Leaving job after GC

T

Tintinx

Registered Users (C)
Hi everyone,

I have read some previous posts suggesting that after getting a green card one has to work at least 6 months for the sponsoring company not to have problems when applying for citizenship. However, if one gets laid off before 6 months, there should be no problems.
How will BCIS know whether one has been laid off or has resigned? Do they ask for proof of lay off?

Thanks in advance
 
That will be during citizenship processing of if they do a routine random check. But at the same time because of AC21 things should be fine
 
I believe you misunderstood me. I was talking about after getting GC not after applying for I-485. AC21 applies to people who have applied for AOS and their applications is pending for 6 months.

Thanks
 
Tintinx:

Since you already know the answers to your questions why ask.

karns is right, due to AC21 the rules of the game have changed. Now it won't matter even if you changed your job the next day after your 485 was approved. Previously, i.e., before AC21, one had to be with the same employer throughout the 485 process and maybe 6 months beyond. With AC21, changing jobs is allowed, so it doesn't make sense to have the old rule once you get your GC.

Hope that makes more sense.
 
Originally posted by Tintinx

How will BCIS know whether one has been laid off or has resigned? Do they ask for proof of lay off?
Click to expand...

If you get laid off, you'll have a letter to show them (in case they ask).
 
my question what will happen if there is a problem during citizenship. Will they deny citizenship only or revoke gc which has been issued since 5 years
 
Dude, the prez is talking about granting amnesty to illegal aliens and here you're worried about your GC being revoked for changing jobs that too after GC approval. Take it easy, nobody's gonna revoke your GC, relax.
 
I cannot understand one thing.

AC21 specifies that you can change your intention to work for someone after 180 days of you 485 application. Then why should I not change my intention upon approval of the GC if that happens after 180 days of 485 pending.
Think that I change my intention to work for my employer today and my GC is approved tomorrow - what then?
 
AC-21

Here is the picture for AC-21;

1: You can change job after 180 days of pending I-485 and I-140 approved. Similar job.

2: AC-21 says nothing about the time after you get your GC. It is believed to be 6-12 months to prove your intention..

3: Need a layoff letter instead of just quitting.

4: There are somewhat new "memos" from USCIS about AC-21 and portability. Check "www.immigration-law.com"

http://www.immigration-law.com/

11/28/2003: AC 21 Change of Employer and Issue of Pending I-140 in Concurrent Filing

As people know, the USCIS released a memorandum on August 4, 2003 concerning the validity of I-140 under the AC 21 180-day rule. Among others, the memorandum stipulated that under the AC 21, the I-140 would remain valid if the I-485 applicant changes employment after 180 days of filing of I-485, no matter whether the employer withdraws the original I-140 petition.
Caveat: Where the I-140 is still pending in the I-140/I-485 concurrent filing after 180 days of filing of I-485, USCIS opined that the so-called Yates' memo of August 4, 2003 does not apply. This leaves a number of questions wide open in the concurrent filing where I-140 adjudication drags on.
Obviously, the first question should be whether the I-485 applicant will be allowed to change employment after 180 days of filing when I-140 is still pending. The other question is whether the I-140 petition would remain valid, should the original employer withdraw the I-140 petition for the purpose of substitution of the employee. Conservative view dictates that the answer could be "negative." The USCIS said that it would release a separate memorandum on this issue. Until such separate memorandum is released, it may be prudent for the I-485 filers to take a extra precaution before they decide to jump to a new employer.


1/28/2003: AC 21 Change of Employer and Narrow Definition of New "Employer"

Under the AC 21, the I-485 applicant is permitted to take a new "employment" of similar or same occupation classification after 180 days of filing of I-485. What is the definition and scope of "employment?" Recently, USCIS HQ opined that "self-employment" is not considered within the parameter of the terms "employment" in the AC 21. This interpretation opens a host of related questions such as what happens if the new employer is a corporation where the I-485 applicant holds controlling .....

5: The President's proposal is not going anywhere.

6: The following references describe in detail:

http://www.entertheusa.com/publications/movable_feast_aos_portability_ac21.pdf

http://www.entertheusa.com/publications/parting_is_such_sweet_sorrow.pdf

http://www.entertheusa.com/publications/a_movable_feast.pdf
 
Last edited by a moderator:
cinta is correct AC-21 says nothing about changing jobs after
I-485 is approved. Thats left us with if gc is not yet approved change jobs after 180 days. Once gc approved you are stuck for 6-12 months. Make any sense, not for me.
 
AC21- applies both for layoff and Quitting

AC21 has nothing to do with layoff or quitting. It applies eqully well in both.
HTH
 
My view

Employment based GC is issued based on the assumption that the person will work for that company as a full time employee. This is what makes some people fear that, if you leave that company immediately, it might be treated as fraud. But i think that we are missing some important points here. Is there a law that says that if the EB Greencard holder leaves the sponsoring employer, then his GC should be revoked ? There is no such law. Once you got the greencard, you are on the level playing ground. Wife's can divorce the sponsorng husbands and employees can leave the sponsoring companies, immediately. The only way BCIS can take action is, if it can prove that we had wrong intention at the time of filing the case or within 6 months of filing the case (the defined backlog threashold period). Hw can any one prove that ? It's almost impossible unless you havewritten letters to your employer stating that you want to leave him after getting GC. If your employer files a case, you can always say that you left him because you got a better job. There are no employment restrictions on Greencard holders (EB based or FP based). PERIOD. If you want to play safe, stick for 1 month after GC. That's what i am going to do, at the most.
 
Re: My view

So the new job after getting the green card, does it have to be in same type of your ex-job or can it be any job??
 
ALL RIGHT

Everybody is right in their interpretations of AC-21! Remember one thing: The "burden of proof" when asked is on you, not USCIS. In case you need to prove anything, you should do it.
Besides, instead of listing everybody's time interval for leaving one's job, READ the references I posted and then decide.
It is not a day, it is not a month, it is not even six months or a year! There is no time defined..PERIOD. If, when and how, THEN you need to prove the "similar job" and the AC-21 used, as simple as that.
 
I would think the whole concept of 'similar' job ends when you get the GC. Even though GC is for a future job.
If that be the issue- then the question would be how long should one do the 'similar' job- with or without change of employer.

How long you should work for your sponsor after GC (with or without AC21)- is not mentioned in any rule. There is only one blanket rule- 'intent of fraud'. That can be interpreted so very broadly and maybe very narrowly.

I would not like to think too much about it. If I get better opportunity before or after GC I will quit. After GC I will not at all be constrained by the 'similar' job. I will pick a job that exactly I want to.

my 2 cents
 
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