Tricky Intent question for changing jobs

[robwoj]

Hello,

Let us assume that a person at the time of getting green card does not like employer anymore (This person would have worked with the employer for more than 3 years on H1B). Under normal circumstances it is foreseable that this person would change jobs almost immediately. However this person learns about the intent rule and tries to comply with the rule.

The common sense would be to try to be with the employer for a substantial amount of time until circumstances change.

So let's assume the person stays with the employer for 1 year or more and job requirements change at the employer (The employee got assigned new tasks that are worse than when the green card was obtained). The person at that time had an offer of a new job.

Would that cause any possible problems in the future. Common sense would say no. The person tried to comply with the law by working for an undefined or indefinite period of time. The person did not know when exactly circumstances will change and when new job offer would come up. The person did not like the employer but that did not preclude from following the law.

Please advise if this makes sense here.

 

[robwoj]

Hey Joe -

Let's make it more tricky. Before getting the green card approved you were considering switching to company A because they made an offer and using AC21 you could legally do so. While you were considering to do so - your green card got approved. So you realized that now you need to have intention to work for sponsoring employer. You cannot take the job with company A anymore and you do not do so. But you still keep in touch with company A (your close friend is a CEO). Keep in mind that if you did not get the green card you would have almost certainly made the switch then. So in reality you are not happy to be working for the sponsoring employer but you do want to comply with the law.

Then after 1 year of working with sponsoring employer the following things happen:

1) You get an offer with company A for a similar job you got 1 year ago.

2) Your sponsoring employer changes conditions - stuff that you do at work. But you still work in the same position but just do different stuff and you like it even less than before getting green card.

3) The sponsoring employer still wants you onboard because you are a dilligent employee and you constantly get good reviews, bonuses etc.

Can you make the switch then?

One can argue that the intent was forced a bit by INS and how AC21 works.

You can argue that at the time of getting the green card you switched your mind and started working for the sponsoring employer. You did not know exactly when you could take up the next offer and if the next offer will for sure be available. So you could make a reasonable argument for indefinite intention.

But you can also attempt to make an argument like

1) The employee was dissatisfied
2) They will make the first possible attempt to get out of the situation and switch employers
3) They do not know when they will switch employers exactly but they certainly will do so

Both arguments are valid but both point to the fact that employment was attempted for indefinite period. Am I right?