Leaving job too soon after GC

S

sms25

Registered Users (C)
Hello,
Can leaving job too soon (3-4 months after GC approval) of sponsering GC employer, affect your chances of getting citizenship in present times when GC itself takes more than 5 years to come?

I read Rajiv's opinion, however, per his opinion staying less than 4-5 months may cause issues. But that was couple years back. Is it still true today? I googled on internet on reasons for citizenship denial and none prompted towards 'leaving job too soon after GC'.......

Appreciate feedback .....
 
sms25 said:
Hello,
Can leaving job too soon (3-4 months after GC approval) of sponsering GC employer, affect your chances of getting citizenship in present times when GC itself takes more than 5 years to come?

I read Rajiv's opinion, however, per his opinion staying less than 4-5 months may cause issues. But that was couple years back. Is it still true today? I googled on internet on reasons for citizenship denial and none prompted towards 'leaving job too soon after GC'.......

Appreciate feedback .....
Click to expand...

Do you want to totally quit working or do you just want to quit working for the sponsoring employer? I guess you should be fine if you are just changing jobs to a different employer in the similar field in which your labor is approved. But if you are planning to totally quit working, I would play safe by working atleast for 6 months( per several attorneys). You waited for this long for your GC, 2 more months of work shouldn't be too bad for a smooth naturalization process.
 
Last edited by a moderator:
Hi;

Look at this note below********

What do you think?

I've got my GC last Dec. 18, 2006 and planning to change employer from Oklahoma where my sponsoring co. to California in same related fields construction but not the same position.

I will file my citizenship after 7 or 8 to 9 yrs. any way I am a Canadian Citizen and they only asked for 5 years employmet record on citizenship application.

It will be after 3 months after green card approval.

Needs your comments, gurus, everybody out there.

victorce79

***********

"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 tremendous 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 community). 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.
__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
703-908-4800 Extension 110
Last edited by operations : 11th August 2005 at 06:26 PM."
 
What are the guidelines for NIW then?

Thank you all for the very valuable opinions. I was wondering what would be the situation for GC obtained through self-petition such as NIW. This does not require sponsorship from an employer but the applicant is supposed to work in a certain field as described in his/her application petition that will benifit the US at a national level.

Does this mean (s)he can not venture into a different field after getting the green card? For example, can someone originally got approved for GC with expertise in physics start to wrok in biology, or financial modeling, or anything else?

Any input is very much appreciated!
 
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