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Job restriction after GC approved.
- Thread starter IWantFree
- Start date
TheRealCanadian
Volunteer Moderator
IWantFree said:If your Green card is from I-140 & I-485, after aproof, you need to work for the origional company for half year. Is it true? could we do the similar job but different company instead?
Employment-based permanent residency requires a bona fide intent to work for the sponsor after approval. At naturalization or card renewal time, USCIS will probably be interested in knowing for how long after approval you worked for your sponsoring employer, or the employer you ported the adjustment to using AC21.
The guidelines I have heard from an attorney friend related to Consular Processing, but he indicated that anything less than 30-45 days the onus was on the alien to disprove the notion that he obtained permanent residency by fraud; over 90 days the onus was on USCIS.
Six months is a good conservative rule of thumb if you want to play it safe; my own thinking is that under 90 days is asking for trouble, and if at all possible you will want to stick it out that long.
TheRealCanadian said:Employment-based permanent residency requires a bona fide intent to work for the sponsor after approval. At naturalization or card renewal time, USCIS will probably be interested in knowing for how long after approval you worked for your sponsoring employer, or the employer you ported the adjustment to using AC21.
The guidelines I have heard from an attorney friend related to Consular Processing, but he indicated that anything less than 30-45 days the onus was on the alien to disprove the notion that he obtained permanent residency by fraud; over 90 days the onus was on USCIS.
Six months is a good conservative rule of thumb if you want to play it safe; my own thinking is that under 90 days is asking for trouble, and if at all possible you will want to stick it out that long.
Thank you TheRealCanadian.
One question left, How do they count 90 days?
From the date you worked for the sponsor?
From hte date you got aproof message from USCIS?
From hte date you got stamp for local immigration office?
From hte date you got plastic green card?
At the citizenship stage, they ask you for paystubs, tax returns, w2, etc. As well, they can track your social security number. They have computer network system. They have great intelligence as a part of Homeland Security.
Why do you ask those questions? Please listen to lawyers' advice to work for at least 6 months to be safe. Green card is not everything, just an authorized document card to allow you to live and work permanently. If it is employment category, you must have a bona fide intent with your employer so it won't be fraud. If you are only laid off, it won't be a problem because it is not your fault. If you quit, that could be a problem. Please don't listen to friends or know that people quit like that. They could be in trouble in the future or not. Just be safe and be in a good moral character. I stayed with my employer for more than 1 year after I got my green card and I am still with my employer (despite that economy goes up or down). I will quit much later. If it is family category (marriage category), it is very risky because they have conditions (temp gc and bona fide evidences for permanent residency).
so it is up to you.
Hope this helps.
Why do you ask those questions? Please listen to lawyers' advice to work for at least 6 months to be safe. Green card is not everything, just an authorized document card to allow you to live and work permanently. If it is employment category, you must have a bona fide intent with your employer so it won't be fraud. If you are only laid off, it won't be a problem because it is not your fault. If you quit, that could be a problem. Please don't listen to friends or know that people quit like that. They could be in trouble in the future or not. Just be safe and be in a good moral character. I stayed with my employer for more than 1 year after I got my green card and I am still with my employer (despite that economy goes up or down). I will quit much later. If it is family category (marriage category), it is very risky because they have conditions (temp gc and bona fide evidences for permanent residency).
so it is up to you.
Hope this helps.
USGC485 said:At the citizenship stage, they ask you for paystubs, tax returns, w2, etc. As well, they can track your social security number. They have computer network system. They have great intelligence as a part of Homeland Security.
Why do you ask those questions? Please listen to lawyers' advice to work for at least 6 months to be safe. Green card is not everything, just an authorized document card to allow you to live and work permanently. If it is employment category, you must have a bona fide intent with your employer so it won't be fraud. If you are only laid off, it won't be a problem because it is not your fault. If you quit, that could be a problem. Please don't listen to friends or know that people quit like that. They could be in trouble in the future or not. Just be safe and be in a good moral character. I stayed with my employer for more than 1 year after I got my green card and I am still with my employer (despite that economy goes up or down). I will quit much later. If it is family category (marriage category), it is very risky because they have conditions (temp gc and bona fide evidences for permanent residency).
so it is up to you.
Hope this helps.
thank you USGC485.
Just worked too long for a company without any raise due to GC process...
And always worried about laid-off happening...
So, just want to know the right thing to do....
However, if laid-off would not be a problem, maybe endure one more year is not too hard.
thank you for your advise