When can I switch employers?

M

mariano

Registered Users (C)
I hope someone can reply soon:

My I485 had been approved less than 180 days from filing. I have considered leaving the company long before I learned of my GC approval. I am currently pursuing another job.

I just heard that one cannot switch employers immediately after I-485 had been approved and GC received in the mail. They said that there is actually a law stating this, and failure to follow it could result in GC being revoked, or problems resulting when I apply for naturalization. Does anyone know if this is accurate?

Please advise. Thank you!
 
mariano said:
I hope someone can reply soon:

My I485 had been approved less than 180 days from filing. I have considered leaving the company long before I learned of my GC approval. I am currently pursuing another job.

I just heard that one cannot switch employers immediately after I-485 had been approved and GC received in the mail. They said that there is actually a law stating this, and failure to follow it could result in GC being revoked, or problems resulting when I apply for naturalization. Does anyone know if this is accurate?

Please advise. Thank you!
Click to expand...

You can swithch in the same day you receive your GC.
 
Thanks for the response. Follow-up question:

Can the current employer do anything to have it cancelled (for example, by revoking the I-140)?
 
mariano said:
Thanks for the response. Follow-up question:

Can the current employer do anything to have it cancelled (for example, by revoking the I-140)?
Click to expand...

After obtaining GC you start a new era with much more flexibility. The sponsor (employer, spouse, ……. etc) has nothing to do with your already approved GC.
 
Its all part of Risk-Reward game..

You showed intent to work for the GC sponsering employer and hence you got GC. Switching immediately may work against you as onus is on you to prove that you have had intent to work for the GC sponsered employee (at the time of filing I485).

I haven't heard the concrete cases of trouble with employer switching after GC, but following are the possibilities..

1. At your citizenship interview, they may question the intent. But they only need your 5 years employment history in the citizenship form.
2. Your current employer may appeal against you. Worst situation to face.

Its all part of Risk-Reward game.
 
Thanks for your response, FunLover2000!

I did have the intent to be employed by my current company for a long time. My employer filed the I-140 because they intended to employ me for a long time. Problem is, they changed their behavior (less benefits, more unattainable goals, etc), and I cannot keep up with their new demands. Will this be considered a valid reason for leaving early?

I wanted to know what specific things they can do to "appeal against me". Revoking the I-140 could be one of them, but I don't know if they will be allowed to, given that the GC had already been approved. Besides, I'm wondering if, once approved, the GC can be canceled due to a revoked I140.

I'll keep asking (maybe go to a lawyer) and will post whatever I find out.

Thanks again for your help.
 
mariano said:
Thanks for your response, FunLover2000!

I did have the intent to be employed by my current company for a long time. My employer filed the I-140 because they intended to employ me for a long time. Problem is, they changed their behavior (less benefits, more unattainable goals, etc), and I cannot keep up with their new demands. Will this be considered a valid reason for leaving early?

I wanted to know what specific things they can do to "appeal against me".

Revoking the I-140 could be one of them, but I don't know if they will be allowed to, given that the GC had already been approved.
------after GC employer has no control on I-140
Besides, I'm wondering if, once approved, the GC can be canceled due to a revoked I140.
-------------if the I-140 was filed with fake documements and USCIS discover Fraud then USCIS can revoke the I-140
I'll keep asking (maybe go to a lawyer) and will post whatever I find out.

Thanks again for your help.
Click to expand...

1. You have the intent to work with employer after I-485 approval and that is why employer filed LC and I-140 for you. If leave immediately after getting GC then it means that you never had the intent to work and Employer can report to USCIS and it is up to USCIS to take action or not to take action(I have not seen any case that employer reported to INS or USCIS and USCIS asked the employee to surrender the GC).
2.At the time of Citizenship one can face problems and Officer can investigate the full case

A) Your option is to stick with present employer for 4-6 months or write him email what is the problem and if he is not paying agreed wages or benefits then keep the copy of your email and employer reply for future.
B) Get Fired
C) Leave him and apply Citizenship only AFTER 5 years from the date you got GC

For more info you can talk to your lawyer
 
ginnu said:
A) Your option is to stick with present employer for 4-6 months or write him email what is the problem and if he is not paying agreed wages or benefits then keep the copy of your email and employer reply for future.
B) Get Fired
C) Leave him and apply Citizenship only AFTER 5 years from the date you got GC

For more info you can talk to your lawyer
Click to expand...

Could you explain how does option C above help? I'm willing to wait up to 8 years before applying for citizenship, so this looks like something I could do if it would really help.

Also, I'm going to ask my manager to promote me to the Senior position mentioned in the I-140. If they refuse to do this (right now, there is no opening for this position), will this constitute valid reason for me to leave right away?

I really had the intention to work with my company for a long time. Unfortunately, they changed benefits and increased my out-of-pocket expense, while reneging on their promise of guaranteed yearly increase and performance bonuses. Now I am not making ends meet with my current salary and there are no indications I will be given a decent salary increase soon which I need to last through the next paycheck.
 
mariano said:
Could you explain how does option C above help?
-------------------------Citizenship application form only asks employment history of 5 years. It is very difficult for USCIS to cancel the Green Card after 5 years.

I'm willing to wait up to 8 years before applying for citizenship, so this looks like something I could do if it would really help.

Also, I'm going to ask my manager to promote me to the Senior position mentioned in the I-140. If they refuse to do this (right now, there is no opening for this position), will this constitute valid reason for me to leave right away?
----------------if the LC and I-140 were filed for Senior position and they refuse then you are ok. keep the evidence with you what reply they give you.
I really had the intention to work with my company for a long time. Unfortunately, they changed benefits and increased my out-of-pocket expense, while reneging on their promise of guaranteed yearly increase and performance bonuses. Now I am not making ends meet with my current salary and there are no indications I will be given a decent salary increase soon which I need to last through the next paycheck.
Click to expand...
---------------------
 
Employer not offering Senior position until middle of next year ...

Ginnu, thank you all for your reply.

I spoke to my sponsoring manager (Director of IT) and he said the following:

i) the Senior position is not available yet, and only in early next year would he be able to discuss it with senior management.

ii) he is not aware that the position specified in the I-140 need to be offered as soon as GC is granted (nobody expected the GC to be approved so quickly in my case)

iii) he still wants to see "more improvements" in my skills before I could potentially be promoted to the Senior position

iv) he will make me sign a document saying I will pay for the entire cost of the GC process if I leave (he did not yet specify a time frame for this).

Does anyone have any comments on the above statements? Do any of them jeopardize my GC in any way? Aren't they STRONG reasons (i..e, acceptable to USCIS) to start looking for a job elsewhere?

What I'm realizing from our conversation is that I'm stuck with my salary and position for at least another year. This is going to put me and my family in difficult times, which I'm trying to ask him to help me with.

I appreciate your response. Thank you.
 
mariano said:
Ginnu, thank you all for your reply.

I spoke to my sponsoring manager (Director of IT) and he said the following:

i) the Senior position is not available yet, and only in early next year would he be able to discuss it with senior management.
------------------------if the Senior position is not available then why did they file LC and I-140 for that position? it means they lied to DOL and USCIS. do you have evidence what the sponsoring manager (Director of IT) said?. if you have written evidence keep it with you.
ii) he is not aware that the position specified in the I-140 need to be offered as soon as GC is granted (nobody expected the GC to be approved so quickly in my case)
-----------------------the Position specified in LC or I-140 need to be offered After I-485 approval or GC
iii) he still wants to see "more improvements" in my skills before I could potentially be promoted to the Senior position
----------------------it means you dont had those skills at the time of LC filing and they lied to DOL
iv) he will make me sign a document saying I will pay for the entire cost of the GC process if I leave (he did not yet specify a time frame for this).
------------------------dont sign that document. keep the evidence that they asked you to sign document to pay the fee for GC
Does anyone have any comments on the above statements? Do any of them jeopardize my GC in any way? Aren't they STRONG reasons (i..e, acceptable to USCIS) to start looking for a job elsewhere?
--------------------------- I think you should leave that employer.
What I'm realizing from our conversation is that I'm stuck with my salary and position for at least another year. This is going to put me and my family in difficult times, which I'm trying to ask him to help me with.

I appreciate your response. Thank you.
Click to expand...

-------Leave that employer and keep the evidence of asking fee for GC and saying that Position specified in LC or I-140 no more Exist at that time in the company. Leave that employer find new job and let them do what they want to do.
** file your Citizenship AFTER 5 years from GC approval date.
Good Luck!!
 
Last edited by a moderator:
mariano said:
i) the Senior position is not available yet, and only in early next year would he be able to discuss it with senior management.
Click to expand...

Translation: You are not getting promoted.

iii) he still wants to see "more improvements" in my skills before I could potentially be promoted to the Senior position
Click to expand...

Translation: You are not getting promoted.

he will make me sign a document saying I will pay for the entire cost of the GC process if I leave (he did not yet specify a time frame for this).
Click to expand...

UNDER NO CIRCUMSTANCES SHOULD YOU SIGN THIS DOCUMENT. I would refuse, and if they fire you, so be it. You are then free and clear.

Start looking for new work; after 120-180 days you can leave without issues.
 
I can prove intention to stay when we filed greencard application ...

Thanks, Ginnu and TheRealCanadian for your replies. I am beginning to see the light in this dilemna.

Essentially, what I'm getting from my research is the following:

i) there is no specific law that says you have to stay with your employer X number of days/months before leaving;

ii) if you leave so soon after getting GC, you have to prove to USCIS that you had good faith intention to keep working for your employer for the position you had been sponsored for.

Through all my previous emails and performance reviews with my company, I can prove that I had the intention to work with them continuously:

i) I noted in my reviews that I like working with my team and manager, that I'm looking forward to more years of working with them, and that I'm happy with the way my work is perceived by our clients within the organization;

ii) I have numerous emails indicating I am optimistic of being rewarded for my good work.

iii) They had posted a Senior position before which I was told I will be filling in for once the GC is approved.


Additionally, I can prove that the company had these changes (AFTER filing I-140/I-485) which made it difficult for me to continue working for them:

i) Medical benefits reduced, causing significant increase in my out-of-pocket expenses; my senior manager indicated he will not be able to help me deal with this problem anytime soon;

ii) job offer stated annual salary increases and bonuses which I did not get in last 2.5 years;

iii) they will now ask me to pay full amount of GC costs if I leave (I only initially agreed to pay half);

iv) the company's business is not doing well and there is a high turnover rate due to job dissatisfaction; prospect of promotion and increase is unlikely for me;

v) Senior position stated in I-140 is non-existent right now and will not be available in next 6 to 9 months.

vi) There was a recent office-wide medical hazard that occurred (someone had active TB!) which makes me worry of future contamination.

With the above I believe I will have valid reason to decide to look for another job. I'm going to consult a lawyer to see if these will be deemed justified cause for leaving the company.
 
mariano said:
Thanks, Ginnu and TheRealCanadian for your replies. I am beginning to see the light in this dilemna.

Essentially, what I'm getting from my research is the following:

i) there is no specific law that says you have to stay with your employer X number of days/months before leaving;

ii) if you leave so soon after getting GC, you have to prove to USCIS that you had good faith intention to keep working for your employer for the position you had been sponsored for.

Through all my previous emails and performance reviews with my company, I can prove that I had the intention to work with them continuously:

i) I noted in my reviews that I like working with my team and manager, that I'm looking forward to more years of working with them, and that I'm happy with the way my work is perceived by our clients within the organization;

ii) I have numerous emails indicating I am optimistic of being rewarded for my good work.

iii) They had posted a Senior position before which I was told I will be filling in for once the GC is approved.


Additionally, I can prove that the company had these changes (AFTER filing I-140/I-485) which made it difficult for me to continue working for them:

i) Medical benefits reduced, causing significant increase in my out-of-pocket expenses; my senior manager indicated he will not be able to help me deal with this problem anytime soon;

ii) job offer stated annual salary increases and bonuses which I did not get in last 2.5 years;

iii) they will now ask me to pay full amount of GC costs if I leave (I only initially agreed to pay half);

iv) the company's business is not doing well and there is a high turnover rate due to job dissatisfaction; prospect of promotion and increase is unlikely for me;

v) Senior position stated in I-140 is non-existent right now and will not be available in next 6 to 9 months.
-----------------------------if that Senior position was on your I-140 and does not exist then send them email that your I-140 was filed for this position and now after I-485 approval you need that Senior position. if they reply they dont have that position then leave them and keep the evidence of your email and reply if they give you.

vi) There was a recent office-wide medical hazard that occurred (someone had active TB!) which makes me worry of future contamination.

With the above I believe I will have valid reason to decide to look for another job. I'm going to consult a lawyer to see if these will be deemed justified cause for leaving the company.
Click to expand...
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Change jobs, apply for citizenship in six years or more, and prepare to defend your case with the reasons you stated above if asked.

This employer won't complain to USCIS about you leaving, as they would be risking been seen as a fraud for not giving you the position and salary as specified on the LC/I-140. And in general, they have nothing to gain by complaining except vengeance. If they win the case, all that will happen is that you'd get deported; you won't be forced to work for them. So whether they prevail or not, they get no profit out of the result, while possibly having to display their dirty laundry in court if you get a lawyer to challenge them.
 
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