USCIS considers Changing job after GC approval as FRAUD

[iamsam]

Please help.

Recently I came to know that USCIS considers changing job immediately after getting the GC approval as FRAUD.
Check this site http://www.immihelp.com/gc/employment/greencard.html

"If USCIS finds out that the employee was just waiting for his/her immigration to be complete before jumping

to a new job, then they are likely to charge fraud. If, on the other hand, it appears that the employee

really did intend to stay with the petitioning employer indefinitely at the time of immigrating, but a

legitimate reason later developed for leaving(like employer's business took an unexpected downturn and the

employer had to lay off workers), then there should be no problem.

Even if the employer does not mind employee leaving immediately after getting the green card, it is not OK

for USCIS. Both employer and employee should have good faith to have that employer/employee relationship on a

"permanent" basis."


My I485 was filed on 7/29/02 and currently INS is processing the applications filed on 8/26/02. My second

finger printing was done on 07/02/04 and I haven't received any RFE or anything from INS yet. My guess is I

should be getting the GC very soon, probably in next3-4 weeks. I want to change my job and I was waiting for

my approval.

Q1. Can some body verify this for me??
Q2. Should I wait for 6 months after getting the approval before changing the job?
Q3. If I use AC-21 portability now before getting the approval, will that be the right thing to do?
Q4. If I use Ac-21 portability and my GC gets approved but I didn't get the plastic card, will I be

considered as a AC-21 portability case.

Will appreciate your responses...Thanks.

 

[pralay]

It's old and well discussed story. It's discussed so many times in various threads and and the subforum "Life after Green Card". So I don't think we need to discuss more elaboratively. Please search those threads or visit "Life after GC" subforum. Here the answer in brief. Yes, "intention" of changing job even before getting GC is fraud. But USCIS is not going to read your mind to know your exact "intention". It totally depends in your situation and how you present your case. And as you understand, it's difficult to present a case when you leave your employer immediately after getting GC. Here the brief answer of you qustions:

Q1. Can some body verify this for me??

Yes, it's true. http://www.immihelp.com is designed to help immigrants. It's not a site with mis-information.

Q2. Should I wait for 6 months after getting the approval before changing the job?

Probably makes sense.

Q3. If I use AC-21 portability now before getting the approval, will that be the right thing to do?

Yes, AC21 is different from "permanent intention". In case of GC, another company is taking over and you are decided to stay with them "permanently" after GC approval.

Q4. If I use Ac-21 portability and my GC gets approved but I didn't get the plastic card, will I be considered as a AC-21 portability case.

If you start the AC-21 process before GC approval, that's OK (even if you join your new company after GC approval). Basically you must have a proof that you initiated AC-21 well before GC approval. For example, your interview was setup before GC approval, or you got the offer letter before approval.