Urgent - 485 approved - Can I change employer before getting GC ?

[gclcgc]

Guys,

I posted this in AC-21 forum, but looks like this one is appropriate forum ! Specifically, due to JoeF.. .

A little tricky situation for me....I intended to use AC-21 and joining new employer (on EAD) after completing my 180 days of 485 pending. Based on that, I accepted an offer when 485 was pending for 165 days and decided to join new employer once 180 days pending is complete....

Not sure why USCIS was so fast in my case, they approved my 485 a week before completing 180 days of 485 application. Also they have not asked for any interview and message on USCIS web site is indicating they will mail my card soon...so there is no way I will be called for an interview and since my FP - code 3 is done recently, 6 months back, they won't call me for FP as well...

In this scenario, are there any chances left for me where I can join the new employer ? If so, do I have to join them before I receive physical GC in hand ? If I join them once I have GC in my hand, can be considered as FRAUD? I accepted offer when my 485 was pending....

If I join new employer, will my current employer have right to so-called "revoke" my GC? or its just threats?

Appreciate experts' comments.

_____________________________________
EB2 - VSC - Sub Labor
140/485/EAD - Sep 05
FP - code 3 - Oct 05
140/EAD AD - Oct 05
485 AP - Apr 06
GC - waiting in mail

 

[gclcgc]

JoeF,

Thanks for your comment. I am on the same page with you, but got confused with a little note from future company's legal concel,wrt my case:

"Please note that an unexpired employment authorization card (EAD card) is an acceptable document to establish identity and eligibility to work in the U.S, and he (me) is eligible to start employment with XXX. However, he would need to ensure that he receives the green card prior to the current expiration of the EAD card. There is no apparent risk or restriction changing employment to XXX as the AOS as already been approved. "

They are referring risk as GC invoke, if my current employer give a tip to uscis.

I am quite sure that above statement can be challenged, isn't it ?

Thanks,

 

[qili]

The other one, though, is that at the time of becoming a PR, you had to have the good faith intent to work for the then employer. With AC21, after 180 days, you can change the employer and you would have to have the intent to work for the new employer once the GC is approved.
So, in this case, #2 is the issue..

you aren't even remotely correct on that point, as usual.

But since you had suggested that we shouldn't waste time reading your advice, no harms done.

the lawyer seems to be under the impression that you have to have the physical GC before your EAD expires. There is no legal basis for that (that I know of). Worst comes worst, you should still be able to get a temporary i551 stamp as proof of legal employment permitted by the uscis.

the lawyer is also wrong on the accont that there is no restrictions on changing employment once the aos is approved: you will need to show intent to continue employment with the sponsoring employer. and I think you are at risk on that account, tho. there is no fast and clear rules on what actions constitute "intent".

yours is an interesting case because you are almost better off, from the point of view of changing jobs, if your aos had not been approved. There would have been little risk in changing jobs under ac21. Now, you are changing jobs right after the approval of your GC, and if the sponsoring company wants to fight hard (I don't know why they would care and what they would gain from doing that), it soundes like you had started prepared for changing jobs even before, or in anticipation of, the GC approval and that is pretty damaging to your arguments.

If I were you, i would try to get a sense as to how the sponsoring company would react to such a case, and then decide thereafter. If you think they will put up a tough fight, I would wait it out.

One advice, I have heard quite a few cases like this where people go through their lawyers for the job search. That way, all communications are done through the lawyer and they are protected by attorney-client privilige and cannot be discovered in a future lawsuit. This masters up the timing and intent issue which is critical here.

 

[gclcgc]

qili,

thanks for your response. Clarification, I am not going thr the lawyer for job search, but when this issue popped up, the future company involved their lawyers to get a grasp on the situation, but appears that they did not understood the entire story correctly or have wrong information in hand.

You are right, I shd try to get a sense from sponsoring comp. Well, its a small consulting firm and are after money. I have not a definitive word, but they did indicated about going court (may be to threaten me) and if they will, I am sure there are chances of him getting 'audited', isn't it ?

Though the new employment offer is quite attractive with quite a large organization and I also have accepted it, but not yet joined. I guess, I would be better off staying where I am and do not jeoprodize my future GC renewal or Citizenship case.

 

[sreesai9]

Changing job after GC approval

Hi Gurus..

One of a my friend got apporved his GC for him and spouse. He has been working with that company for the past 10 months. Can he change his job and take a permanent position. He got approval last month.Pl. advice ...

Thanks in advance...

 

[brb2]

Your friend got his green card because he had intent to work permanently on approval. There is consensus in the immigrant lawyer community that working 6 months AFTER GC approval is a good proof of that intention. Your friend would have been better off changing jobs after 6 months of waiting (before the current 10 months) under AC21. He would be creating problems for himself at naturalization because everything is then up for review again.

Hi Gurus..

One of a my friend got apporved his GC for him and spouse. He has been working with that company for the past 10 months. Can he change his job and take a permanent position. He got approval last month.Pl. advice ...

Thanks in advance...