Porting to new company after GC

S

StillAlive

Registered Users (C)
Friends,

I know this question has been asked many times and pardon your patients.

I got GC on last month, now my project is coming to an end and as per company policy if they don't get a project they will terminate immediately, but when they get project they will rehire again.

Hypothetically, If I get a project on my self, down the line can I move to different employer or self. I want your opinion here

Option1: My friend company who wants to keep 2 dollar billing rate and make me as an employee of his company. I pay entire applicable taxes and headaches.

Option2: Open company on my spouse name and be an employee in that company.

I want to know which one of these option is good for my situation.

Thanks in advance for your input.
 
StillAlive said:
Friends,

I know this question has been asked many times and pardon your patients.

I got GC on last month, now my project is coming to an end and as per company policy if they don't get a project they will terminate immediately, but when they get project they will rehire again.

Hypothetically, If I get a project on my self, down the line can I move to different employer or self. I want your opinion here

Option1: My friend company who wants to keep 2 dollar billing rate and make me as an employee of his company. I pay entire applicable taxes and headaches.

Option2: Open company on my spouse name and be an employee in that company.

I want to know which one of these option is good for my situation.

Thanks in advance for your input.
Click to expand...

If you get terminated from job with GC sponsor, then you have nothing to worry about the period of employment after getting GC.
As a Permanent Resident, you can start your own company. It may look tough to do all the paper work for the applicable taxes for your company. But it is really easy. You can take the help of a CPA for this work.
You may decide whichever option is best for you! All the best!
Incidentally what is the resident since date on your GC?
 
StillAlive said:
Resident date on the GC is 08.23.2007 Is this the information you asked?
Click to expand...

Thanks for the info. Generally attorneys recommend that you stay with the GC Sponsoring Employer for 180 days from the resident since date. However they also say if you get terminated earlier, it is not your fault. Just keep a copy of the termination letter (in case any question is raised during citizenship interview).
 
Now I am going to be jobless, I would like to perceive MBA study in US without working for a while, since my spouse earn enough to pay our bills. Is it ok to join MBA course without work immediately after getting GC?
 
StillAlive said:
Now I am going to be jobless, I would like to perceive MBA study in US without working for a while, since my spouse earn enough to pay our bills. Is it ok to join MBA course without work immediately after getting GC?
Click to expand...
Depends on how long ago you applied for the I-485, how long ago you got your green card, and how soon you apply for citizenship (if ever). It doesn't look good to quit 2 weeks after getting the green card or 3 months after filing the I-485. But the longer you wait to apply for citizenship is the less they'll care about what your employment status was immediately upon getting the green card (the N-400 only asks for the past 5 years of employment history, although the officer can ask you about the years before that at the interview).
 
Need advice from Jackolantern and others

Jackolantern said:
Depends on how long ago you applied for the I-485, how long ago you got your green card, and how soon you apply for citizenship (if ever). It doesn't look good to quit 2 weeks after getting the green card or 3 months after filing the I-485. But the longer you wait to apply for citizenship is the less they'll care about what your employment status was immediately upon getting the green card (the N-400 only asks for the past 5 years of employment history, although the officer can ask you about the years before that at the interview).
Click to expand...

I posted on the "changing job after GC, .." on this subject. However, the comment from Jackolantern here has somewhat clarified my questions.
My situation is that I may be getting the GC soon and a very good opportunity may be coming up for me with a new company. But I'm probably
not going to be able to take it if I need to stay with the sponsoring company
for 6 mo's.
I've been with the sponsoring company a few struggling years so far. My question is that "should I take the risk of changing job about 3 mo's after I485 approval?"
What consequence could it be (worst case)? Has anybody ever lost his/her
GC because of this? Jackolantern's comment seems to suggest that it's only
going to delay the naturalization process. If that's the risk, I'm likely to take
it. Could you please let me know how you get this info? If it's involved a competent lawyer, I'd like to have this info if possible. I don't mind paying a reasonable lawyer fee but finding the right lawyers could be a problem.
Thanks in advance.
 
One more question.

If I change job and move, I need to report the address change to the USCIS.
How likely can I get into trouble then?
Thanks.
 
ptdup said:
I've been with the sponsoring company a few struggling years so far.
Click to expand...
How long have you been with them after filing the I-485? AC21 makes it clear that you can port to another company after 180 days, while the I-485 is still pending.

What is not so clear is what you can do soon after getting the green card. AC21 portability does not mean you are a free bird; you still need a sponsor, which will be the new employer who hires you into a "same or similar" job. The premise of the employment-based GC is that you intend to work for the sponsoring employer indefinitely after getting the green card; AC21 portability only changes the employer you intend to work for after the green card.

So if your GC is still pending and it has been 180 days since filing the I-485, take the job offer now. Then stick with that new employer for at least 6 months after the GC.

USCIS does not actively hunt down people who leave their employers rapidly. They almost certainly aren't going to know or care about your job movements unless the original employer complains, or you apply for citizenship, or you put yourself in a position where your immigration status is scrutinized (e.g. commit a major crime or spend more than 6 months outside the US without a re-entry permit).
 
ptdup said:
If I change job and move, I need to report the address change to the USCIS.
How likely can I get into trouble then?
Thanks.
Click to expand...
Very unlikely. The staff processing the form AR-11 don't have the time or interest to scrutinize your job movements. AR-11 only asks for your current employer, and they'd have to do extra work to know that your current employer isn't the same as the sponsoring one.
 
clarification

Jackolantern,
Thanks for your responses. However, I was actually referring to the case if I
change job after getting the GC, not the AC21. In other words, if I get the
GC and it's 180 days after I485 rd, how much risk do I take if I change job
3 months after GC?
Is it only going to delay the naturalization process?
Or do I risk losing the GC?
Thanks again.
 
ptdup said:
Jackolantern,
Thanks for your responses. However, I was actually referring to the case if I
change job after getting the GC, not the AC21. In other words, if I get the
GC and it's 180 days after I485 rd, how much risk do I take if I change job
3 months after GC?
Is it only going to delay the naturalization process?
Or do I risk losing the GC?
Thanks again.
Click to expand...
The validity of your employment-based GC is not going to be scrutinized until and unless at least one of the following happens:

- You commit a crime.
- You stay outside the US very long without a re-entry permit.
- Your sponsoring employer complains to USCIS.
- Your sponsoring employer or lawyer is charged with immigration fraud, such as the selling of labor certifications.
- Your green card was issued in error.
- You apply for a GC for your spouse (even here, they are going to be far more concerned about the validity of your marriage than what happened with your job).
- You apply for citizenship.

As far as the naturalization process is concerned, it is not that changing jobs too soon would delay the process; it is that it might be wise for you to delay applying so it won't be obvious that you left the sponsoring employer very quickly. If you apply immediately at the 5-year mark, it would be obvious from the 5-year employment history that is listed on the application that you left very shortly after getting the green card.
 
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Risk

Thanks Jackolantern. I appreciate your response.
According to your response, the most uncontrollable problem for me is that
the sponsoring company complains to USCIS. It's hard to tell if they'll do it.
If I leave 3 mo's after GC and they complain, what is the prospect for me? Can you tell?
Thanks again.
 
Employers rarely ever complain to USCIS about this. They have very little to gain if they do.

If they do, all I can say is get a lawyer and be prepared to spend some money to defend your green card if the USCIS takes them seriously.
 
One more question

Jackolantern said:
Employers rarely ever complain to USCIS about this. They have very little to gain if they do.

If they do, all I can say is get a lawyer and be prepared to spend some money to defend your green card if the USCIS takes them seriously.
Click to expand...

Thanks again. I just wanted to weigh risks and rewards.
One more question, please.
If instead I transfer to another office within the same company, does my problem go away? Can the sponsoring office cause any problem (complain)?
At the moment, I'm not sure what my current boss' reaction will be. So, I'm
considering various options.
I may try to transfer within the same company if it reduces the risk.
Thanks very much.
 
ptdup said:
Thanks again. I just wanted to weigh risks and rewards.
One more question, please.
If instead I transfer to another office within the same company, does my problem go away? Can the sponsoring office cause any problem (complain)?
Click to expand...
If the company decides to transfer you, (1) they are not going to allow anybody within the company to take actions that would jeopardize your green card and (2) if something is wrong with transferring you, the company would be incriminating themselves by complaining to USCIS, and (3) you probably have a greater chance of being struck by lightning than getting in trouble with USCIS for moving to another position in the same company, even if USCIS finds out about it.
 
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