Potential job offer just after GC, 2+ months vacation question.

M

marlon2006

Registered Users (C)
This just happens to me. Read on:

Let's say my I-485 gets approved in November and I get a job offer from another employer offer at that time. There is a dream job offer potentially unfolding for me.

Imagine I leave my current GC sponsoring 30 days after getting GC approved, but I remain in the payroll for 2 more months since I still would be an employee on vacation. That's how it works in my company.

Technically speaking, I believe it would be OK for the USCIS since and I would have complied with the 30-60-90 days rule.

Any comments ?
 
Dude...

YOu seem to have PD of 2001 that too april.

What happened? Did you get GC already or are you still waiting? I know current dates are april 22 but I think few months ago it was april 30.

envision said:
counting your chickens before they are hatched? Don't mind me I am bored :D
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Simple answer: no one can you give a certain answer.
For safety's sake, I'd recommend that you stay 6 months, though there is no guarantee that six months is safe or that if you leave in November it might be harmful.
Such are the ways of USCIS...
 
I am not an expert at this. But If you were to use AC21 portability, wouldnt you be fine with moving into a similar or better job description? Then why can't cant you do the same after the gc is approved.
 
Since when asking a hypothetical question is counting your chicken eggs before they are hatched ? Wake up.

envision said:
counting your chickens before they are hatched? Don't mind me I am bored :D
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marlon2006.....if you want to play 100% safe........then stick with same employer for atleast 12 months after getting GC....

but if you dont mind fighting it out if USCIS makes a stink when you apply for your citizenship.....then you can quit your employer the day your 485 gets approved......for a dream job i will take that risk, after all life is short.....who cares about citizenship interview going to happen after 5-6 years....

correct me if i am wrong, but after we get GC we are done with USCIS unless we have to renew it or we need replacement card.....or we apply for citizenship, am i right????
 
Thanks Techy.
In my research before, it seems most lawyers (including Rajiv) makes a recommendation to stick with sponsor employer for 6 months. I have a friend who quit 6 months just after getting GC and went for a better paying job.

From researching I also understand that the only concrete case to this date regarding one leaving employer after GC is the one which triggered the 30-60-90 days rule. I will follow that one. 6 months is the longest I can wait, unless God Forbidden, I can't find other job.

Thanks again.




techy2468 said:
marlon2006.....if you want to play 100% safe........then stick with same employer for atleast 12 months after getting GC....

but if you dont mind fighting it out if USCIS makes a stink when you apply for your citizenship.....then you can quit your employer the day your 485 gets approved......for a dream job i will take that risk, after all life is short.....who cares about citizenship interview going to happen after 5-6 years....

correct me if i am wrong, but after we get GC we are done with USCIS unless we have to renew it or we need replacement card.....or we apply for citizenship, am i right????
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Long story. You might want to research other threads on leaving employer after GC; the idea is that the provision is clear before you get the GC. It is uncertain afterwards. It is crazy. Personally, I believe there is no big if you quit just after getting GC. However, I would not take the risk. I would wait 90 days at least. 1 year I won't wait. No way. I'd rather go to my home country instead.


jcgc said:
I am not an expert at this. But If you were to use AC21 portability, wouldnt you be fine with moving into a similar or better job description? Then why can't cant you do the same after the gc is approved.
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.. so how do you deal with this?

Let us imagine you get the GC and your current employer fires you.
-> Does this invalidate your GC?

How is then this different from quitting on your own voliation?

Land of the free etc. etc. etc.

Disclaimer: I am not a lawyer and no, I did not sleep at Holiday Express Inn last night either.
 
gc_retrogress said:
YOu seem to have PD of 2001 that too april.

What happened? Did you get GC already or are you still waiting? I know current dates are april 22 but I think few months ago it was april 31.
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Waiting to hear from NSC
:D
 
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marlon2006 said:
Long story. You might want to research other threads on leaving employer after GC; the idea is that the provision is clear before you get the GC. It is uncertain afterwards. It is crazy. Personally, I believe there is no big if you quit just after getting GC. However, I would not take the risk. I would wait 90 days at least. 1 year I won't wait. No way. I'd rather go to my home country instead.
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If you quit the day after, USCIS won't care until you need something from them like citizenship or green card renewal.

I know they like to dig up the past when you apply for citizenship ... I've heard of ridiculous requests like asking for the past six years worth of mortgage statements. But if you're willing to go back home rather than wait a year, you probably aren't too concerned about getting citizenship or not.

So the question for the floor is... if you are only renewing a green card or replacing a lost one, do they dig up the past in a similar manner as if you were applying for citizenship?
 
gc_retrogress said:
YOu seem to have PD of 2001 that too april.

What happened? Did you get GC already or are you still waiting? I know current dates are april 22 but I think few months ago it was april 31.
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April 31 ????
 
I think asking for the past six or five years of documentation makes sense, since one needs to demonstrate you have been in the country. I have no problems with that. There is a procedure and law showing that is the case.

From what I have been reading so far, leaving your sponsoring employer after 6 months is usually considered OK. That is an estimate. One could argue that 2 years is considered more solid. Again, there is no such law governing this.

If you ever came across a concrete case where citizenship was problematic due to leaving sponsoring employer early, please post details here. I recall I read a thread from a specific individual saying that he quit immediately after leaving GC. During his citizenship interview, he said that he quit and immigration officer did not say anything and granted him citizenship. Of course that may be a small sample, but again to this date I haven't seen anything concrete showing evidence to the contrary. That's why I think waiting 6 months maximum is my goal. Rajiv even made a comment on this forum that given the massive USCIS delays, it could be even harder for USCIS to argue about this issue in a court.

Jackolantern said:
If you quit the day after, USCIS won't care until you need something from them like citizenship or green card renewal.

I know they like to dig up the past when you apply for citizenship ... I've heard of ridiculous requests like asking for the past six years worth of mortgage statements. But if you're willing to go back home rather than wait a year, you probably aren't too concerned about getting citizenship or not.

So the question for the floor is... if you are only renewing a green card or replacing a lost one, do they dig up the past in a similar manner as if you were applying for citizenship?
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I was mainly asking about situations where you don't care about citizenship, but just want to renew the green card... will they dig deeply into your past or will they just renew it as long as you haven't committed a crime.
 
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