Urgent – Please help.

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Vivek_2002

Registered Users (C)
Dear friends,

I am working with “Company A” and got my GC two weeks back.. Now my company asking me (due to some internal reasons) to switch my job to “Company B” as company B is a spin-off from company A. The job profiles are same. But theoretically I am changing the company immediately after getting my GC. My worry is as per INS law one can work for any employer but after getting his/her GC he/she should work for GC sponsoring company at least for 6 months to show the good faith. In my case it is other way around.

In future if I go for GC extension/citizenship will INS ask for the reason for changing the job immediately after getting GC? If yes, what kind of proof or document I should get it from my current employer to satisfy INS in future.

Any one has similar experience/situations?

Any suggestions would be highly appreciated.

Thanks in advance.
 
Where is this 6-month wait law described ?

Can you share some information as to where you heard or read about this 6-month rule ?

I got approved recently, asked my attorney about it and he said - just wait a month or so before switching. Come to think about it, AC-21 says you can switch 180 days after filing 485, if they wanted you to wait 6 months after approval, Congress and INS would not have instituted AC-21 !!

Good luck, let us know what you end up doing.
 
There is no 6 months law.

The good intention is correct. It means you should have intention to work for the company. In your case your company is asking you to switch, they might even give you a letter stating that. So, why do you worry. Apart from that, what if the company closes down the day somebody gets their GC stamped. So, in theory you should not quit the minute you hear on the AVM that your case is approved. You show your intention by sending a letter to the company that you want to work for them for a very long time etc. If somethings does not match then you can quit. Bottomline there is nothing like a time frame. If you have applied for a job before the GC approval and are waiting on GC to join the new job etc then it is not a good intention and they might trouble you later in life.
 
Attention to all – Very Important- I am really concerned because……..

Dear Friends,

The following answers from the Attorney MS. Murthy made me worry about changing my current sponsoring employer even after getting GC stamped on my PP. (I got my GC approval after 10 months of filing my I-485).

Chat User : Got GC 3 months ago. My employer suggests I join the client. Given my employer\'s intent, can I just quit and walk away from client and employer?? Thanks.

Attorney Murthy : It may be okay as long as the new job is in the same or similar field. Problem is that we do not yet have any guidance on AC21 law and whether a person can leave the sponsoring employer so soon after GC approval.

http://www.murthy.com/chat0304.html

Chat User : If a person has his/her I-485 approved and the passport has been stamped BUT the actual physical green card is yet to come, can the person change city of current job OR company OR both?

Attorney Murthy : Some of these issues are not clear since AC21 law only addressed portability and changing jobs and employers if the INS takes longer than 180 days. If the INS approves the case in less than 180 days like with CSC, then possibly the pre-AC21 law governs, which requires the person to work for the GC-sponsoring employer for about 1 year after getting the GC, to be on the safe side. Also, AC21 only states that the case can be approved based on a new employer, so arguably it does not even address the situation with regard to a job change AFTER approval.

Chat User : Can I join the company which applied for my GC for future employment a couple of months after my GC is approved? How long will I need to work with them?

Attorney Murthy : It is advisable to join the GC-sponsoring employer immediately after obtaining the GC and to remain with the employer about 1 year after GC - especially if one has not worked for them prior to obtaining the GC. There is no timeframe mentioned in the law except "permanent" - so 1 year is considered a safe minimum to work for the GC-sponsoring employer.

Any comments/suggestions?

Thanks in advance.
 
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