Job change after approval
- Thread starter lkjhgf
- Start date
atlantabhopali
Registered Users (C)
lkjhgf said:
Most lawyers recommend against it as it can technically mean fradulence (no intent to work for GC sponsor) and create trouble during citizenship review. However, we are yet to see a case on this board where someone had troubles. If I were you, I would go ahead and take it.
- ab
IMO, it is too early to see such posts. We will know in another 3-4 years if there are adverse issues when filing for citizenship due to changing employers soon after approval. Also, AC21 case did not exsist until few years ago.atlantabhopali said:
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atlantabhopali
Registered Users (C)
armie said:
AC21 does not addresses job change after approval - it pertains to only job change while 485 is still pending. If anything, AC21 should only make it easier to change jobs after approval - not harder.
About the board's existence, well - we have members here whose GC was approved more than 5 yrs ago and thankfully they do share their citizenship experiences from time to time. It is the "collective" knowledge of all - members on h1, GC, citizenship, etc that makes this forum a great source of information.
regards,
- ab
lkjhgf said:
From what I have gathered from various sources of information on the web, it is not advisable to change jobs until 6 months have passed after 485 approval. Unless circumstances absolutely necesitate a job change, it is not advisable to do so before the 6 month period. Even though there is no written rule which specifies this 6 month time period, various lawyers have suggested this as a common sense approach for establishing an intent to work with sponsoring employer.. Having spent years waiting for GC, waiting 6 more months doesn't seem that bad.
Job Change
I changed the job after 3 months of approval, offcourse I can defend my decision if asked by USCIS.
I don't believe in 6 month, 1 year and then 2 year of staying with the same company after gc approval as they are all rumors, if you have a valid reason change it.
I changed the job after 3 months of approval, offcourse I can defend my decision if asked by USCIS.
I don't believe in 6 month, 1 year and then 2 year of staying with the same company after gc approval as they are all rumors, if you have a valid reason change it.
this is provisoned by AC21 lawjpmbank said:
There is no direct law or directive by CIS to this effect. This makes each indvidual case open to interpretation by CIS officer at the time of citizenship application review.
Yeah...right! You know better.. for others, this is from one of Murthy's atricles.
This could cause problems and be perceived as fraud if the USCIS approves the I-485 based on an existing job offer and the person soon leaves the sponsoring employer to join a new employer. The I-485 approval is based upon the underlying initial job offer that was made in the labor certification and I-140 petition. It is a future job offer to take effect upon approval of the green card. One is expected to work for the company offering the job for a reasonable period of time after the green card is approved. Thus, changing jobs and trying to assert AC21 after case approval is a risky venture, fraught with uncertainties.
If a job change is desired, it is far better to make the change after becoming eligible to do so under AC21 but in advance of the case approval.
Armie,
I've expressed my lawyers views here ...
Since, there's no direct law or directive regarding job change after GC approval - quoted Murthy article does not make sense, with due respect of course.
Every case is different... and generalizing all of them and making as if 6 month post GC stay is compulsory (when there's nothing written about it)... 100% Crap...
I've expressed my lawyers views here ...
Since, there's no direct law or directive regarding job change after GC approval - quoted Murthy article does not make sense, with due respect of course.
Every case is different... and generalizing all of them and making as if 6 month post GC stay is compulsory (when there's nothing written about it)... 100% Crap...
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If you have basic knowledge about immigration matters, you should know the burden of proof (that you did not commit fraud) is 100% on the beneficiary, no one says that your are safe leaving even after 6 months. It is upto the individual on how much risk he/she can take. 6 months is what many attorneys consider reasonable timeframe. But all this is 100% crap anyway for someone who has made up his mind to leave next day after getting approved regardless of consequence. Good luckjpmbank said:
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sertra2002
Registered Users (C)
jpmbank said:
This has been discussed gazillions of times on this forum, and any older member can tell you that AC21 does not cover job change AFTER GC approval. Now I know this may not sound logically, that you are allowed to change jobs before approval (AC21 covers that), but theres nothing that covers you after GC approval. But that is the law, however illogical that may seem. Once again, there is no law that bars you from changing after GC approval or that put a limit like 6 months, but all lawyers will advice you that is 'better' and 'safer' if you stick with the GC sponsopr for atleast 6 months after approval. As someone said, its all a question of intentions. If you have to change because you were layed off, or other 'valid' reasons, then there is no issue. Otherwise you will be asked during citizenship why you changed jobs so soon after GC approval.
sertra2002
Registered Users (C)
jpmbank said:
Okay let me re-phrase it then "all good lawyers".
!! Again this is a conservative and safe(est) approach. In reality this may not be an issue, but it could be. It all depends upon the amount of risk, or perceived risk that a person is willing to take.
Thanks Guys,
I am very close to accept the new job offer. I was not expecting my I485 approval in 20 onths after filing for I 485 and had all intentions to change job under AC21. Job is indeed in same field and with similar responsibilities, so under AC21, I could have changed it. It's very difficult for me not to accept this offer at this stage. I am going to take this "perceived risk". Let's hope it will be okay.
lkjhgf
I am very close to accept the new job offer. I was not expecting my I485 approval in 20 onths after filing for I 485 and had all intentions to change job under AC21. Job is indeed in same field and with similar responsibilities, so under AC21, I could have changed it. It's very difficult for me not to accept this offer at this stage. I am going to take this "perceived risk". Let's hope it will be okay.
lkjhgf
There is no fraud and little risk if you change jobs *before* getting approved - it is provisioned under AC21. You just need a detailed employment letter/job offer describing your duties (should be similiar to your original LC/140), minor variation in salary and job title is acceptable. You'll need paystubs from your 140 sponsoring employer to prove that you worked till 180 days after filing 485 or until 140 was approved - whichever is later.
This entire thread is about job change *after* GC approval. Some people don't recognize there signifcant legal difference between the two. Good luck with your new job.
This entire thread is about job change *after* GC approval. Some people don't recognize there signifcant legal difference between the two. Good luck with your new job.
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