Leaving job after passport stamped!

L

LondonBorn

Registered Users (C)
Had my passport stamped at LA today. YEAH! Now I want to leave the job I have been stuck in for 6 years whilst process going through. My lawyer insists that I should stay for at least another 3-6 months to show good faith. HUH! Can anyone forsee any problems if I leave immediately? Any comments would be much appreciated.
WAC02139*****
 
LondonBorn said:
Had my passport stamped at LA today. YEAH! Now I want to leave the job I have been stuck in for 6 years whilst process going through. My lawyer insists that I should stay for at least another 3-6 months to show good faith. HUH! Can anyone forsee any problems if I leave immediately? Any comments would be much appreciated.
WAC02139*****
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Your lawyer is correct !
Its not advisable to quit immediately after getting approval ... wait about 6 months to a year to be safe.
3 months is even too short !!

If you quit now, it can be construed that your entire GC was a sham & a fraud -- since GC is given on the premise that you want to work for this employer on a permanent & time indefinite basis....

If you manage to get urself fired, it'll be OK.

Tread carefully .
 
1. Employer may inform them (unlikely). Even if USCIS is informed, not very likely that USCIS will institute action (but it is possible).
2. At the time of citizenship they will ask you to provide all this info. if they found out you left voluntarily right after getting gc, they may revoke it.

LondonBorn said:
How could immigration know if I left my job? If my employer doesn't inform them?
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As goodsaint advised you will be better off to wait LondonBorn, don't get too excited, USCIS has check blocks after every stage of immigration processing even after GC probably (safe to say) until Citizenship.

You don't want to do something in a hurry which will come to haunt you back badly. Agreed USCIS and Govt. agencies would not know unless you tell them. But look at it this way, you leave this job 2 days after stamping and take up a new job, the new company will file all relevant required (need to check on this but I am sure there is definitely some paper they file) information to the Govt. Also like goodsaint said, whenever you plan to go for citizenship or probably renewal of GC, the USCIS will get all the information from the horse's mouth (YOU who else) voluntarily until they are satisfied (RFE after RFE or questions after questions).

Hence Bottom Line is stay put for some time or get fired as some one else advised which would be an acceptable reason if ever USCIS probes. (hmmm since when getting fired became good cause... just kiddin)
 
.

What are you talking about?
AC21 lets you change a job even w/o GC legaly past 6 months of ND.
So if you got one - moreover you are not a slave.
 
> AC21 lets you change a job even w/o GC legaly past 6 months of ND.

AC21 only applies to pending cases. Once you have adjusted your status based on an employment based petition it is indeed advisable to stick around for 6 months or more.
They don't have a formal way of checking on it, but apparently it can rise to be an issue during the citizenship process. It all has to do with the twisted 'intent' construct of INS. If they decide that you never intended to work 'permanently' with this company, they can void your GC retroactively.

(just as getting divorced 1 day after AOS in a family based case doesn't look good on paper during your citizenship interview).
 
vz02128 said:
What are you talking about?
AC21 lets you change a job even w/o GC legaly past 6 months of ND.
So if you got one - moreover you are not a slave.
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Yeah as someone else mentioned AC-21 is only if your case is not yet adjudicated.
Once its approved, your intent should be to work for the petioning employer "indefinitely" ( whatever that means !! )

I knows its twisted - but you are actually more "free" before your GC approval .... After that, you need stick around for atleast 6+ months.
 
Its fine

There have been too many discussions on this topic.

There should be no problem in changing the job unless your sponsoring employer launches a complaint with USCIS. Leaving the job early is debatable as one might have no intention to leave the job at the time of approval but say 1 month later he/she changes mind and leaves the employer in good terms.

The clause that one should be with the sponsoring employer for atleast 2 years was removed long back.

In case you are approved and your spouse is pending then it might make sense to wait for a while, but waiting for about 3 months should be more than enough especially when the GC process itself takes about 3+ years in most cases.

I personally know a few families who were naturalised in past 1 year and primary applicant had left their sponsoring employer quite soon and were never asked about it.

----------------------------------------------------
I am not a lawyer, this is just my personal opinion
 
> I personally know a few families who were naturalised in past
> 1 year and primary applicant had left their sponsoring employer
> quite soon and were never asked about it.

Well, I happen to know family members who were grilled on their employment/marriage history at the naturalization interview. It all worked out, but it demonstrates that they do care.

edit
' It all worked out' bc they stuck to the rules.
 
Last edited by a moderator:
Keywords: It all worked out

Well, I happen to know family members who were grilled on their employment/marriage history at the naturalization interview. It all worked out, but it demonstrates that they do care.
 
saching_usa said:
There have been too many discussions on this topic.

There should be no problem in changing the job unless your sponsoring employer launches a complaint with USCIS. Leaving the job early is debatable as one might have no intention to leave the job at the time of approval but say 1 month later he/she changes mind and leaves the employer in good terms.

The clause that one should be with the sponsoring employer for atleast 2 years was removed long back.

In case you are approved and your spouse is pending then it might make sense to wait for a while, but waiting for about 3 months should be more than enough especially when the GC process itself takes about 3+ years in most cases.

I personally know a few families who were naturalised in past 1 year and primary applicant had left their sponsoring employer quite soon and were never asked about it.

----------------------------------------------------
I am not a lawyer, this is just my personal opinion
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It is all relative, most cases probably don't invite too much scrutiny and hence would go through fine. But considering the wierd ways USCIS works you can never take chances (if you could play it reasonably safe).

Well as long as the individual thinks (s)he is fine doing the job switch a day after getting stamped or a day after getting the card, he is welcome to do. This is just the usual let us be careful so that we don't have to rue anything we do later for no fault from our side.

You might argue that whatever we are doing is perfectly legal as you have done in your post, but that does'nt hold water very well with USCIS and even if you manage to get them to realize that it is all valid, you would have lost good enough time at the end of which you might be a bitter (wo)man.

People have posted what they feel or would do if they were in LondonBorn case, it is upto him to do what he thinks right. all the rules and details are available at this link
http://uscis.gov/graphics/howdoi/PermRes.htm

if anybody has more to add you are welcome.
 
saching_usa said:
Keywords: It all worked out

Well, I happen to know family members who were grilled on their employment/marriage history at the naturalization interview. It all worked out, but it demonstrates that they do care.
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If you can stay for 6+ months and avoid the grilling at a later stage, why not ?

Am not saying that there is only one way to do this ..... but definitely there is only one safe way to do this :D
 
Well If You Are Lucky You Might Sail Through, Better Be Prepared Whatever Easy Or Nightmarish Interviews During Citizenship Processing.

Seems Like The Preference Is To Get Grilled And Still Get The Whole Thing Done.

Most Folks I Guess Would Prefer Not To Be In That Position, Of Course That Does Not Mean That Even If You Stick Around For 6 Months Or More You Won't Get Grilled, God Only Knows What All Is Going To Change During The 5 Year Wait
 
Many thanks for all your helpful comments. I only stayed with the sponsoring company for 6 years to get my green card. Every day has been purgatory, so much so that I have suffered with depression. (We were originally told in January 1998 the green card process would only take 2-3 years!!!!!!!). In the interim I have obtained my Real Estate License and other qualifications....this is what I really want to do. Even the thought of staying another 3 months is beyond what I can bear. Fortunately, my employer is very understanding and would never inform USCIS of my leaving. So I am going to take the chance and leave.......and deal with the grilling later. I am not too concerned about Citizenship.......I am living just for the present...foolish as it maybe to some .............. Once again my apprecation for all your help...
 
Thanks for your appreciation. Your thread gave an overall idea of what would be the best course. Good Luck in your new venture. Even I have stayed with the same desi company for 6 years and thankfully they have been treating me fine so far.

Well everyone lives for the present, there i nothing foolish, it is just that everyone suggested that you stay a little longer so that certain unnecessary questions could be avoided if possible (obviously not a sure thing - even if you end up staying 6 months - 3 years in the same company after GC, there is no guarantee you will not be grilled.

The reason everyone advised against is another 3 months of purgatory (using your own word) could be managed if long term possible (not definite though) problems are visualized, especially since you have endured it for 6 years. Also your comment that in Jan 1998 it was told that GC would take 3 years was indeed a fact but you know what all changed in the interim.

Anyway all said and done, you have already made up your mind and decided what you think is the best after considering certain views.

As all ways with USCIS we don't know what is going to change for the better or worse, but make sure you have all relevant documents filed for future use for whatever it is worth.

GOOD LUCK TO YOU.
 
Rights:

Rights
o To live permanently in the United States provided you do not commit any actions that would make you removable (deportable) under the immigration law (section 237, Immigration and Nationality Act).
o To be employed in the United States at any legal work of your qualification and choosing.

It is mentioned very clearly on USCIS website (web add. posted earlier by Golmolu

So i don`t think so it is of any problem to change job after getting stamp on passport. It is better to stay for at least 6 months, if possible...
 
what you are saying is correct. but, this is not what the issue is. it goes in the core how you managed to get the green card at the first place? fraudulently? yes, then the green card may be revoked.

Dec02 said:
Rights
o To live permanently in the United States provided you do not commit any actions that would make you removable (deportable) under the immigration law (section 237, Immigration and Nationality Act).
o To be employed in the United States at any legal work of your qualification and choosing.

It is mentioned very clearly on USCIS website (web add. posted earlier by Golmolu

So i don`t think so it is of any problem to change job after getting stamp on passport. It is better to stay for at least 6 months, if possible...
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