RFE after Approval!!!

M

Muthu Ethirajan

Registered Users (C)
I was wondering, whether any one has heard of getting RFE after the approval. I got my approval last month and I am planning to leave my employer. I have good relation ship with my employer and if I leave, it\'s going to be in good terms. Now my question is, what if INS asks for RFE after I quit the company?? Suppose if I don\'t receive my card say after 6 months ( I don\'t even want to say that!!!) do I have to stick with this employer until I recive my card. Is it safer if I leave now, before getting the card?? I know for sure that my employer is not going to report.. I am confused... Could someone throw some light reg this issue..

Thanks
Muthu
 
No Title

Getting the actual plastic card has nothing to do with your status ...
you are a permanent resident for all practical purposes from the date
on your approval notice. About leaving employer ... I dont think
INS will have any problems if you are either terminated by your employer ... they should not get the idea that you were with the employer only for the green card. Although they dont do any thing right now, if sufficient number of people follow this path they might start checking in the future retroactively... and this wont be the first time they did that either.
 
No Title

Hi ! KR9,
            Thanks for your reply. I don\'t understand the last sentence of your message. You mean to say that the INS has checked in the past to verify the employment status. Could you please explain, and have you eard anyone getting RFE after the approval..

Thanks
 
No Title

This is not a legal advice. For that matter I don\'t think any attorney will be able to answer your question precisely, because there is no direct answer to that question. I asked my attorney the same question. His answer was - One day is too short and one year may be too long, but could not commit to any time frame. The condition of the employer sponsored green card is for future employment, but INS does not go behind people to verify that, eventhough the agency has the authority to revoke your status if the GC process was merely to obtain your GC. I know this sounds wishy-washy, but the fact is it is wishy-washy!!!!!!!!!!!!

I think it is your decision after all.
 
No Title

>I don\'t understand the last sentence of your message. You mean to >say that the INS has checked in the past to verify the employment >status. Could you please explain, and have you eard anyone getting >RFE after the approval..

No I did not mean that I know of cases in which they checked on people
after 485 approval. But, in similar situations in the past, INS has
applied laws retroactively. For example, after the infamous NYSDOT
case, getting EB2/NIW approval became quite difficult. Now, I know
of people who got approved before NYSDOT case whose files were opened
retroactively on trivial pretexts (like change of address). You
should know that you are going to be a permanent resident for a long
time (atleast 5 years) before you become a citizen ... so there is
a certain amount of risk involved in quitting immediately. It is
up to you to make that decision.
 
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