I don't understand the argument of 'leaving the company after GC'

If/when it goes to court, my bet is on the following interpretation:

The latest of:

a) 180 days after filing the I-485
b) 180 days after the latest AC21 job change, if any
c) 180 days after green card approval, if you never worked for the sponsoring employer since filing the I-485.
 
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Dear gurus,

I recently got the "Card ordered for production" e-mail on November 29th 2007 (waiting for physical card). Please see my signature for full details. I appreciate your valuable input on the following:

My scenario is as follows:
a) Company A applied for I-485 (I-140 & LC) - Receipt date for I-485 is June 1st 2006
b) Joined Company B in April 2007 so quit Company A in April 2007 (using AC21 clause, but I did not apply for this with USCIS). This is a consulting/contracting opportunity at a client site (Company C). Got GC on November 2007.
c) Now Company C is offering a full time employment (offer is contingent upon immediate joining & no wait time)

Thats it, I think I laid down all my cards on the table for your opinion. If this is the wrong thread, please redirect me to the appropriate one. Thank you for your time.

Cheers.
 
mdlbr20020531 said:
Dear gurus,

I recently got the "Card ordered for production" e-mail on November 29th 2007 (waiting for physical card). Please see my signature for full details. I appreciate your valuable input on the following:

My scenario is as follows:
a) Company A applied for I-485 (I-140 & LC) - Receipt date for I-485 is June 1st 2006
b) Joined Company B in April 2007 so quit Company A in April 2007 (using AC21 clause, but I did not apply for this with USCIS). This is a consulting/contracting opportunity at a client site (Company C). Got GC on November 2007.
c) Now Company C is offering a full time employment (offer is contingent upon immediate joining & no wait time)

Thats it, I think I laid down all my cards on the table for your opinion. If this is the wrong thread, please redirect me to the appropriate one. Thank you for your time.

Cheers.
Click to expand...

You are good to go.
Change before you get the GC.

neo
 
Consider this hypothetical situation:
John Doe has been working for a company for the past 5 years on a temporary work visa. The company sponsored his GC.
John honestly has intention to continue working for the same company after getting the GC. He currently draws $100K per annum plus benefits. Life is good.
John got GC on 12/1/2007.
Another company offers him a job on 12/2/2007 with $200K per annum plus benefits.
(John did not apply; word of mouth good rap got him this offer.)

Considering all jobs in US are "at will" of both the employee and employer;
also considering that John did not intend to leave the first job after getting GC.
But now he has such an exceptional offer that he can't refuse, he quits the $100K job and joins the $200K job.
Will he be in trouble?

(I personally think "that working for 6 months after GC establishes intent" is BS rule of thumb. Infact it shows that one was just waiting for the 6 months to end and it shows intent to leave the sponsor at the first opportunity. But what I think does not matter with the USCIS.)
 
chitti007 said:
Considering all jobs in US are "at will" of both the employee and employer;
also considering that John did not intend to leave the first job after getting GC.
But now he has such an exceptional offer that he can't refuse, he quits the $100K job and joins the $200K job.
Will he be in trouble?
Click to expand...
I figure he'd be in trouble but be able to defend himself successfully if he can prove the unexpected and unsolicited nature of the job opportunity. Especially if he already worked for the company for 6 months since filing the I-485. But until there is a court case, who really knows?
I personally think "that working for 6 months after GC establishes intent" is BS rule of thumb.
Click to expand...
Almost any law based on intent is BS. And almost the whole immigration system is BS. If the BS is to be removed from it, the job or job offer would merely be a requirement to prove that your skills are wanted by the US economy, and the process would not be so employer-centric.

But as long as we're swimming in BS, we can at least try to figure out what it takes to stop us from sinking and drowning in it. By passing AC21, Congress is apparently satisfied that intentions can legitimately change in 6 months. Yes, they know that there will be some people who were just waiting for the 6 months to end, but they also realize that it is an at-will employment country and that honest people can have legitimate reasons to change their intent over time. So they set 6 months as a reasonable compromise between 1 day and forever, and if 6 months after filing the I-485 establishes intent for poeple who change jobs before getting the green card, 6 months after the GC should be enough (and may be more than enough, for people who already worked 6 months since filing the I-485) to show intent of what you planned to do after receiving the green card.

But again, who really knows anything, until there is a court case? It is like walking into an unexplored forest where nobody knows if there are bears or poisonous snakes or other predators lurking in it. One can either wait for the forest to be explored by the experts before entering it (i.e. wait for a court case), or take your chances and venture into the unknown.
 
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Hmmmm ! still not sure

FYI, received cards in Dec 1st week. Offer from company C is not in hand yet for me to make my decision.

Received a very diplomatic letter from Attorney's office that they are very happy that they have successfully assisted me with my GC processing. Any further questions will gladly entertained with additional fees :) of course.

Thank you all for your suggestions.

Still undecided my next steps but here is another link on same topic

http://www.murthy.com/news/uk485cas.html

Cheers,
mdlbr20020531
 
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