spend years to get the card, why not staying w/ the employer for some additional time?
 
desizone - change your job

Tell your contract company to kiss their a** and wave goodbye and move to a permanent job. I changed jobs 2 months before I got my approval. Nothing happened.
 
best way!`

Ask your counsulting employer to terminate you. That way you demostrate your intent to work till the company itself let you go. And then your are free to work as you like.
 
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