Leaving Employer immediately after getting the GC

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lalpatta

New Member
Gurus,
Thanks for all the posts related to information on leaving the employer, that sponsored your GC, after obtaining the GC. It is mentioned in the posts how much time you need to stay with the employer after getting the GC, to avoid the risk of losing it. I still am not able to figure out as to how INS will determine that you are no longer with the employer. 2 possibilities is at the time of renewal of the GC and at the time of applying for citizenship. Other than these 2 circimstances, can INS determine that you are no longer employed and thereby revoke your GC ?

- Can the employer write to the INS that this employee left immediately after getting the GC and hence his GC needs to be revoked
- Can the INS somehow determine that you are no longer employed with the sponsoring employer ?
 
From what i know.. U need to work for that employer for 6 months after I-140 approval.... and by the time u get the actual card, most probably 6 months would have passed
 
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I read one of Unitednation's posting sometime back that USCIS sometimes sends letter to employers asking them about status of those employees for whom they sponsored GCs. This is to find out whether employees have left their employers or not.

I am not sure how far this has been followed by USCIS.
 
If I decide to leave my employer just after GC, I am planning to request a letter from HR and Supervisor outlining that I am leaving in good terms and company doesn't mind I am leaving to work for another employer. Not sure whether that will help though.

unitednations said:
That is correct. However, the RFE was due to USCIS thinking that there were more 140's filed in relation to number of employees on payroll.

I know of one personally that I've seen and another that a member contacted me about.

Essentially, I-140 RFE asks for h-1 employees, e31, e32 employees and where everyone is.

Now, also in h-1 RFE's, since there are higher fees if you have more then 25 employees, USCIS is catching employers bull-s------- on their head count so they can pay a lower amount. Because of this USCIS is asking for payroll roster and examining the records.

USCIS in their RFE's is trying to get information that is indirectly giving them information as to the pattern of h-1b workers, I-140 applications and where greencard approved candidates are.
Click to expand...
 
lalpatta said:
Gurus,
Thanks for all the posts related to information on leaving the employer, that sponsored your GC, after obtaining the GC. It is mentioned in the posts how much time you need to stay with the employer after getting the GC, to avoid the risk of losing it. I still am not able to figure out as to how INS will determine that you are no longer with the employer. 2 possibilities is at the time of renewal of the GC and at the time of applying for citizenship. Other than these 2 circimstances, can INS determine that you are no longer employed and thereby revoke your GC ?



Can Someone please refer to lalpata first question - does UCIS check this thing upon GC renewal or applying for citizenship ???
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lalpatta said:
Gurus,
Thanks for all the posts related to information on leaving the employer, that sponsored your GC, after obtaining the GC. It is mentioned in the posts how much time you need to stay with the employer after getting the GC, to avoid the risk of losing it. I still am not able to figure out as to how INS will determine that you are no longer with the employer. 2 possibilities is at the time of renewal of the GC and at the time of applying for citizenship. Other than these 2 circimstances, can INS determine that you are no longer employed and thereby revoke your GC ?

- Can the employer write to the INS that this employee left immediately after getting the GC and hence his GC needs to be revoked
- Can the INS somehow determine that you are no longer employed with the sponsoring employer ?
Click to expand...
Dear Friends:
1) Can a GC be revoked by USCIS if my employer (who sponsored GC) writes to USCIS to revoke it, if my employer is pissed off at me?
2) If you leave the employer 6 months (not immediately) after getting GC, but on bad terms, then can the employer still harm you by writing to USCIS to revoke your GC (if revokation is at all possible)?
 
JoeF said:
They can check that whenever they want. And the probability that they check these things is higher whenever they have taken the file out of storage, i.e., whenever you file something with them. That can be GC renewal, citizenship, reentry permit, sponsoring relatives, etc.
Click to expand...

Thank's for the reply JoeF. Maybe I didn't ask it correctly.... Of course they may check it as they please... but the question is do they activly check it when you apply for citizenship.... meaning is that one of the elements you need to prove to apply? (from what I know they only check how much time were you in the country and technical stuff like that...)
 
Thanks for the answer JoeF: I had another question:
You said: It (GC) can be revoked if CIS determines that you committed fraud or didn't disclose a material fact, e.g., if you didn't have the good faith intent to work for the employer. If you leave the employer too early, CIS could conclude that you didn't have the required intent, and it would be up to you to show otherwise.
My question: Is leaving the employer to go to another geographical area to be closer to a sick parent to take care of that parent convincing enough to USCIS that there was in fact good faith intent?
 
"You need to list your employers for the previous 5 years on the N-400. And if there is anything unusual, they do go over everything in your past in the US with a fine comb, so you better make sure everything is clean..."


Question : Assume an independent consultant who works on w2 basis for 6 different projects in 6 years, all the projects has a duration of 6 to 12 months and got completed. however he left the current employer due to new project. how does INS react in this situation?


also a friend of mine left his consulting company employer immediate after getting his green card, he work with the same employer for more than 5 years. he find the lawyer and paid the legal fees from his pocket, also he left with bad terms, his lawyer suggested, there won't be issues coz. he has served almost 5 1/2 years and more than 3 years after filing I140. his lawyer also said

"it is enough you made your employer rich go-ahead and make money for yourself. nobody can stop you"
 
Thanks JoeF

JoeF
Thank you so much for all your help. I wanted to let you know I really appreciate it.
 
Gurus.

A related question.

It seems that you have to show your 'permanent intent' once you get GC approved and stay with your employer for 6 months - 1 year - failing which USCIS may interpret it that you did not file your application in good faith.

BUT do we know of any case where USCIS went and checked on a person, found that he switched jobs immediately after GC and then revoked his GC??

Thanks in advance.
 
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