Staying with the employer with 6-12 months

Struggling

Registered Users (C)
Where does this 6-12 months come from? Is it something the lawyers say or it is written somewhere. Is there somewhere written that 6-12 months is the timeframe acknowledged to be the time internal long enough to show one's faithfulness?

Ideally, I think the GC holder should be working with the sponsor indefinitely unless and until the sponsor terminates his/her job. In that case if one leaves in 1 month or 10 years and after ... then it can easily and always be argued that the intent is violated (unless job terminated by sponsor). 6 months and 1 year has no justifications in it unless it is mentioned somewhere !

I guess A21 will probably clarify this intent theory.

Please comment.

Anyway, I am not a lawyer and these discussions are my personal thinking. For legal advice please consult a lawyer.
 
Ideally

Your comment that Ideally you should work as a slave for the same people forever until they decide to fire you or you kill over is somewhat absurd.... What good is a green card then if you are supposed to work for the same employer forever... It would be like a neverending H1-B visa... What a nightmare that would be!!!!
You can change jobs after a prudent amount of time, you can change jobs even before getting your green card approved... You can leave after 6 months if you get a better offer, if they don't give you a raise, if they look at you funny, who cares!!!! You have a GC, you have a work permit and are a permanent resident you can start your own American Dream... you are no longer a slave.
 
I completely agree with fernleon. To quote a cliche, a GC is supposed to set you free (within reason, of course). That leads to my hypothetical question on the can-i-change-jobs-now scenario. What if say, a year after obtaining the GC, one decides to take a break and resign from his/her job and basically do squat. Could that be construed as abandoning the reason for getting the PR status? It's probably better to ask to get laid off in this situation, I would guess.
 
My understanding is if you change your job at your will you are always violation your initial intent. Yes, your initial intent might change but when you do change you are violating your initial intent.

Again, 6 months is defined by the lawyers. 3 months can be long enough time too. It is relative.

Again, the funnier side of it is this. For example two persons 'A','B' applied his I-485 at the same time from the same company. Luckily 'A' got approved six months before 'B'. So, 'A' can change jobs 6 months before 'B'. Why will 'A' have the advantage of changing though both stayed with the employer same time?

Anyway this is not a legal advice. It is my opinion. I am not a lawyer. Please consult a lawyer for legal advice.
 
Cool - I understand this more.

The law however gives INS a lot of discretion for prosecuting employment cases. I am not saying they ever will but we know for a fact that INS can even try to prosecute a case based on AR-11.

So we have a situation where if INS at any point does not like somebody - they can try to push theory that there was no intent to work for the employer indefinitely. Although this would probably not stand in court very well but it still does give them opportunity to make trouble.

But chances of INS giving trouble are slim and as JOEF says it is better to make commitment to yourself that when you get the green card you do not look for jobs and do not think about changing jobs. After a few months you return back to the issue of changing jobs.
 
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