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Primary GC approved, derivative not yet---can primary switch employer?
- Thread starter smile_all
- Start date
Not a good idea...
If the primary's has been approved for more than 6 months then its ok to move.
If not, you can still move but may have to answer "why you left the employer so soon after your GC" at the time of naturalization.
Primary GC approved (EB3), 485 approved, Permanent Resident Card received.
Derivative (Secondary) not approved yet, on EAD/AP.
Can primary switch employers? Will it cause any issues to the derivative petition?
Thanks
smile_all
If the primary's has been approved for more than 6 months then its ok to move.
If not, you can still move but may have to answer "why you left the employer so soon after your GC" at the time of naturalization.
vvvunlucky
Registered Users (C)
pururwa,
1. Do you think it's really an issue after waiting for 6 years for Green Card?
2. How this rule applies when people shift jobs with AC21 portability?
3. Do you need to stick to the current employer at the time of I-485 approval, even the employer is not the sponsered employee for the Green Card?
I some how feel, there is a disconnect here. You can change jobs before the Green Card approval with AC21 portability and not after getting it even your current employer is not your original employer who initiated your GC?
1. Do you think it's really an issue after waiting for 6 years for Green Card?
2. How this rule applies when people shift jobs with AC21 portability?
3. Do you need to stick to the current employer at the time of I-485 approval, even the employer is not the sponsered employee for the Green Card?
I some how feel, there is a disconnect here. You can change jobs before the Green Card approval with AC21 portability and not after getting it even your current employer is not your original employer who initiated your GC?
If the primary's has been approved for more than 6 months then its ok to move.
If not, you can still move but may have to answer "why you left the employer so soon after your GC" at the time of naturalization.
Staying 6 months is safer.
As per theory you are right.
But how USCIS will react for these kind of cases in next few years is million $ question.No one knows clearely about this as of now.
so staying for 6 months with employer after getting GC is safer in my opinion.
As per theory you are right.
But how USCIS will react for these kind of cases in next few years is million $ question.No one knows clearely about this as of now.
so staying for 6 months with employer after getting GC is safer in my opinion.
pururwa,
1. Do you think it's really an issue after waiting for 6 years for Green Card?
2. How this rule applies when people shift jobs with AC21 portability?
3. Do you need to stick to the current employer at the time of I-485 approval, even the employer is not the sponsered employee for the Green Card?
I some how feel, there is a disconnect here. You can change jobs before the Green Card approval with AC21 portability and not after getting it even your current employer is not your original employer who initiated your GC?
If the primary's has been approved for more than 6 months then its ok to move.
If not, you can still move but may have to answer "why you left the employer so soon after your GC" at the time of naturalization.
Why will the primary be asked this question, he is already approved and done?
What do you mean by 'at the time of naturalization'?.
Why will the primary be asked this question, he is already approved and done?
What do you mean by 'at the time of naturalization'?.
at the time of naturalization -- when you apply for citizenship.
Waiting for a substantial amount of time (6 months according to multiple lawyers opinion) is a safe bet.
AC21 applies before an approval. Once you are approved you must stick to the sponsoring employer for a substantial amount of time and overcome the "burden of intent". It is considered a fraud if you quit your employer immediately after an approval as Employment GC is always for a future job.
at the time of naturalization -- when you apply for citizenship.
Waiting for a substantial amount of time (6 months according to multiple lawyers opinion) is a safe bet.
AC21 applies before an approval. Once you are approved you must stick to the sponsoring employer for a substantial amount of time and overcome the "burden of intent". It is considered a fraud if you quit your employer immediately after an approval as Employment GC is always for a future job.
Please clarify
OK this means that the primary MAY have issues why applying for citizenship?
Also there is no AC21 in his case, was always with the same sponsorer employer. So even in this case does the primary supposed to stick with the sponsorer for a substantial period after GC approval?
Also all this has nothing to do with the secondary (derivative) petition, meaning it will not cause any issue in the derivative approval as the question will be asked only at the time of naturalization and that too only to the primary?
Please clarify
OK this means that the primary MAY have issues why applying for citizenship?
Yes. Again "MAY" is the key word here.
Also there is no AC21 in his case, was always with the same sponsorer employer. So even in this case does the primary supposed to stick with the sponsorer for a substantial period after GC approval?
I understand you were with the same employer and there is no AC21. Its the amount of time after your approval which is significant. As I have said in my earlier posting, GC is always for a future job and you must overcome the 'burden of intent'. You can only overcome that by staying with the sponsoring employer for a substantial period of time after your approval.
Also all this has nothing to do with the secondary (derivative) petition, meaning it will not cause any issue in the derivative approval as the question will be asked only at the time of naturalization and that too only to the primary?
Answers in Blue
at the time of naturalization -- when you apply for citizenship.
Waiting for a substantial amount of time (6 months according to multiple lawyers opinion) is a safe bet.
AC21 applies before an approval. Once you are approved you must stick to the sponsoring employer for a substantial amount of time and overcome the "burden of intent". It is considered a fraud if you quit your employer immediately after an approval as Employment GC is always for a future job.
It's not you have to work with the sponsered employer after approval, if you have changed employer(s) already using AC21 then it's better to stay with that employer(currently who are working with) for 6 months.
and also these are not mandatory but prefferable and if you don't care about citizenship then doesn't matter how long.
PD : Aug 2003
I-140/I-485 RD: Dec 2003
FP1 Jan 2005
FP2 May 2007
I-485 LUD's : 08/07/07, 08/08/07, 08/14/07, 08/15/2007, 08/16/2007, 08/26/2007, 08/29/2007, 08/30/2007
I-485 AD: 08/15/2007
I-485 : 08/30/2007 CARD PRODUCTION ORDERED
Wife's case:
PD : Aug 2003
I-140/I-485 RD: Dec 2003
FP1 Jan 2005
FP2 May 2007
I-485 LUD's : 05/15/2007
I-485 AD: ????
It's not you have to work with the sponsered employer after approval, if you have changed employer(s) already using AC21 then it's better to stay with that employer(currently who are working with) for 6 months.
and also these are not mandatory but prefferable and if you don't care about citizenship then doesn't matter how long.
PD : Aug 2003
I-140/I-485 RD: Dec 2003
FP1 Jan 2005
FP2 May 2007
I-485 LUD's : 08/07/07, 08/08/07, 08/14/07, 08/15/2007, 08/16/2007, 08/26/2007, 08/29/2007, 08/30/2007
I-485 AD: 08/15/2007
I-485 : 08/30/2007 CARD PRODUCTION ORDERED
Wife's case:
PD : Aug 2003
I-140/I-485 RD: Dec 2003
FP1 Jan 2005
FP2 May 2007
I-485 LUD's : 05/15/2007
I-485 AD: ????
I did not change employer at all after the petition, meaning no AC21 at all, so since there is no AC21 can I switch employer after GC approval within 6 mos.?
and also if the derivative/secondary of this petition is not approved yet , does changing the employer effect the adjudication of the derivative?
Last edited by a moderator:
MD_Rockville
Registered Users (C)
should not change for 6 months ... http://www.murthy.com/news/n_risres.htmlI did not change employer at all after the petition, meaning no AC21 at all, so since there is no AC21 can I switch employer after GC approval within 6 mos.?
should not change for 6 months ... http://www.murthy.com/news/n_risres.html
Again, this article talks about AC21-portability, I have no AC21.
I already changed my employer after 90 days after GC approval. For Citizenship application if you left the employer before 90 days, USCIS considers not a substantial time spent as full time employee.
Primary GC approved (EB3), 485 approved, Permanent Resident Card received.
Derivative (Secondary) not approved yet, on EAD/AP.
Can primary switch employers? Will it cause any issues to the derivative petition?
Thanks
smile_all
Well, then lawyers recommend keeping the letter that they laid you off...as proof that you didn't abandon the GC process...
The problem is with GC - it's for Permanent Residence - to engage in Permanent Employment
Now, the question how long should one job be - to prove that it was permanent....as per AC21 ...6 months was thought to be enough!!
But, yep, it's open for interpretation....but 3 months - 6 months is generally considered a good time! I hope 3 months is good enough!
The problem is with GC - it's for Permanent Residence - to engage in Permanent Employment
Now, the question how long should one job be - to prove that it was permanent....as per AC21 ...6 months was thought to be enough!!
But, yep, it's open for interpretation....but 3 months - 6 months is generally considered a good time! I hope 3 months is good enough!
Should one still apply for AC21 after receiving GC to avoid that question about why one left sponsor before 6 months or a year?
Thanks,
Hee Hee....AC21 law only applies to scenarios - before 485 approval.....
The law does not apply to scenarios after GC approval....
Remeber, before AC21 - lawyers were telling employees to stay with employer for 2 years or more , even after getting GC! Those were crazy times!
vvvunlucky
Registered Users (C)
Doesn't make sense.
It doesn't make sense if you can't switch employer (even this employer is not your sponserer) for 6 months after getting GC. There should be certain time frame given to stay with the same employer before or after GC approval.
In my case, I am with the same sponsered employer for 6 and 1/2 years, and waiting to switch job from the last 2 years. Why can't I leave immediately If I get my Green Card because I have already served so many years for my sponsered employer. Not making sense at all.
It doesn't make sense if you can't switch employer (even this employer is not your sponserer) for 6 months after getting GC. There should be certain time frame given to stay with the same employer before or after GC approval.
In my case, I am with the same sponsered employer for 6 and 1/2 years, and waiting to switch job from the last 2 years. Why can't I leave immediately If I get my Green Card because I have already served so many years for my sponsered employer. Not making sense at all.
StillAlive
Registered Users (C)
I will be out of job after 1 month of GC approval and I am planning to take 2 months of unpaid vacation, is this consider as a valid 3 months duration after GC approval.
What are the supporting documents required to prove the intent.
I might have 2 or 3 biweekly pay stubs after GC approval and W2 for this year. Do we need any proof from employer side, just to be on safer side.
What are the supporting documents required to prove the intent.
I might have 2 or 3 biweekly pay stubs after GC approval and W2 for this year. Do we need any proof from employer side, just to be on safer side.
Well, then lawyers recommend keeping the letter that they laid you off...as proof that you didn't abandon the GC process...
The problem is with GC - it's for Permanent Residence - to engage in Permanent Employment
Now, the question how long should one job be - to prove that it was permanent....as per AC21 ...6 months was thought to be enough!!
But, yep, it's open for interpretation....but 3 months - 6 months is generally considered a good time! I hope 3 months is good enough!
MD_Rockville
Registered Users (C)
GC is future job. Time starts as soon as you are approved.
Does not matter if you worked for 10 years on one day for the employer before GC approval. 6 month is safe to cover fraud "intent". 90 day is OK as well, though little aggressive. A good USCIS lawyer can prove that you started the job hunt within 30-60 days after getting GC.
PS: don’t forget that consulate processing does exists, and you start with employer after getting GC
Hope this help.
Does not matter if you worked for 10 years on one day for the employer before GC approval. 6 month is safe to cover fraud "intent". 90 day is OK as well, though little aggressive. A good USCIS lawyer can prove that you started the job hunt within 30-60 days after getting GC.
PS: don’t forget that consulate processing does exists, and you start with employer after getting GC
Hope this help.