Post AC21 why is not ok to change employers after GC?

W

wait_and_wait

Registered Users (C)
I seriously doubt what JoeF and others have posted, quouted, and re-quoted regarding the time you need to stay with the employer after you get the GC.
Under the AC21 portability if it is ok to switch after the 485 has been pending for 180 days why is it not ok to switch once you get the GC?

USCIS website clearly states
"Now that you have become a Permanent Resident of the United States we would like to welcome and congratulate you on your accomplishment. Some of you came to the United States as immigrants through a relative or through an employer. Some of you came as refugees or were given asylum status. And some of you came through other programs, like the Diversity Visa Lottery. But now that you are Permanent Residents you all share the same status. You have certain rights and certain responsibilities as Permanent Residents."
- meaning that they are not distinguishing between family(marriage based GC is conditional anyway) and employment based GC holders.

"Rights
* To live permanently in the United States provided you do not commit any actions that would make you removable (deportable) under the immigration law (section 237, Immigration and Nationality Act).
* To be employed in the United States at any legal work of your qualification and choosing."
- meaning that it should be ok to change employers anytime after you get the GC.

Let me know your thoughts.
 
The question present is tricky when it come to GC through employers, Yes there are many people who change jobs and have no issues , however, it is a case by case decision. Usually the safe period is one year , but 6 months is also doable. There is a thought of legal interpretation that states that "permanent" in the term LPR in employment cases means intent to stay permanently or or some extent of time with the employer. They say that if you lose a job after your GC of no fault of your you ok . However, they object to quiting the next day.

So my friend I would recommend staying put for atleast 6 months before accepting any other job. Else get a lawyer and he will tell you the same with a $ 1K donation to his children college fund. ;)
 
What u said makes sense.

But in a case where employer A files the GC paperwork and employee uses AC21 to move to employer B.
Now once his GC is approved :
1.does he have to rejoin employer A or
2.stick with employer B for 6 months to 1 year or
3.can move to employer C without any restriction on job type and pay.

If you pick 1. X
If you pick 2. If employer A was the one who filed all the paperwork, responded to RFEs regarding 'Ability to pay' etc Why does the employee have to stay with B.
If you pick 3. isnt it the same situation as leaving employer A immidiately after getting GC without invoking AC21
 
Last edited by a moderator:
I spoke to my GC lawyer (after just recently my I-485 is apporved and I got plastic cards) and he said there shouldn't be any problem if you change employer after you get GC plastic cards. The problem he mensioned is with cases where the person goes to local office for stamping and tries to changes address before getting plastic cards (in case where the plastic card takes time to come), in which case the USCIS may suspect; which he says even this is slim chance. he normally says 1-3 months stay with sponsoring company is OK.

YMMV.
 
Why don't you people read threads on this forum before posting a new one? We have debated this issue several times and concluded that you can change jobs immediately after getting GC but you should be ready to answer questions about intent. About using AC21: Employer B becomes your new sponsor and you should stay with him after getting GC.
 
You must log in or register to reply here.
Top