Make Change before GC approval -- ?

N

Nadi

Registered Users (C)
Almost every problem in immigration has at least some benefit; the proverbial silver lining in the dark cloud of retrogression. For visa unavailability, two things come to mind.

The first is marriage timing. Many people wait until their I-485s are pending to plan their marriages. It is necessary, however, to get married before the I-485 approval in order for the new spouse to be eligible for the same employment-based category and same priority date as the primary spouse. Marriage after the green card is approved means the case becomes a family case, with a waiting time for visa number availability in the family category that is normally five to seven years. Thus, those EB3 individuals who have delayed making marriage plans or have plans sometime during July through September 2005, because of visa number unavailability, will not have their cases approved before their weddings.

The second issue pertains to changes in jobs. Under AC21, it is possible to change jobs after the I-485 has reached the 180-day point. It is generally understood, however, that it is best to make this change before the green card is approved. With visa unavailability, EB3 individuals know that their I-485 cases are going to remain pending at least through the end of September 2005, and possibly longer, especially for nationals of India, mainland China, and the Philippines.
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I Got this from MurthyDotCom---

Que: Why it is better to make change, before one gets GC?





:confused: :confused:
 
Gc

gcstruggler said:
Maybe that lawyers can make more money when they have to file for AC21.
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Once we get GC ~ we can quit the current GC employer anytime right? ... even next day!
 
She may be right. It may be an issue, if one quits immediatly after 485 approval, if employer notifies USCIS. GC is approved, based on longterm employment relationship. The definition of logterm is debatable. Generelly, GC is for a future job with whoever sponsered. If any one change the job immediatly the purpose of GC given by the USCIS is lost. On the otherhand, if AC21 is used for a second employer before 485 approval it may look geniune to the USCIS.
 
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can_card said:
She may be right. It may be an issue, if one quits immediatly after 485 approval, if employer notifies USCIS. GC is approved, based on longterm employment relationship. The definition of logterm is debatable. Generelly, GC is for a future job with whoever sponsered. If any one change the job immediatly the purpose of GC given by the USCIS is lost. On the otherhand, if AC21 is used for a second employer before 485 approval it may look geniune to the USCIS.
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Does anyone in the forum know of any cases like this---where the employer has been able to revoke a green card? That is indeed a scary thought.
 
Make change, before one gets GC?

can_card said:
She may be right. It may be an issue, if one quits immediatly after 485 approval, if employer notifies USCIS. GC is approved, based on longterm employment relationship. The definition of logterm is debatable. Generelly, GC is for a future job with whoever sponsered. If any one change the job immediatly the purpose of GC given by the USCIS is lost. On the otherhand, if AC21 is used for a second employer before 485 approval it may look geniune to the USCIS.
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.. How do U say if one uses AC21 is more geniune then the guy who quits after getting GC...

It like --- Company A sponcers Guy M for future --- Now before Guy M gets GC he says to Company A --- I will not work for U in future... Guy M uses AC21 and works for Company B.

This guys is little worse than the guy who stays till the GC gets approved and then quits.

Infact this whole thing is based on imperfect logic... Can any CEO tell today how he will be hiring guys in future ... the future here is not defined ~ may be 2 years may be 5 years... So the real reason might be -- if any body can keep his Job during GC process -- it would be fine... just a guess.

But the question still remains unanswered:
Why it is better to make change, before one gets GC?
 
Billtoo said:
.. How do U say if one uses AC21 is more geniune then the guy who quits after getting GC...

It like --- Company A sponcers Guy M for future --- Now before Guy M gets GC he says to Company A --- I will not work for U in future... Guy M uses AC21 and works for Company B.

This guys is little worse than the guy who stays till the GC gets approved and then quits.

Infact this whole thing is based on imperfect logic... Can any CEO tell today how he will be hiring guys in future ... the future here is not defined ~ may be 2 years may be 5 years... So the real reason might be -- if any body can keep his Job during GC process -- it would be fine... just a guess.

But the question still remains unanswered:
Why it is better to make change, before one gets GC?
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I agree some extend. The GC is for futre job based on labor certification. For example, one guy, lets say software engineer, quits and joins at Burger King as a sales man immediatly after the I-485 approval, he is violating the labor. On the otherhand if one invokes AC21, he has to work in same or similar job of what was doing. Therfore, the second guy is better guy than first one. Furhter, when AC21 is invoked there should be a bonafide permanent job offer from second employer. But the salesman in burgerking may not have a permanent job offer.
 
I'm of a simple opinion, 'One should make a change in one's interest, when the prospects of one's GC does not change'.

It is said, that the only thing permanent is the 'Change'.

Good luck guys.

DIGS
EB3, India
RD Apr04
140 ??
 
Why it is better to make change, before one gets GC?

I agree with DIGS ...

But what added advantages we get if we change our work before getting GC.. till now I always thought that get GC .. then make a change... ( if required).

gcstruggler might be right : lawyers want expand there scope to earn some easy money....

Meanwhile like all EB3 --- waiting for fresh fiscal year @NSC... Hope it brings in lot of visa numbers and we all sail smooth.

Good luck.
 
Once we get the GC, it's better to work for the company with which you got the GC approved for atleast 6 months. GC is issued to you based on your intention to work for the company. You are breaking that if you are not working for them.

There are cases where INS started a removal procedure when people applied for GC renewal or citizenship down the line showing this reason. It doesn't happen to everyone, but need to be careful. Having patience for that long, another six months should not be a pain just to take care not to be trouble in future.
 
Ac21

rkishore999,

Yes its good to work for 6 months more after GC and quit for another one.

But doing AC21 -- one is quiting earlier -- wonder how it is better than quiting just after getting GC..

Guess what -- we need to ask Shiela Murthy ...
 
I also heard some people say this -
After I-485 approval, it is good to stay with the same company for 6 months
to 1 year , so that there is no problem while applying for citizenship.

How far that is true is anybody's guess.
I hope it is not.
 
waitingnwaiting said:
I also heard some people say this -
After I-485 approval, it is good to stay with the same company for 6 months
to 1 year , so that there is no problem while applying for citizenship.

How far that is true is anybody's guess.
I hope it is not.
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Guys:

What if the application was a self-petition? The reason that I ask is, I work at a University, and my NIW application was self-petitioned through an attorney. Does the same logic apply?
 
NIW and AC21

Sept03NIW said:
What if the application was a self-petition? The reason that I ask is, I work at a University, and my NIW application was self-petitioned through an attorney. Does the same logic apply?
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The BCIS has not explained what happens to NIW cases under AC21.

It is not clear if they enjoy additional privileges since an NIW job is exempt from the job offer requirement.
 
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