Question for gurus and UN on leaving employer after getting GC

[sfmars]

Whatever

I think you are missing the point or I am not articulating correctly.

If you want to increase the cap; then there has to be a reason for it.

Reason that you allowed more temporary workers in the country and that there should be an offsetting increase in greencard quota is one of those double negatives.

Since there is pressure on h-1b and people think it is getting abused; it may go the other way; ie., curtail h-1b.

To increase the quota companies (sponsors) have to have reason to increase it. A pretty good reason would have been that I want xx person permanently but because of six year limitation, he has to leave and I cannot get his services and I can't find anyone else and it doesn't make any sense that I want someone permanently but they have to leave. Therefore, please increase the cap so I don't get harmed in this way.

However, ac21 allowed the extensions beyond six years so it took away a pretty powerful argument that could have been used by employers and employees.

So... What is your point ? AC21 caused retrogression and needs to be stopped ? Without AC21 employers had power to make some people happy with fast green cards ? I clear remember 1999/2000 when people could not get I140 approval for 2-3 years and finally had to leave for original countries.
BTW could you remind me when powerful employers made Congress increase EB quota before AC21 took place ?

I just said general statement, today's situation is different than it was 10 years ago. 140K of EB visa was good ten years ago but today needs to be adjusted based on the current realities. It does not matter if it is big number of current or future H1B workers, EADs waiting for PD to be current, 245i, nurses to serve aged out baby boomers.... Whatever ...., EB quota needs to be increased.

However those who says retro is called by H1 extended beyond 6th year at least short-sighted

 

[tusharvk]

This should happen; as a prospective citizen of this country, the legal EB immigrants should seek to remove abuses in the system (regardless the stage of immigration they are at).
EB Immigration should be at best viewed as temporary way to fill up whatever skill sets the employers desire and are not being made available by the educational system in this country. Improving the educational system so that whatever skills are required by the economy are available in the labor pool (citizens of this country) should be the long term solution.

People/government want to have border enforcement to stop illegals then they will do something with comprehensive immigration reform. There will be a very hard look at how people are also getting employment base immigration with the scrutiny being turned up several notches. People aren't going to like what will happen.

 

[desi3933]

ok to leave


Please refer to Question 10 (Page 4) of this document
http://www.immigration.com/newsletter1/amendac21.pdf

Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

The signatures (of employee and employer) reflect the employment intent at the time of application. That intent is the only requirement. Intent can, of course, change over time. 180 days (after I-140/I-485 filing) may be a reasonable perios to argue that intent has changed.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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[desi3933]

This covers only changing jobs before greencard gets approved.

Back in 2003 before USCIS wrote their memos; the rumor was that uscis position was going to be after 6 months one was free and clear (didn't have to show same/similar job). Obviously, the rumor didn't come to fruition.

Nonetheless this issue has been covere hundreds of times with many people getting very, very upset over this. One one hand you have the people who left early and will try to justify why one can leave early (obviously they have already done it; so they are not going to say it was wrong); and then there are those people who have stuck around because they were afraid and want to justify their reasons.

You are right. The areas for changing jobs after getting GC is gray. Probably it is reasonable to assume that intent can change, especially if there is long time after I-485 application date. May be it is easier to argue if the new job is in simlar field (kinda AC21 after GC). If AC21 can be applied before GC approval, why not after getting GC.

I don't know if this is right or not. Just my 2 cents.

PS: I am still with the same the employer after more than 4 years of GC approval. I am still enjoying and no reason to jump


Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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[desi3933]

What if I plan to switch job before I get GC by using AC21, after I get an offer and set a start date with new employer (this is totally legal based on AC21 rule), but my GC is approved before the start date of new employer?

It is probably reasonable to argue, since the job offer was made and accepted (even if employee joins at a later date) BEFORE I-485 approval date, AC-21 can be used.

Would this be a problem, assuming the new job is in same or similar field as old job?

Probably in the same/similar field with same/similar job duties.

Actually, I have got offers from two big IT companies, and I am planning to leave the current company right after (maybe one or two months depending how long the offer can be extended) I get my GC. In case in the future I will be questioned about why I switch job so quick after the GC, I want to throw out this theory that I in fact want to switch job by using AC21, somehow, the GC is approved before I join the new company.
UN: Could you comment on this? Very appreciate.

Disclaimer: I'm not a lawyer, and this ain't legal advice, it is just my opinion.
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[SonaFight]

GCDreamer2006,

Why are you in such hurry, Tiger ?
Enjoy your employer for 6 months, then quit in peace.

Kisses,

Young S

Hi there,

I read numerous posts on reasons one should not leave employer just after getting GC.

In my case I have been working for same employer for 5+ years.
Anyone call tell me whether it should be OK leaving employer 3 months after receiving GC ?

Jesus, isn't 5+ with same old employer enough to prove this is a legitimate job offer ?!