job after GC

[tammy2]

I thought my previous post is pretty clear, the six months may come from ac21, but it is not clear ac21 covers the period after GC granted. It doesn't make sense that if ac21 only apply before GC approval, but that is exactly what my lawyer told me - this is a very absurd situation. What we think logical or not doesnot matter!
Also GC is for "future" employment, so the arguemnt that after 140 approval one is free is wrong. This is why you see emplyment RFE right before 485 approval.

And that is reason Sheela Murthy argued to send AC-21 letter. If you do not get RFE, on the file you are not changing the employer. That may hurt at some later stages of post GC

 

[SunnyJ]

And that is reason Sheela Murthy argued to send AC-21 letter. If you do not get RFE, on the file you are not changing the employer. That may hurt at some later stages of post GC

Well thanks all for making this debate lively. I think someone ought to find out what is the citizenship criterion for Employment based permanent residents. I still doubt that there is a six month/one week/one year rule because you will have to consider the situations of lay-offs, disability etc. However, the notion of GC tied to specific employer is not right either as that was the Labor certification. The I140 is the immigrant worker approval applies and finally 485 is merely status adjustment from immigrant worker to permanent resident. So, a logical conclusion to establish intent, if that is in argument, becomes very ambigious. Bottomline: the economy, legal process has change 'alot' within the last few years...how one would be adjudicated during his/her citizenship remains still...'case by case'.

 

[sb_tiger]

Lot of people change jobs the very next day after GC. I am sure everyone is aware of such exmaples.
I am specifically aware of a freind who changed his job within 1-2 months of GC and subsequently got his citizenship without any issue.
If the intent of GC was to continue in the job for some specific period then would have made that as a rule- for the GC istelf rather than at the citizenship stage.
The intent of GC rule is no fraud. Changing jobs is not committing any fraud. You never state in any part of your GC application that you will work for the sponsor for any length of time. Employment is at will- the will is two sided. The employer can fire the employee and the employee can also quit at will.

 

[resolved1]

Bottom line

Sounds more and more like if you stay in the same line of work, there should be no problem after a decent interval (say 6 months). This might especially be true for people on EB1 (outstanding researcher) since they specifically get the Labor waiver based on their field of work.

 

[zyu]

I am not sure Mavishka is right in saying you could work for anybody or start a business after getting a GC through NIW, unless of course the new job or business has some relevance to the NI claim that one made in their petition. The US is admitting a person under NIW under the assumption that this person is going to be making contributions to the US economy in that field, right? So if a researcher doing cutting edge drug development starts a restaurant business a month after his GC approval, it does beat the whole point of NIW!
Although there is no written directive on this issue, to be on the safe side it might be better to have a job or business at least somewhat related to this field at least for a few months or a year after approval. Otherwise like someone else said, it will look suspicious. You never know the ways of the UCIS, they might decide to initiate a few random checks on NIW GC holders! It might become a issue during Naturalization, even though that's 5 years down the line, better to be safe than sorry!
silent

It seems that everything is based on speculation. any real example???
i agree technically cancelling a green card is possible if an applicant changes job or field right after GC. but is this risk real???
we face risk every day: when you walk on the street you can be hit by the car, why you fly the plane can crash .... we never worry about that because
the the risk is so small that we can forget it. i think for this change employer thing, same, the risk is so small (i did not say there is no risk) that we can forget it just like you don't need to worry when you walk on the street unless somebody can give me a real example that somebody's green card was cancelled simply because change of employer or field, i mean a real example not a hypothetical example.

 

[jvs1]

I am not sure Mavishka is right in saying you could work for anybody or start a business after getting a GC through NIW, unless of course the new job or business has some relevance to the NI claim that one made in their petition. The US is admitting a person under NIW under the assumption that this person is going to be making contributions to the US economy in that field, right? So if a researcher doing cutting edge drug development starts a restaurant business a month after his GC approval, it does beat the whole point of NIW!
Although there is no written directive on this issue, to be on the safe side it might be better to have a job or business at least somewhat related to this field at least for a few months or a year after approval. Otherwise like someone else said, it will look suspicious. You never know the ways of the UCIS, they might decide to initiate a few random checks on NIW GC holders! It might become a issue during Naturalization, even though that's 5 years down the line, better to be safe than sorry!
silent

I agree with zyu that there is a risk for everything we do. I know that we are given gc with some intention by uscis either for niw /eb1/ eb2 with LC. But I have never heard of any situation where action has been taken simply for changing jobs / resigning. I think that's why there are so many rfe's and transfers nowadays to make sure that they have not lost their jobs as they may not be able (or hard) to monitor a person after getting gc. At the time of naturalization I guess they will see how we were in all those years whether we are in same field or still contributing to us economy not simply whether he has changed employer. My guess is they may question at that time if we have changed field or working at a store (eg. walmart) all through those years after getting gc.

 

[rmdil99]

I agree with YES...absoultely you can work any damn company after GC (try to be in the same area/field).. staying 6months - 1 year is really BULL SHIT !!!

Please don't tell something which you don't know clearly ...

 

[zyu]

I agree with YES...absoultely you can work any damn company after GC (try to be in the same area/field).. staying 6months - 1 year is really BULL SHIT !!!

Please don't tell something which you don't know clearly ...

Absolutely agree. i even don't think one has to remain in the same field. e.g.
if someone gets GC thrugh NIW by doing research in shit, does that mean he has to study shit in the rest of his life???

 

[resolved1]

Yeah, I think people on this portal seem to be just too scared of USCIS. Remember, this is the same organization that allowed the 9-11 guys to hang around till they did damage. You think they will be worried about an innocuous thing like a job change? After all, you will still be contributing to the economy. Now if subterfuge is the new occupation, I can understand them showing some interest in withholding your naturalization papers. Other than that, take it easy and jump at the opportunity. You have been shackled to your current job too long. I think an average American holds his/her job for less than 2 yrs. So why worry?

 

[nkm-oct23]

I checked USCIS website for the AAO appeals cases for citizenship denials.
None of the denials are due to EB related GC.

 

[hidden_dragon]

You just found the secret But do we know what will happen in the future? nobody knows. So do what you have to do. Anything happens, find a good lawyer.

I checked USCIS website for the AAO appeals cases for citizenship denials.
None of the denials are due to EB related GC.