Leaving job after passport stamped!

[Mayfly]

Not to scare anyone but here is the law

The federal statute regarding Immigration Fraud (federal offense).

18 U.S.C. 1546

Sec. 1546. Fraud and misuse of visas, permits, and other documents

(a) Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or

Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or

Whoever, when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorized by law to receive such document; or Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement -

Shall be fined under this title or imprisoned not more than 10 years, or both.

(b) Whoever uses -

(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor,

(2) an identification document knowing (or having reason to know) that the document is false, or

(3) a false attestation, for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be fined under this title, imprisoned not more than 5 years, or both.

(c) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).

 

[pralay]

My lawyer made similar comments, that AC21 could be applied to the approval, not just before while it's pending. So, I'm switching jobs, I had planned the switch long before I was approved and I was going to use AC21, and then I was approved, but I can't stop the process now -- and of course I want to go... so I'm going to take the chance that it'll work out. I figure I put in a good 4.5 years with the previous employer, and that this new job is similar in nature (although more harmonious as a work environment) and I am going to sort of document the similiarities for future reference.

becky

That's exactly the point. There is no rule. And, 6-12 months is a thumb rule. Basically in case situation araise, you should be able to prove your honest intent. "Can't stop the process" is probably a good case to prove your intent. However, to prove that, probably you need to apply one or some of the following point/points in your case:

1. Some personal/family situation (before approval) that warrants your to quit current job and get a new one in new location. For example, your daughter has some health complication that does not suit in, say, Chicago's weather.
2. You applied for the new position before I-485 approval.
3. Interview happened before I-485 approval.
4. You offer letter was issued before approval.

 

[140_takes_4ever]

(Iwonder whether the company could get into trouble when they try to sponsor someone else. After all they fired you a week after you got your GC. Does the INS wonder whether the company had a 'permanent' job for you in the first place ? But, as the company doesn't have to go for any interviews it is probably a non-issue, just a thought.)

Actually that is a very interesting point you have raised. I am sure the employer in question hasn't thought things through before deciding to "fire" the unwilling employee. The concept of interviews doesn't arise because if the company hires another H1 employee instead then they will have to report all the details about their company in the 140 stage, in which this information about an employee leaving right after GC approval will come up.

This also precludes the opportunity given to the "Fired" employee, to turn around and sue the employer for firing him without due cause. I would say the employer is pretty dumb to not think things through.

Well there is a sucker born every minute, so guess he lucked out.

This is turning out to be a might good discussion, we might just mark it down as an important thread. Going through it will definitely help a lot of people in the same shoes.

 

[golumolu]

As many supporting documents as we can and as much luck as we have

 

[hadron]

Misunderstanding

> I am sure the employer in question hasn't thought things through
> before deciding to "fire" the unwilling employee.

I think you misunderstood the concept here. The employee asked to be fired in order to be able to leave the company. This way it doesn't look like he had the 'intent' to leave his employer after his GC came through.

> all the details about their company in the 140 stage, in which
> this information about an employee leaving right after GC approval
> will come up.

I don't think the company has to disclose anything regarding the firing of single employees on a subsequent I140. The I140 just asks for ability to pay and an attestation that nobody was specifically fired to make room for the alien.

> This is turning out to be a might good discussion, we might just
> mark it down as an important thread.

I am not sure whether this discussion is helping anyone. This is the blind leading the blind. We are all speculating here, nobody had really solid information. A consultation with a good attorney would be more helpful for anyone trying to decide when to leave the sponsoring employer. (the company attorney is useless in this setting. 'A buddy in HR' is also not exactly the information source anyone should bank their future on.)