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I don't understand the argument of 'leaving the company after GC'
- Thread starter chinabee
- Start date
rummenigge
Registered Users (C)
what about CP
What about Counselor PRocessing, No I-485 involved. And the employer letter states the employer is continuing to hire the employee, nothing about the employee commit or intent to work
hipka said:Thats a good point, its not stated directly but implied when you file 485 and send a letter of support from your employer.
What about Counselor PRocessing, No I-485 involved. And the employer letter states the employer is continuing to hire the employee, nothing about the employee commit or intent to work
We always think about Software, Medicine or Research (Universities) Employment based GCs.
Lot of Drivers, Cooks, Road workers etc also getting GC. We cannot insist them to stick to the same job. A car driver may drive Trucks with another employer or buy his own car after his GC for better remuneration.
Will it be illegal?
When there is no single real case is visible, and when you are not sure, why don't you guys keep quite.
Only those worked for the sponser for a long time after thier GC trying to insist this. This is a kind of 'SADISM'. That is, I worked for a less pay with the GC Sponser after my GC, why not others?
Lot of Drivers, Cooks, Road workers etc also getting GC. We cannot insist them to stick to the same job. A car driver may drive Trucks with another employer or buy his own car after his GC for better remuneration.
Will it be illegal?
When there is no single real case is visible, and when you are not sure, why don't you guys keep quite.
Only those worked for the sponser for a long time after thier GC trying to insist this. This is a kind of 'SADISM'. That is, I worked for a less pay with the GC Sponser after my GC, why not others?
JoeF said:I would suggest that you don't mix in cases that have nothing to do with employment-based GCs.
If your employer didn't pay the required prevailing wage, why didn't you complain to the authorities?
Geez, this topic has been beaten to death.
You are mixing up without answering to the following...
Show a single case?
Also, you must be aware that most of us work for less before GC.
I am not talking about violating laws.
Don't you aware that H1B Guys get less salary than GC holders because of H1B sponsors sucks some % of money?-- I wonder if U don't.
It is apparent that you have never seen any practical case whose GC was revoked due to leaving employer soon. You are asking me to go to Lawyers always.
When you have not seen any practical cases unlike lawyers, who gave you the rights to write so much?
I accept that i have to shut up my mouth if i don't know law. However, it is applicable to you too.
Don't you aware that H1B Guys get less salary than GC holders because of H1B sponsors sucks some % of money?-- I wonder if U don't.
It is apparent that you have never seen any practical case whose GC was revoked due to leaving employer soon. You are asking me to go to Lawyers always.
When you have not seen any practical cases unlike lawyers, who gave you the rights to write so much?
I accept that i have to shut up my mouth if i don't know law. However, it is applicable to you too.
Fort_User said:Don't you aware that H1B Guys get less salary than GC holders because of H1B sponsors sucks some % of money?-- I wonder if U don't.
And DOL and CIS are cracking down those "sucking" sponsors slowly.
http://www.dol.gov/esa/media/press/whd/whdpressVB2.asp?pressdoc=chicago/20051909.xml
http://www.ice.gov/graphics/news/newsreleases/articles/060113newark.htm
http://murthy.com/news/n_spocom.html
Needless so mention that people who already got their GC from one of those companies are having sleepless nights, unfortunately.
Any naturalization problems yet: left employer <6 mos after GC?
The last post on this thread was in February 2006. Since then have there been any concrete cases of people who had trouble during their naturalization interview because they left the sponsoring employer <6 months after receiving GC?
Please post experiences / examples here for our information. I am still unclear as to what the USCIS policy is on this matter ever since AC21 went into effect. Thanks!
The last post on this thread was in February 2006. Since then have there been any concrete cases of people who had trouble during their naturalization interview because they left the sponsoring employer <6 months after receiving GC?
Please post experiences / examples here for our information. I am still unclear as to what the USCIS policy is on this matter ever since AC21 went into effect. Thanks!
Is this a fact?
Yeah, most lawyers said don't quit your GC sponsored company in less than 6 months after GC. As far as I know, there is no basis to this. I was wondering, what if, during the naturalize process, the officer said 7 months (or 10 months) is too short? If he/she thinks it has to be at least a year? Maybe 2 years?
No one can really claim a specific period of time to stay with the GC company. Not even the officer. In that case, how can someone claims that < 6 months is not OK? > 6 months is OK? When asked by the official during USC interview, no one would accept the unofficial statement made by immigration attorneys. Right?
Thanks,
bbli
Yeah, most lawyers said don't quit your GC sponsored company in less than 6 months after GC. As far as I know, there is no basis to this. I was wondering, what if, during the naturalize process, the officer said 7 months (or 10 months) is too short? If he/she thinks it has to be at least a year? Maybe 2 years?
No one can really claim a specific period of time to stay with the GC company. Not even the officer. In that case, how can someone claims that < 6 months is not OK? > 6 months is OK? When asked by the official during USC interview, no one would accept the unofficial statement made by immigration attorneys. Right?
Thanks,
bbli
deepa321bapat
Registered Users (C)
I also talked to a lawyer who hasa 30 year exp. and according to him if employer has no job fo you after GC approval then you don't have to worry. He also give an example of case where persone went to the door of employer after GC approval and employer said there is no job for hime due to ABC reason. INS reovoked the GC but later immigration court reverse the decison saying that if empoyee want to join and employer does not have a job then it is not a fault of employee.
Thanks,
Deepa
Thanks,
Deepa
Can I quit the job before derviative got approved? I've been working in that company for 8 years already (thanks for turtle-slow LC / RIR process). With PD August 2001, I just got approved this May but spouse not clear yet. He just got the fingerprint...Can I quit the job now? I think 8 years is enough for me stucking in this place...
TheRealCanadian
Volunteer Moderator
Can I quit the job before derviative got approved?
The status of derivative applicants doesn't matter. Their GCs are tied to the primary applicant being a permanent resident, not the applicant's sponsor.
Thank you for your quick response, TheRealCanadian. I am not sure if I should post it here but I have another question -
My company is not going to pay me prevailing wage even they signed on the employment letter. Will this cause me any problem in future? Or this can be my good reason to quit the job?
My company is not going to pay me prevailing wage even they signed on the employment letter. Will this cause me any problem in future? Or this can be my good reason to quit the job?
Jackolantern
Registered Users (C)
But the card still got revoked, forcing that person to expend time and money and stress to go through the appeal. You're better off if you can put yourself in a position where you don't have to appeal in the first place.I also talked to a lawyer who hasa 30 year exp. and according to him if employer has no job fo you after GC approval then you don't have to worry. He also give an example of case where persone went to the door of employer after GC approval and employer said there is no job for hime due to ABC reason. INS reovoked the GC but later immigration court reverse the decison saying that if empoyee want to join and employer does not have a job then it is not a fault of employee.
Please show us court case.I also talked to a lawyer who hasa 30 year exp. and according to him if employer has no job fo you after GC approval then you don't have to worry. He also give an example of case where persone went to the door of employer after GC approval and employer said there is no job for hime due to ABC reason. INS reovoked the GC but later immigration court reverse the decison saying that if empoyee want to join and employer does not have a job then it is not a fault of employee.
pianoplayer
Registered Users (C)
Hmm, i don't quite buy your arguement. I think the intent is the company wants to retain my service permanently, not i want to work for them permanently. I have never signed anything that indicates my permanent intent, have I?
This was hilarious! I nearly spewed coffee all over my computer monitor! Thanks for the entertainment.
pianoplayer
Registered Users (C)
Can you point a link to the actual case? I cannot believe that. Not i want the citizenship so much, but if anybody commits a crime, he/she would departed then as per this case.
Why should people do your research for you? You are the one who asked the question and then you get irrate when people do not research for you.
Cases rescinding citizenship are extremely rare, but they DO exist. I have discovered them through research in the past. So can you. If you can't, I can point you to someone in my intended profession who will help you for a fee.
rchristopherril
New Member
Can I quit the job before derviative got approved? I've been working in that company for 8 years already (thanks for turtle-slow LC / RIR process). With PD August 2001, I just got approved this May but spouse not clear yet. He just got the fingerprint...Can I quit the job now? I think 8 years is enough for me stucking in this place...
You can use AC 21 to change employer?
Is it 6 months after I-485 filing or after receiving GC?
Does anyone know if the 6 month rule of thumb is for 6 months after the I-485 filing or after the receipt of the GC? The AC21 rule kicks in after the filing of the I-485 application. Are we talking about the same rule?
Does anyone know if the 6 month rule of thumb is for 6 months after the I-485 filing or after the receipt of the GC? The AC21 rule kicks in after the filing of the I-485 application. Are we talking about the same rule?
Jackolantern
Registered Users (C)
The 6 month rule after I-485 filing is a black and white rule written into law. The 6 month "rule of thumb" for staying after green card approval is a different thing and is just a rule of thumb.
However, the green card is for future employment, and by filing the I-485 you are declaring your intent to work for the sponsoring employer after the green card, for a "permanent" length of time. Leaving too soon (whatever in the world is the definition of "too soon") after green card approval is an indicator that the intent to work permanently was not there.
Of course, in an employment context nobody reasonably interprets "permanent" to mean lifelong. I think the 6 month "rule of thumb" is derived from the 6 months (actually 180 days, to be exact) of the actual AC21 rule .... by passing AC21 into law, Congress has acknowledged that employment intentions can change in 6 months without fraud or misrepresentation. So if it is legitimate to leave the employer after 180 days since filing the I-485, it would not make sense for something to be wrong with leaving after 180 days since I-485 approval.
But if 180 days post-approval is safe, what about 150? 120? 90? And is 180 days post-approval really safe anyway? Until there is a court case or regulation to clarify it, we won't know when is the exact point that changing jobs post-approval becomes safe. So we just have to evaluate our own situation and decide the balance of risk vs. reward when we take action (or inaction).
However, the green card is for future employment, and by filing the I-485 you are declaring your intent to work for the sponsoring employer after the green card, for a "permanent" length of time. Leaving too soon (whatever in the world is the definition of "too soon") after green card approval is an indicator that the intent to work permanently was not there.
Of course, in an employment context nobody reasonably interprets "permanent" to mean lifelong. I think the 6 month "rule of thumb" is derived from the 6 months (actually 180 days, to be exact) of the actual AC21 rule .... by passing AC21 into law, Congress has acknowledged that employment intentions can change in 6 months without fraud or misrepresentation. So if it is legitimate to leave the employer after 180 days since filing the I-485, it would not make sense for something to be wrong with leaving after 180 days since I-485 approval.
But if 180 days post-approval is safe, what about 150? 120? 90? And is 180 days post-approval really safe anyway? Until there is a court case or regulation to clarify it, we won't know when is the exact point that changing jobs post-approval becomes safe. So we just have to evaluate our own situation and decide the balance of risk vs. reward when we take action (or inaction).
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