When can you leave employer after GC

C

cren

Registered Users (C)
Dear All:
I am currently on maternity leave and will be on leave until Nov ( From May to Nov), my 485 case was approved in June. If I don't go back to my current employer in Nov, would this cause problem when I apply for citizenship? If I quit now, would it a problem?

Many thanks,

CREN

RD Jan 16th, 2002
ND Jan 29th, 2002
FP1 Apr 18th, 2002
FP2 Aug 28th, 2003
AP June 22nd, 2004
 
But I am not going back to work, I am going back to school in August. Is this a problem?
Many thanks,

CREN
 
not so simple

This question has been kicked around here a couple of times before. If your 485 is already approved there is nothing that really keeps you from leaving your sponsoring employer. If however, your employer gets really p___ off about you leaving, they could go to CIS and file a complaint alledging that you never intended to work for them. GC's are revokable if the service finds that you misrepresented a fact. If you in fact, never worked for the employer after your approval, you might have a difficult stand.

The other question is whether they actually go back at the citizenship interview to check whether you stuck to the terms of the deal. Again it comes down to the 'intent' you had when you adjusted status. 6-12months with the sponsoring employer are apparently considered enough to show that you intended to stay with them.

AC21 only applies to people leaving their employer before approval, bizarre but apparently true.

If you can get your employer to lay you off without cause, you are in the clear. The employer however could get bitten when they try to sponsor other people bc the goverment can argue that they didn't have a 'permanent' position for you.

(I am not an attorney, I might become one if I ever get bored. Don't listen to advice from an internet BB, consult a knowledgable lawyer.)
 
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