Recently I spent a lot of time researching on topics on leaving employer after green card. I summarized here, hopefully it could help somebody who are still in a decision mode.
1. There does exist a law case where USCIS was trying to rescind GC for leaving employer too soon.
Contrary to some people's expectation to a future law suits to define a clear-cut time line, a similar case already exists, though may not be able to define any clear-cut line. In the 80s, an immigrant came on EB-sponsored green card and worked one day & left. The angry employer sued him. The immigration judge ruled in employee's favor, however, because he claimed that the work condition he had was not as promised.
2. The whole argument of time line is focused on proving the "real" intent. Though cases on intent on EB-sponsored GCs are extremely rare, law cases on other intent-related matters could play a "similar" argument. One commonly used intent-definition rule on immigration matters is visa fraud. For example, on the second day a person came on B1/B2 visa, he married a US citizen and filed an immigration petition. Such an immigration petition will be denied based on visa fraud.
That means, time does matter. One leaves employer the 2nd day after green card raises a read flag. However, AC21 gives some hint on AOS applicants as to when the clock for intent starts tickling as well as the sufficient time frame to prove the intent. It looks like intent starts when one submits the 485.
As we all know when the USCIS approves GC is not within one's control. If, say, it takes USCIS 3 years to approve 485, does USCIS still expect the person to have the intent to work for the sponsor at the time of approval? Clearly not! That's why congress say after 180 days you are free to change your mind. And if congress say after 180 days you can change your mind, why you cannot change your mind 300 days? simply because your GC is approved on 299 days? That absolutely makes no sense to me! While some may argue many things do not make sense in the immigrations. However, you have to agree that non-sense only exist to some extent and generally there are some common senses in the immigration laws. If things are too absurd, it will not hold in the law let alone court.
For people who get their GC through CP, the starting time for intent count may be a different story.
There are some court rulings on intent, not necessarily in immigration matters. 30-60-90 days rules are commonly used. Basically if one changes mind in 30 days, it could be deemed as fraud. 60 days, maybe. Over 90 days, it could not be used in court as intent fraud.
So I guess, 90 days times a conservative factor of 2. Work 180 days after GC will be totally safe.
I'm not a lawyer, just my 2cents.
1. There does exist a law case where USCIS was trying to rescind GC for leaving employer too soon.
Contrary to some people's expectation to a future law suits to define a clear-cut time line, a similar case already exists, though may not be able to define any clear-cut line. In the 80s, an immigrant came on EB-sponsored green card and worked one day & left. The angry employer sued him. The immigration judge ruled in employee's favor, however, because he claimed that the work condition he had was not as promised.
2. The whole argument of time line is focused on proving the "real" intent. Though cases on intent on EB-sponsored GCs are extremely rare, law cases on other intent-related matters could play a "similar" argument. One commonly used intent-definition rule on immigration matters is visa fraud. For example, on the second day a person came on B1/B2 visa, he married a US citizen and filed an immigration petition. Such an immigration petition will be denied based on visa fraud.
That means, time does matter. One leaves employer the 2nd day after green card raises a read flag. However, AC21 gives some hint on AOS applicants as to when the clock for intent starts tickling as well as the sufficient time frame to prove the intent. It looks like intent starts when one submits the 485.
As we all know when the USCIS approves GC is not within one's control. If, say, it takes USCIS 3 years to approve 485, does USCIS still expect the person to have the intent to work for the sponsor at the time of approval? Clearly not! That's why congress say after 180 days you are free to change your mind. And if congress say after 180 days you can change your mind, why you cannot change your mind 300 days? simply because your GC is approved on 299 days? That absolutely makes no sense to me! While some may argue many things do not make sense in the immigrations. However, you have to agree that non-sense only exist to some extent and generally there are some common senses in the immigration laws. If things are too absurd, it will not hold in the law let alone court.
For people who get their GC through CP, the starting time for intent count may be a different story.
There are some court rulings on intent, not necessarily in immigration matters. 30-60-90 days rules are commonly used. Basically if one changes mind in 30 days, it could be deemed as fraud. 60 days, maybe. Over 90 days, it could not be used in court as intent fraud.
So I guess, 90 days times a conservative factor of 2. Work 180 days after GC will be totally safe.
I'm not a lawyer, just my 2cents.
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