working for same employer after 485 approval

immportuser

Registered Users (C)
Hi guys

My 485 was approved and I am about to go for local INS office to fnish formalities.

IN the letter from my attorney she said "as this is employer based green card you may not change employer in a short time (for ex an year)".

so how long should i stick to same employer? can my employer tell INS or whoever about my job termination and jeopardize my career?

thanks
 
immportuser said:
Hi guys

My 485 was approved and I am about to go for local INS office to fnish formalities.

IN the letter from my attorney she said "as this is employer based green card you may not change employer in a short time (for ex an year)".

so how long should i stick to same employer? can my employer tell INS or whoever about my job termination and jeopardize my career?

thanks

check out similar discussion in this thread.

http://boards.immigration.com/showthread.php?t=144997
 
That's a sticky question. From what I know, there is no law per se that would prevent you from changing your employer at any time after I-485 has been approved. However USCIS is allowed to revoke I-485 if - and from what I understand only if - they can prove that fraud was involved... you definetely don't want that.
What is comes down to is that USCIS needs to believe that you intended to continue working for your current employer at the time of application approval. In general, it becomes their burden to prove that it was not teh case - and this kind of thing would only come up if they were to revisit your case (which may happen during citizenship application for instance) - but if the applicant terminates the employment at their own will without any apparent reason shortly after after the approval has been obtained, this may be a reason to suspect fraud. Obviosuly, employment terminated in any other way (being layed off etc - basically not "at will") generally cannot be considered fraud.
It's hard to say just what constitutes "shortly after", but traditionally USCIS has considered 180 days a "long enough" period for anyone to change their intent.
What this means is that change of employers after 6 months - or better yet 1 year - after the approval should not bother anyone.
 
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