Muthy's comment's about changing job after GC

R

Rajan123

Registered Users (C)
http://murthy.com/chatlogs/chat1206.html

Chat User : Dear Sheelaji, job changed in 2 months after I-485 approval. Will it create any problems later? New job is in the same field with similar responsibilities. Thank you.

Attorney Murthy : As mentioned many times before in various MurthyChat responses and in various articles on MurthyDotCom, the law requires a person to work for the sponsoring employer for a reasonable period of time AFTER obtaining the GC. The reason is that the GC is based on a future job offer. This is different from the law allowing a person to change employers under AC21 portability, and the original law has not been reconciled with this later provision of the law. So under the rules of statutory interpretation, the laws must be read harmoniously and not in conflict with one another. Any change in employers in less than 6 months to one year after obtaining the GC, could be considered tantamount to fraud, since the only reason that the government approved the LC/GC was based on the employee / foreign national agreeing to work on a full-time, permanent basis for that employer after obtaining the GC. By leaving the employer so soon after the GC approval, there may be problems down the road with potential fraud concerns, especially at the time of filing for citizenship.

Any Comments.........
Rajan
 
What is meant by future job

:mad: I could never digest this concept of FUTURE job. If the GC is for future job then what were doing doing for 20 years working with the sponsoring company while waiting for the GC. That period was not FUTURE. So we have to work for 20 years before GC and a REASONABLE time after GC. Now I am not what this REASONABLE time will be. First we have to work for few years for the company to convince them that we are worth sponsoring. Then this never ending process of GC and then this beautiful REASONABLE time.

Do we have to give our life to the company for getting a GC.
 
Just leave whenever you want to after GC esp. if your employer has no problem. After many years you may consider that your home country was not a bad option either :)

There is one 30-60-90 guideline for CP cases. Assume that that applies to AOS as well. And w/o becoming citizen you may continue on GC forever and can earn lot my money to donate during election. Just donate once and then because of your good deed citizenship will be on your way :D
 
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Well said LaborSubs1
Unfortunately there are many loop holes in the entire GC process in the present times. Earlier there was a time when people used to get GC pretty quickly in less that one year or so and that's why I believe that the Law says that after getting the GC, one should work for a Reasonable Time.

But now in the present circumstances, as GC itself is taking such a long time, AILA or any other legal body should try to convince the USCIS that they should consider making some changes to the Law, so that people like us who have been working for the sponsoring employer for almost the 5 years should be spared. My 2 Cents!
 
MD_Rockville said:
Just leave whenever you want to after GC esp. if your employer has no problem. After many years you may consider that your home country was not a bad option either :)
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I fully agree. I myself have changed job after 3.5 months of getting the GC. If i felt that there is even 1% risk in this, i would not have changed job.
 
27aug03 said:
My company could hardly find a 5 month project for me this year. (very poor marketing) For many months I was on bench with no pay.
Though I could find a project on my own, could not leave due to GC process.
Now that I am approved and my company has failed to place me, should I still wait for 6 months+ for my company to place me :rolleyes: :( :mad:
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Safest way; Get your employer to fire you! that way you demostrate your intent to work, but your employer changed his mind.
No one can question your intentions under these circumstances.
 
That's what most lawyers advised and what AC-21 states. AC-21, current immigration law, allows applicants to change employers 180 days after the DATE of filing of I-485 adjustment of status, not after the DATE of I-485 approval.

My friend told me that his friend had a problem when he was interviewed for US citizenship. The officer (interviewer) looked not happy with him when he saw his tax returns and tracked his ssn on his computer system. He questioned him few questions (why he left early, etc). Few minutes later, he went ahead to quiz him with US history and told him that he passed. The officer told him that the ceremony notice will be mailed to him as soon as he verified application form. Now he is waiting for ceremony notice.

so be careful.
 
Any problems for not opting for citizenship.

If someone doen't opts for citizenship after 5 years, do INS does profiling at POE. Do they quiz Green Card holders as to why they didn't become citizen after 5 years.
Sometime ago i heard the legacy INS was slammed with couple of law suits for doing profiling on GC holders who didn't take road for citizenship.
 
What about if one gets laid off soon (< 6 months) after getting GC approved. Does this 6 months - 1 year rule apply even if the we want to continue with employer, but employer lays us off. In this case, it seems to me that we have not violated the intent to work for sponsoring employer from our side, it is the employer who has violated it.....

Can we then also collect unemployment checks from the state with recently obtained GC?
 
27aug03 said:
My company could hardly find a 5 month project for me this year. (very poor marketing) For many months I was on bench with no pay.
Though I could find a project on my own, could not leave due to GC process.
Now that I am approved and my company has failed to place me, should I still wait for 6 months+ for my company to place me :rolleyes: :( :mad:
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I think assoon as your company stops paying you even for a month It is as good as you are fired, In that case I think you are safe to leave the company
 
Ask him to pay your old dues via email and say you will file the case in Labor court!

That Sucker should be made to pay for the unpaid time . Put in writing that he owes you past salaries and as such you are forced to resign. Send via Registered letter with Ack Due.

You should be fine. I changed the job b4 approval and got approved while I was getting ready to file AC21 or G-28.

Many senior members have advised that I am fine too so you have nothing to worry.


Good Luck Buddy! We all deserved to be paid in time . This is no charity and we earn our wages. If they can't market , they should be penalized .






27aug03 said:
My company could hardly find a 5 month project for me this year. (very poor marketing) For many months I was on bench with no pay.
Though I could find a project on my own, could not leave due to GC process.
Now that I am approved and my company has failed to place me, should I still wait for 6 months+ for my company to place me :rolleyes: :( :mad:
Click to expand...
 
MD_Rockville said:
Just leave whenever you want to after GC esp. if your employer has no problem. After many years you may consider that your home country was not a bad option either :)

There is one 30-60-90 guideline for CP cases. Assume that that applies to AOS as well. And w/o becoming citizen you may continue on GC forever and can earn lot my money to donate during election. Just donate once and then because of your good deed citizenship will be on your way :D
Click to expand...

Dear MD Rockville,
Can u please shed some light on 30-60-90 rule for cp and where is that mentioned? if u don't mind ,can u post some reference.
thanks
 
LaborSubs said:
:mad: I could never digest this concept of FUTURE job. If the GC is for future job then what were doing doing for 20 years working with the sponsoring company while waiting for the GC.
Click to expand...

The 20 years worked on temporary working visa (like H1 or L1) and technically it has nothing to do with the GC job position.
 
Safest way; Get your employer to fire you! that way you demostrate your intent to work, but your employer changed his mind.

Yes. Either get your employer to fire you or get laid off by the employer. DO NOT send in a resignation letter. Try and get a "lay off" letter from your employer. That way you still keep your "intent" of working for your employer but the employer "reneged" on his intent on keeping you. If the employer takes you to court either he has committed fraud by reneging on his intent or you did not lose your "intent". Either way, YOU ARE SAFE.

How to Lose your Job in 10 days? ;) SO MANY WAYS, i wont even list them here. :D :cool: :p
 
The 20 years worked on temporary working visa (like H1 or L1) and technically it has nothing to do with the GC job position.
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Pralay, Mine is a labor substitute case. Non-concurrent I140 approved in 03/04 and 485 filed in 05/04. Since 485 is for future job, I should be able to leave the company now. Logically USCIS will continue my 485 processing as it is for future job and my employer cannot say that they have changed their intentions to employ me in future after GC approval.

Is there anything my employer or USCIS can do to stop my GC process.
 
LaborSubs said:
Pralay, Mine is a labor substitute case. Non-concurrent I140 approved in 03/04 and 485 filed in 05/04. Since 485 is for future job, I should be able to leave the company now. Logically USCIS will continue my 485 processing as it is for future job and my employer cannot say that they have changed their intentions to employ me in future after GC approval.
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You employer (GC sponsorer) can change their mind anytime during your GC process (starting from yout LC filing date to your I-485 approval date). They can revoke your approved I-140 anytime. But if your I-485 receipt date is more than 180 days past, revoking I-140 won't have any effect on your I-485 (therefore your GC) provided you have similar job (or job offer) in hand and your new employer (or to-be-employer) is willing to suport your GC process. You can use AC-21 in that scenario.

LaborSubs said:
Is there anything my employer or USCIS can do to stop my GC process.
Click to expand...

As I mentioned before, your employer can revoke your I-140. But if you have similar job (or job offer) in hand, your current employer cannot do much to stop your I-485.
 
Rajan123 said:
http://murthy.com/chatlogs/chat1206.html

Chat User : Dear Sheelaji, job changed in 2 months after I-485 approval. Will it create any problems later? New job is in the same field with similar responsibilities. Thank you.

Attorney Murthy : As mentioned many times before in various MurthyChat responses and in various articles on MurthyDotCom, the law requires a person to work for the sponsoring employer for a reasonable period of time AFTER obtaining the GC. The reason is that the GC is based on a future job offer. This is different from the law allowing a person to change employers under AC21 portability, and the original law has not been reconciled with this later provision of the law. So under the rules of statutory interpretation, the laws must be read harmoniously and not in conflict with one another. Any change in employers in less than 6 months to one year after obtaining the GC, could be considered tantamount to fraud, since the only reason that the government approved the LC/GC was based on the employee / foreign national agreeing to work on a full-time, permanent basis for that employer after obtaining the GC. By leaving the employer so soon after the GC approval, there may be problems down the road with potential fraud concerns, especially at the time of filing for citizenship.

Any Comments.........
Rajan
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It is just Murthy's comments. Until I see someone who is deported because he/she changes employer too soon, I will not buy this theory.
 
zyu said:
It is just Murthy's comments. Until I see someone who is deported because he/she changes employer too soon, I will not buy this theory.
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Who wants to be the first one? Anyone???? :)
 
pralay said:
Who wants to be the first one? Anyone???? :)
Click to expand...

No one in NYC wants to be the first one being killed in the next terrorist attack.
But does it mean that everyone should move out???
This is an after event world. We take sth. seriously if sth. happens. You can not sit there and invent all kinds of risks everyday. That is my point.
 
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