Muthy's comment's about changing job after GC

[Rajan123]

The below is a copy of my comments in another thread in the "Life after GC" forum.

I think that while discussing the job change (after GC) issue, many people do not see an important point. ....

I totally agree with you! As you said USCIS has thought about this issue and that they express using fuzzy(USCIS trademark) phrases like unless there is good cause for termination
"....in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination"
It is my opinion that, if switching jobs will be an issue in citizenship process one can argue that it is not tantamount to fraud but misinterperation of USCIS wording.
Rajan

 

[GC_candiadate]

thanks for sharing ! Indeed very good discussion! Just following up on MD_ Rock

dsatsh/rajan123

Is this an option ?? they deny citizenship but allow you to continue as GC

Even if citizenship is refused, GC is still valid right ? One can re-appeal citizenship application..

 

[Rajan123]

dsatsh/rajan123

Is this an option ?? they deny citizenship but allow you to continue as GC

I beleive if citizenship is refused GC also will be gone! If you don't go for the citizenship, during the GC renewal( after 10 years) one might have a problem (if switiching job is the problem!!!)
Rajan

 

[dsatish]

I beleive if citizenship is refused GC also will be gone! If you don't go for the citizenship, during the GC renewal( after 10 years) one might have a problem (if switiching job is the problem!!!)
Rajan

Not as a rule. It goes case by case and the reason for denial of citizenship and also depends on the officer. In some cases we have seen that a person's citizenship is denied without affecting his GC status.

As for what happens to GC if citizenship is denied due to job change, i have no answer because we have not come across a single case where some one was denied citizenship solely on this issue. Even the lawyers who are giving a cautious advise on this issue, were not able to cite any case till date where citizenship is denied due to job change.

 

[MD_Rockville]

Not as a rule. It goes case by case and the reason for denial of citizenship and also depends on the officer. In some cases we have seen that a person's citizenship is denied without affecting his GC status.

As for what happens to GC if citizenship is denied due to job change, i have no answer because we have not come across a single case where some one was denied citizenship solely on this issue. Even the lawyers who are giving a cautious advise on this issue, were not able to cite any case till date where citizenship is denied due to job change.

right..stay away from "scare tactic" to make money

 

[compass]

folks...is that possible if citizenship is denied (whatever reason..poor knowledge of US hystory?..) they will withdraw one's GC??? what do you do thenn.. leave US immediately????

 

[MD_Rockville]

citizenship denial and gc denial is heavy concept with no live soul suffering..unless gc appliccation was a fraud..why should one resign the very next day after getting gc ( unless this job is with microsoft )..after gc take a vacation. go to home country ....come back..put your resume..do no work ..use all sick leaves..kill 90 days and then kick the a** of employer ( if you hate him ) ..there is no urgency to run away next day you get gc.. nothing BIG is going to happen in 90 days..

when you run to get hold of your life you leave your life behind

 

[dsatish]

folks...is that possible if citizenship is denied (whatever reason..poor knowledge of US hystory?..) they will withdraw one's GC??? what do you do thenn.. leave US immediately????

Asi said, if citizenship is denied due to some fraud committed for getting the GC, then only they will be deported, otherwise, in most cases citizenship denial does not affect GC status.

 

[OmGV]

It would be nice if we have had real experiences either way.

Obviously these various concepts are little early to test.

Except for recent times most people earlier would have stuck with their company. But I guess within the next very few years we would have quite a bit of data.

In the meantime
- If possible get laid off.
- If not do proper documenatation/explanation, when applying
- Take your time in searching for the job and give it the 6 months.
- Worst case, don't care, take the risk and deal with it as needed.

Either way as Sathish mentioned, it doesn't impact ur current GC, atleast hopefully it shouldn't as it not keeping up with the intent, could also be construed as fraud. But then, we can explain that we misunderstood the explanation as there is not clear cut law.

 

[pralay]

right..stay away from "scare tactic" to make money

The argument could be other way too.
It's lot easier to make more money when an attorney takes up a denial case to immigration court. Think about the instances GC interviews - where attorney charges/charged four digit $$$$ for attending half-hour interview. So if some attorney advises to stay way from criminal activity (shop-lifting, drunk driving etc), will that be "scare tactics" to make money?

 

[vikuma]

What about my case?

Guys,

I gave my resignation just a weeks before I got approved.
in other 2 weeks i must leave the current company.

I might do the stamping before my last day.

What do you think?

Thanks

 

[Rajan123]

The argument could be other way too.
It's lot easier to make more money when an attorney takes up a denial case to immigration court. Think about the instances GC interviews - where attorney charges/charged four digit $$$$ for attending half-hour interview. So if some attorney advises to stay way from criminal activity (shop-lifting, drunk driving etc), will that be "scare tactics" to make money?

My thought about the reason for lawyers playing safe in this issue( for that matter any other) is if there is a problem- down in the future -people might implicate so and so lawer has advised me to do so. I feel lawyers want to avoid that.
Rajan

 

[zyu]

I beleive if citizenship is refused GC also will be gone! If you don't go for the citizenship, during the GC renewal( after 10 years) one might have a problem (if switiching job is the problem!!!)
Rajan

pls. don't spread out this kind of misleading message. one of course can keep his US permanent residence, and at the same time hold the citizenship of his own country. many many people did this.

 

[MD_Rockville]

pls. don't spread out this kind of misleading message. one of course can keep his US permanent residence, and at the same time hold the citizenship of his own country. many many people did this.

agree. I know a few continuing on GC for 33 years..

 

[dsatish]

It would be nice if we have had real experiences either way.

Obviously these various concepts are little early to test.

Except for recent times most people earlier would have stuck with their company. But I guess within the next very few years we would have quite a bit of data.

In the meantime
- If possible get laid off.
- If not do proper documenatation/explanation, when applying
- Take your time in searching for the job and give it the 6 months.
- Worst case, don't care, take the risk and deal with it as needed.

Either way as Sathish mentioned, it doesn't impact ur current GC, atleast hopefully it shouldn't as it not keeping up with the intent, could also be construed as fraud. But then, we can explain that we misunderstood the explanation as there is not clear cut law.

Good one. I fully agree.

 

[dsatish]

My thought about the reason for lawyers playing safe in this issue( for that matter any other) is if there is a problem- down in the future -people might implicate so and so lawer has advised me to do so. I feel lawyers want to avoid that.
Rajan

perfectly correct.

 

[dsatish]

Guys,

I gave my resignation just a weeks before I got approved.
in other 2 weeks i must leave the current company.

I might do the stamping before my last day.

What do you think?

Thanks

You won't be affected. All we need is keep some sort of documentation to support our explanation at the time of citizenship.

 

[Rajan123]

pls. don't spread out this kind of misleading message. one of course can keep his US permanent residence, and at the same time hold the citizenship of his own country. many many people did this.

Please read my previous messages to understand what I mean! I never meant holder of GC can't be citizen of his own country.
What I wrote was during the american citizenship processing if USCIS founds out
that you had received the GC by fradulant means your GC may be revoked.
Rajan

 

[divakarap]

I am asking question on behalf of my friend currently in India.

I am asking question on behalf of my friend currently in India.

My friends 485 petition is in process with VSC under EB2. (ND: Dec’03). I-140 Approved about 9 months ago.

His 485 LUD was changed twice in the last 10 days, but decision not yet taken.

Now he is likely to get excellent job offer. Almost everything went through, waiting for written confirmation from HR. Due to holidays, things getting delay.

Few days ago, we got a question….Suppose if his GC was approved before he got job offer, where he stands?

As per Sheela Muthy’s comments in this thread, after approval of 485, we should work for the sponsored employer for a reasonable time otherwise INS considers it as tantamount fraud.

Basically his employer (who sponsored GC) is co-operative to him. His employer has multiple companies in the similar consulting business. To get dual advantage (GC Approval & Good Job), is he wants to avail AC-21 portability clause by moving from Company A (GC Sponsored Company) to Company B (But some of the directors are common in Company A & B).

On receipt of Job offer (from Company C), again he will go to new company C.

How it works out? Any legal problems involved in this? How it effects for his Citizen ship? Any disadvantages if we avail AC-21 portability?

In the worst case scenario, after he availed AC-21 portability and INS asks for his employment verification letter, he will submit letter from Company B. On submission of this letter From Company B, he was again brined for 6-12 months to Company B. So that time, Company B layoff this guy.

What is the procedure to avail AC-21 Portability? GC Sponsored Company A / New Company B needs to intimate to INS?


Really appreciate your suggestions in this issue….

 

[Rajan123]

Hi!Divakarap!
My situation is unlike your friend's- which is hypothetical - my I-485 got approved during the interview process for a new job.
One good thing is that I have a offer letter for the new job which dates prior to my I-485 approval. If I come across a problem any time e.g. citizenship I am palnning to show the offer letter to prove my intention to use AC21.
Your friend also can do the same thing. But it is not guarantee that it is going to work as USCIS language is murky in this regard.
Hope it helps
Rajan