Leaving Employer Soon After Gc....

[pralay]

Learn basics, give respect to (all) lawyers opinion.

That's the point. Give respect to all lawyers, including Rajiv Khanna who suggests to work for few months. All of them have points. It's not "fear" as you preach or suggest, but just opinions. It's you who keeps saying that you are always right and everybody is wrong. It seems you are failing miserably on very thing you are asking others to follow - "respect". You are absolutely right - learn basics.

No arguments left??? huh?? So who were those , suggesting left and right to check law to others( without posting any law) and pretend that they don't have time to provide law!!!!(But spend eternity posting on forum) Seems to be suffering from severe memory loss !!! .

It's actually your problem - and it's clear between your two posts on the subject of "respect" (post #29 and #31). Amazingly they are only in 4 hours of difference.

 

[Fort_User]

Real Example

One of my friends never worked for his GC sponsor company after his GC approval. He got his Citizenship recently without any problem.

I have seen it on my own eyes. No hype.

 

[Picaso]

One of my friends never worked for his GC sponsor company after his GC approval. He got his Citizenship recently without any problem.

I have seen it on my own eyes. No hype.

ya, ya, I have many friends, who have similar experiences. If anybody really worried, they should see their lawyer(For their own situation) rather than scaring other immigrants.

 

[pralay]

ya, ya, I have many friends, who have similar experiences. If anybody really worried, they should see their lawyer(For their own situation) rather than scaring other immigrants.

Forum is not meant for scaring people or getting scared. "If anybody really worried", just avoid reading forum. That would help. Many of my friends do that.

 

[LCSilence]

I discussed this with my lawyer: what would happen if I didn't work for my sponsor after I get GC. I was worried that wether my GC would be revoked or I won't be able to get citizenship. He laughed at me. He said my GC would not be revoked just because of this. Officer may give me some hard time at citizenship interview but then there are some many reasons you can say why you don't work for the sponsor.

 

[LCSilence]

JoeF,

Are you saying my lawyer is lying to me? Do you have cases that somebody got deported and there was no other fraud than he/she didn't work for the sponsor?

 

[Picaso]

Why would it be hard to get a GC as family member? It is actually very easy for parents of US citizens.le.

OK, then tell everybody how much time it takes for family based GC (for parents, for this case) 5/10 yrs or 15yrs???. I fully agree with other member qwerty, you are historicaly anti-immigrant for sure. you sucks , get lost

 

[TheRealCanadian]

OK such a anti immigrant, don't you know that it will decades to get GC for parents?? And still you want that gentleman to surrender his parents's GC. qwerty, you are real good man, such anti-immigrants needs some whipping from you. Get on

The parents of a US citizen are considered immediate relatives, and as such are not subject to numerical limitations or priority date waits. If they are in the US, an I-130/485 can be filed immediately. If they are outside the US, the I-130 is forwarded to the consulate immediately upon approval, and in some jurisdictions (like New Delhi I believe) the consulate will accept a direct I-130 filing.

Where on earth did you get the idea of "decades"? I may not always agree with JoeF but he looks good compared to some of the insults and downright misinformation that you jokers spread around.

 

[Picaso]

Where on earth did you get the idea of "decades"?

How many parents have you seen getting GC so fast?? Getting GC for parents is such a pain in ass. Thats Ok, thats immigration in USA. But joef encougaes member to surrender GC , thats sucks and please don't support such anti-immigrants. I don't want anybody to loose their their immigrant status because of such asshole.

 

[TheRealCanadian]

But joef encougaes member to surrender GC, thats sucks and please don't support such anti-immigrants. I don't want anybody to loose their their immigrant status because of such asshole.

The problem is that a Green Card requires you to actually LIVE in the United States, that's the quid pro quo in return for eliminating the border and visa hassles.

What a lot of folks (I see many Indians but it is by no means restricted to them) want to do is use the Green Card as a Border Crossing Card, which it certainly is not. In this forum and others we see folks who have worked for years towards a Green Card and within weeks of getting it, they want to leave the US for over a year and put that residency in risk. (Don't even get me started about the folks who want to bring over an elderly parent and ask if they can immediately get free government health care.) If you don't actually want to live here, why exert the effort?

That's the flip side of the coin, and what folks like me get irked about. Quite honestly, folks who get a Green Card with no intentions of living here are the true anti-immigrants, because they make the rest of us look bad. A Green Card has certain obligations as well as privileges, and you need to need to be aware of those obligations. As an immediate relative of a US citizen, you shouldn't waste time and money getting a Green Card if you don't actually want to live here.

Think of how many posters here have gotten a Green Card before they got married, and have a spouse stuck in Asia, half a world away. The FB2 waits are so long that they need to wait 5 years to get citizenship before their spouse comes here and is reunited with them. Tell those folks that they need to wait an extra 30, 60, 90 or 120 days to be reunited with their spouse, because the consulate in their country is processing extra immigrant visas for people who don't actually want to reside in the United States. How sympathetic do you expect them to be?

And again, there is no need for anyone to resort to insults. It's a failing of your language skills, or your character.

 

[qwertyisback]

malacious posting.

ignored

TRC, you might issue some warning to above poster, who is not following proper language manners.

 

[selak]

change employer

I have a question but I couldn't find clear answer, maybe somebody can help me.

I have been working for my company for 16 months and got my greencard recently my contract is for 18 months so it is about to finish.
When my contract is over in 2 months , do you think I can change my job without a trouble.

thank you

 

[arizonian]

Agricultural Laborers

I have been silently following this thread but QwertyIsBack and Picaso leave me with no choice but to intervene.

Judging by the quality of information and language of the posts by QwertyIsBack and Picaso, I am forced to conclude that they are in the US as agricultural laborers.

If their posts are any reflection of their real life, I seriously doubt that they will qualify for anything else. (And probably not even as agricultural laborers !)

Now that we have this additional information, maybe we will be more forgiving.

JoeF and TheRealCanadian have discussed the issue really well, and in my opinion, the issue of intent can be applied very broadly since there is no specific law. One does not however want to be the first case where such a decision is actually made.

That said, let me share something with you. Many physicians come to the US on a J1 and ultimately get "J1 Waivers" after finishing their training on a J1. These "Waiver" jobs are usually in medically underserved areas where US citizen MDs do not want to be. These waivers were for one year, but now you have to be in the area for 3 years. Until about 1995, a MD could apply for the GC and get it anytime. Many MDs left before completing the waivers under one pretence or the other. USCIS finally caught up, and now you can have a labor certification and I-140 approved even before you join, but cannot apply for I-485/consular processing through labor certification before you actually finish the three years. My point is that if we have enough of QWERTYs and PICASSOs, it is only a matter of time before USCIS comes up with a regulation to this effect. By leaving immediately we not only potentially jeoperdize our permanent residence, but also screw everyone else behind us.

And mind you, I am just suggesting that one stay for a "reasonable" period to show good faith and intent. I am not suggesting any time-frames.

 

[TheRealCanadian]

If a timeframe for changing employers was essential after becoming a LPR, don't you think the CIS would make sure the LPRs know about it? Just follow this simple logic.

One thing to keep in mind is that over 85% of all immigrants are not sponsored by their employer, so this whole notion would be completely irrelevant to their situation.

Can any of you without referring to your own immigration attorneys point out to one sentense in the USCIS files where it says how long a person should stay with a respective employer after being approved as a LPR?

While Joe will probably disagree with me since it references a non-immigrant case, I personally believe that Seihoon v. Levy would apply here - the 30/60/90 day rule.

To be honest, I'm a great proponent of the "decent interval" doctrine - don't quit the day after you get approved, but you don't need to stick around for a year or two either. 3-9 months probably won't raise an eyebrow. Less might not be fatal either, but it might cause a delay or issues at naturalization time. Then again, it might not.

 

[Rajiv S. Khanna]

My two cents

Hello everyone. I happened to be passing through (periodically I run a search for "khanna" or "Rajiv" to see if I can help somewhere and just to lurk) and spotted this discussion. I am very impressed with the depth of your understanding but laws are rarely simple. I am still of the following view:

The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.

By the way, do not assume you know more about the law than good, competent lawyers. Just as I can program till I am in the blue in the face, I will never have the depth a good, competent software pro would; so it is for law and lawyers. But note the words "good, competent." I try to be one. Most times I succeed. But I do make mistakes - may be one or two every few years. So if the info I give looks like misnformation, it could be just that or it could be your misunderstanding.

I take trmendous pleasure in your ability to freely talk about things that matter to you. Thanks for making this a free, open, always helpful (and usually responsible comunity). Good luck.


PS I doubt very much CIS would go so far as to deny citizenship where an employee left too soon. Under the current scheme of things (AC21, processing delays) such a case would be a bad case for CIS to fight. So as one community member said, don't worry.

 

[yeppo]

Thanks a lot Rajiv for this advice and all other.

This is one topic that has been argued to death. Hopefully this should be the end of it. I say hopefully very slowly....

Rgds,

Yeppo

 

[qwertyisback]

PS I doubt very much CIS would go so far as to deny citizenship where an employee left too soon. Under the current scheme of things (AC21, processing delays) such a case would be a bad case for CIS to fight. So as one community member said, don't worry.

Thanks Rajiv for clarifying this matter once for all. As you suggested , most important thing is don't worry and thats what most of senior members of this forum are suggesting all the time.(including me ). Your timely posts confirms majority's take on this issue. Thanks Again.

 

[Jharkhandi]

Thanks Rajiv for clarifying this matter once for all. As you suggested , most important thing is don't worry and thats what most of senior members of this forum are suggesting all the time.(including me ). Your timely posts confirms majority's take on this issue. Thanks Again.

qwerty - what a serious post from your side - I wish they make it a sticky!

Welcome back!

 

[arizonian]

Three cheers for the "senior members"

 

[pralay]

Three cheers for the "senior members"

Do they get senior discount?