job after GC
- Thread starter jvs1
- Start date
And what is the source for such verdict? Did anyone actually become a citizen from this site to validate that he/she actually was asked to provide documents for that specific intention? Has anyone denied citizenship because he/she left the company after 3 months? any known cases?
It's absolutely ridiculous that they have any such stipulation. First and foremost, they tie you to a job you may not particularly like in the first place, by delaying your processing for years. Over and above that, if they have the gall to tell you to stay put, I would feel like that person from "I am a fugitive from a chain gang" where the future is dark and there is no escaping the chains that bind you to your employer. I doubt they really enforce any such law if it exists.
hidden_dragon
Registered Users (C)
Totally agree. But my lawyer says best staying a year after GC. Murthy said 6 months is minimum at her forum. But it may change. This is a loop whole not covered by ac21.
i think it is ridiculous if the rules before GC approval apply to after GC. say, if we got GC through labor, this will imply that we can not get promotion, significant salary change, change job duties even after GC!!!
otherwise it will be regarded as a fraud???
i don't think CIS would be that pragmatic. most people are concerned that CIS may investigate fraud during naturalization process. but do you think it is realistic for CIS to investigate a GC approved 7-8 years ago with millions of naturalization applications sitting behind their ass???
Nope. not that common. unless you end up in some serious crime or something like that.
Earlier, I was just quoting some points i read from Murthy's. The best bet is to continue with the same employer (if possible) for atleast 6 months once you get your GC and then move on.
Earlier, I was just quoting some points i read from Murthy's. The best bet is to continue with the same employer (if possible) for atleast 6 months once you get your GC and then move on.
I hope somebody can explain this better.
ok...this is what i know. You are given GC based on a bonafide job offer. When you say that you may change job before getting GC, your GC will be based on that new job. In effect US govt grants you the GC based on your statement that there is a job offer for you and that you are going to continue in that job 'permanently'. It doesnt matter if its your old job or new job.
Based on all those facts, you are granted the GC. Now dont you think its logical that the US govt expects you to remain in that job atleast for some time. If you dont continue or join the job that you stated in your application, its natural for them to be suspicious of 'intended fraud'.
Hope i was clear.
ok...this is what i know. You are given GC based on a bonafide job offer. When you say that you may change job before getting GC, your GC will be based on that new job. In effect US govt grants you the GC based on your statement that there is a job offer for you and that you are going to continue in that job 'permanently'. It doesnt matter if its your old job or new job.
Based on all those facts, you are granted the GC. Now dont you think its logical that the US govt expects you to remain in that job atleast for some time. If you dont continue or join the job that you stated in your application, its natural for them to be suspicious of 'intended fraud'.
Hope i was clear.
hidden_dragon
Registered Users (C)
AC 21 portability applies only for people wainting for GC. After you got the GC, it doesnot apply(some believe it does). Of course you can chnage your job and even your career, however, if you left the employer who sponsored your GC too fast (say next day), they can suspect your GC is fraud. Hence there is a timeline for what is consider to be safe to leave the sponsoring employer. Murthy mentioned at least 6 months. My lawyer said better about a year. I also heard a month is fine.
I also heard there is never a GC revoked because of this, but it doesn't mean the policy will not change.
My guts feelings is do it if you have to. This a grey area of law. In case it become an issue during naturalization, find a good laywer.
AC21 does not apply to people after getting GC because they don't need that type of relief
. Before AC21, people were not allowed to change job TILL THEY GET GC. But people always had the liberty to work for any company after they get the GC. So forget about all the silly worries and stupid advises of selfish lawyers who give the advise to suit their clients (companies) not us. IF YOU HAVE A GC, YOU CAN WORK FOR ANY COMPANY, ONE SECOND AFTER GETTING THE GC. PERIOD.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
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
Immigration(GC) is I-140 not 485
When I-140 is approved. Technically your Immigration application (or GC)
is approved. The 485 is there because they want to contol the pace
of actually giving out GC cards. Therefore, technically, if your application has
to be tied to one "employer", it should be the one who sponsored your
I-140 application, not the exployer that you work for when your get the
GC card.
Just a logic, don't know rules...
When I-140 is approved. Technically your Immigration application (or GC)
is approved. The 485 is there because they want to contol the pace
of actually giving out GC cards. Therefore, technically, if your application has
to be tied to one "employer", it should be the one who sponsored your
I-140 application, not the exployer that you work for when your get the
GC card.
Just a logic, don't know rules...
In practicality , that is not true. If that was the case, anybody who gets his I140 approved would be breaking champagne bottles and flying off to Aruba. j/k...
Theoretically, you are right. You shud be tied to the employer who sponsored your I140.
AC21 was framed taking into consideration the huge delay that was happening at the time for approvals. And it is a law that has been proved in advantageous to the applicants. I guess we have the obligation to abide by it and stay in the job after getting the GC (atleast for a brief period).
Theoretically, you are right. You shud be tied to the employer who sponsored your I140.
AC21 was framed taking into consideration the huge delay that was happening at the time for approvals. And it is a law that has been proved in advantageous to the applicants. I guess we have the obligation to abide by it and stay in the job after getting the GC (atleast for a brief period).
I posted this comment previously in another forum
I know a person who changed job just one month after approving his I-485, around two years back. There was no AC-21 system at that time. Now with the AC-21 law a lot of people changes job before the approval of their GC. Many of them even don't tell CIS about their job change unless requested by CIS (through RFE). I even know people who changed their job just a week or two before their I-485 approval.
The inherent idea and spirit of the AC-21 law is to give people freedom to change job in this volatile market after six months of applying I-485. Providing they are working on a same or similar type of job. When a person applying for I-485 through a firm the intention is to work there for indefinitely. However due to the volatile situation AC-21 allows you to move freely.
With the same spirit a person should be allowed to change job after the approval of I-485. Though the intention is to stay in the job indefinitely, the situation could be changed after six months, four months or even after a month. If a person committed fraud by switing jod after the approval of the GC then why it will not be fraud to change job six months after the application of I-485. If AC-21 law would say that people are only allowed to change job six months after applying their I-485 if and only if they laid off from their sponsoring company then it would make a lot of sense. But Ac-21 gives certificate to any I-485 applicant to change job provided it is a similar job. then with the same spirit it should be ok to change job after the approval of their GC.
I would say many people talk about six months waiting (after GC approval) time which came from the six months waiting period (after applying for I-485) on the AC-21 law.
M
I know a person who changed job just one month after approving his I-485, around two years back. There was no AC-21 system at that time. Now with the AC-21 law a lot of people changes job before the approval of their GC. Many of them even don't tell CIS about their job change unless requested by CIS (through RFE). I even know people who changed their job just a week or two before their I-485 approval.
The inherent idea and spirit of the AC-21 law is to give people freedom to change job in this volatile market after six months of applying I-485. Providing they are working on a same or similar type of job. When a person applying for I-485 through a firm the intention is to work there for indefinitely. However due to the volatile situation AC-21 allows you to move freely.
With the same spirit a person should be allowed to change job after the approval of I-485. Though the intention is to stay in the job indefinitely, the situation could be changed after six months, four months or even after a month. If a person committed fraud by switing jod after the approval of the GC then why it will not be fraud to change job six months after the application of I-485. If AC-21 law would say that people are only allowed to change job six months after applying their I-485 if and only if they laid off from their sponsoring company then it would make a lot of sense. But Ac-21 gives certificate to any I-485 applicant to change job provided it is a similar job. then with the same spirit it should be ok to change job after the approval of their GC.
I would say many people talk about six months waiting (after GC approval) time which came from the six months waiting period (after applying for I-485) on the AC-21 law.
M
hidden_dragon
Registered Users (C)
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.
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.
MrMr said: