Job Change - Should I do or not.

A

Arn

Registered Users (C)
Around two months back I got my GC approval. Our company's situation become somewhat shaky recently. Very recently I got some good offer. I would like to know what would be the safe time to stay with my current employer and then switch to a job and will not considered as risk. As a note I am with my current employer for five years and the GC process took four years. Could any knowledgeable person help.
Thanks in advance.

Arn
 
Hi Arn,
Since the law does not mention any time period that you should work for your sponsoring employer, differerent people have different interpretations. Most of the lawyers give a conservative advise 'Stay for atleast 6 months'. But i personally think that there should not be any problem if you leave the company after 1 month. Even AC21 act is vague about job portability. The 'Similar job' can have varied interpretation, but then, now a days almost every one uses AC21 and all of them get approved. So you can't wait till things are 100% safe. My advise is ignore that 5% risk, and go for the job of your choice.
 
Changing jobs after GC approval.

AC-21 is applicable only for pending approvals. It does not say anything for the cases that have been approved. Different attorneys suggest different periods of time which they think are safe.
However, my understanding is "Green card" gives you a right to work any where in USA and also any job(s). So, it should not be a problem, if you change. I have seen people changing jobs immediately after approval also. I am not sure, if there could be a problem if the employer reports to USCIS? Usually nobody reports.
This is my 2 cents.
You are the better judge for deciding what is good for you.
 
The only trouble if any, it's when you apply for citizenship. You have to prove there is no intention of fraud, as you changed job one day after GC approval. The safe time I heard is 1 month to a year, depending who you are asking. The truth is nobody knows. Best way is to ask your company lay you off :)
 
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
 
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