Leaving Employer after 6 Months of GC

B

boggavarapu

Registered Users (C)
I am planning to leave my employer after 6 months of getting
the GC approval. I understand that continuing to work for the
employer for atleast 6 months is stronly recommended!

I will be required to give a month's notice. I wonder if I can give
the notice at the end of 5th month and leave by the end of 6th
month. Is that okay from the point of INS in case the employer
reports to INS!

Ofcourse I will be glad to wait until the completion of full 6 months
and then give the notice if that is better!

I would greatly appreciate any feedback/advice. Many thanks.
 
The Problems Are Far Simpler

I am a silent reader in these forums, but now, I need to throw my 2 cents in.

I guess it does not matter when exactly you leave your employer after you get your green card.

The law does not state that you need to work six months or a year with an employer after getting the green card. The juridical term of permanent employment concerns an undefined period, after which one side decides to break the deal.

Now let us consider the side of the employee. It seems that if you have a solid enough reason for leaving that company, it may work out. You are working for many years already with that employer, they treated you like crap not giving you any raise or small raises, gave you no professional promotion, and they discriminated you, or harassed you.

In the light of the US laws, these are enough reasons to leave an employer, no matter when. The only catch concerning USCIS is to have it very well documented...

Let me tell you my specific situation. I work for the employer X for almost four years. They treated me like crap, in four years I got only two petty raises. Since I applied for a green card, I got further skills. I graduated with honors an MBA and got PMI certification in project management. Do you think my employer gave a penny for these skills? No, they did not care and did not offer any recognition or promotion of any way, keeping me to the same stupid programming position I held for years.

In your vision, is this a solid reason to leave? I have documentation proving my employment history and lack of professional recognition. I had already an offer as project manager, significantly higher than what I got now, and I needed to turn it down because of stupid green card situation.

I guess I proved more than enough the intention of working in permanent position with this employer working for four years in the same stupid position and the same stupid salary. Only USCIS and DOL screwed me up with this wait, because I should have had my green card long ago (a year and half ago) and should not be in this situation in the first place.

My conclusion is that leaving an employer after green card is a case-to-case matter. If you never worked for the sponsoring employer, joined, and left shortly after green card, even six months, this I think is an intention of fraud.

However, if you worked in permanent position years before getting the friggin' green card and you are compelled to leave because of some special reason, then better consult an attorney to see if your reason is strong enough to resist the attempt of rescission for your green card...

Have fun...
 
deepsoul68 said:
I am a silent reader in these forums, but now, I need to throw my 2 cents in.

I guess it does not matter when exactly you leave your employer after you get your green card.

The law does not state that you need to work six months or a year with an employer after getting the green card. The juridical term of permanent employment concerns an undefined period, after which one side decides to break the deal.

Now let us consider the side of the employee. It seems that if you have a solid enough reason for leaving that company, it may work out. You are working for many years already with that employer, they treated you like crap not giving you any raise or small raises, gave you no professional promotion, and they discriminated you, or harassed you.

In the light of the US laws, these are enough reasons to leave an employer, no matter when. The only catch concerning USCIS is to have it very well documented...

Let me tell you my specific situation. I work for the employer X for almost four years. They treated me like crap, in four years I got only two petty raises. Since I applied for a green card, I got further skills. I graduated with honors an MBA and got PMI certification in project management. Do you think my employer gave a penny for these skills? No, they did not care and did not offer any recognition or promotion of any way, keeping me to the same stupid programming position I held for years.

In your vision, is this a solid reason to leave? I have documentation proving my employment history and lack of professional recognition. I had already an offer as project manager, significantly higher than what I got now, and I needed to turn it down because of stupid green card situation.

I guess I proved more than enough the intention of working in permanent position with this employer working for four years in the same stupid position and the same stupid salary. Only USCIS and DOL screwed me up with this wait, because I should have had my green card long ago (a year and half ago) and should not be in this situation in the first place.

My conclusion is that leaving an employer after green card is a case-to-case matter. If you never worked for the sponsoring employer, joined, and left shortly after green card, even six months, this I think is an intention of fraud.

However, if you worked in permanent position years before getting the friggin' green card and you are compelled to leave because of some special reason, then better consult an attorney to see if your reason is strong enough to resist the attempt of rescission for your green card...

Have fun...
Click to expand...

I can feel your pain because I am in the same position like yours for years. It is just so pain every single day. In last 3, there was no raise. The boss treated me like crap until recently because I got the green card.

Thanks God, I got the damn card and I can leave the shit company soon.

I am confident it is no problem if one leaves the company before 6 months. INS is so busy, they don't care you leave (unless someone complains). After many years later when one applies for citizenship, I am very doubt they will care about it. I know many people who even "cheat" to get the citizenship (They get a lot of help in the test). If one applies citizenship 10 years later, does INS still look for last 10 years work history? I don't think so.
 
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I asked my attorney, who I feel is a good one, and he said the six month rule does not exist. He recommends collecting one pay stub after you receive GC, and that's it. We do not need to be paranoid.
 
boggavarapu, you will go straight to hell if you leave 1 day before the fictional 6 months. :D :D :D

I really can't believe how much discussion revolves around this issue and how worked up everyone gets... a little common sense... go read the citizenship boards, this topic rarely comes up.
 
leave after 6months

So If I leave x company after 6months, do I need to fill any form for INS? I heard that if my address change, I will have to fill up INS form??? I might be wrong.
 
yoyoman said:
So If I leave x company after 6months, do I need to fill any form for INS? I might be wrong.
Click to expand...
Yes, you are wrong. There is no requirement for US permanent residents to inform the USCIS about changes in their employment.
 
Mass_DBA said:
I asked my attorney, who I feel is a good one, and he said the six month rule does not exist. He recommends collecting one pay stub after you receive GC, and that's it. We do not need to be paranoid.
Click to expand...


I totally agree . That is what GC is for. I am quitting immidiatly after i get a good offer. It is not the job of uscis to protect the companies. They only care if we break the law/do not pay taxes. Changing job is not their subject
 
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