Employer Threatening

[sduddukuri]

I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response

[sparky_jones]

I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response
Call his bluff...quit and move on. Even if your I-485 was still pending, you'd still be protected by AC21. You are even past that hurdle, so you have nothing to worry about. This is going to have no effect on your GC.

[raysaikat]

I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response

Sure, s/he can revoke whatever s/he wants. It doesn't affect your GC.

On your side, just make sure you can show that you had "intent" to work for this employer when the GC was given to you, and the position you had with that employer was not a "fake" position that had been created for you to give you GC. But I highly doubt that you will ever be in a position to have to present such an evidence.

[designserve]

Legally, he stands on firmer grounds... Ideally 6 months to 1 year is a good time to leave a company. EB Green cards are given on the basis of "permanent" employment... However, nothing remains permanent. You must be able to prove that your intention was not to get a green card and run to another employer... There seems to be no legal time set for these...Dont burn bridges...leave peacefully if you can.

[spicy_guy]

I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response

I don't think he can do anything now. You have a GC and stayed there for "almost" 6 months. Though there is no general rule of thumb that you need to stay with them for 6 months. Its empty threat. "Some" Desi consulting suckers do this!

[kumarc123]

Legally, he stands on firmer grounds... Ideally 6 months to 1 year is a good time to leave a company. EB Green cards are given on the basis of "permanent" employment... However, nothing remains permanent. You must be able to prove that your intention was not to get a green card and run to another employer... There seems to be no legal time set for these...Dont burn bridges...leave peacefully if you can.

I would check with my lawyer inform him about the threats and make the move. The good thing is, you have a GC he wont be able to do anything, in turn you can file a complaint agiants him to department of labor.

[ronhira]

Legally, he stands on firmer grounds... Ideally 6 months to 1 year is a good time to leave a company

u must be kidding..... he can even leave his employer 6 months after filing his i-485, using ac21..... what's wrong in leaving the employer 5 months after getting gc?

u r referring to pre-2005 prior to yates memo..... now the yates memo allows changing employer when the application is pending and there is no need to wait for even a 1 after getting gc.....

sduddukuri, kick u'r employer and do what u like, and if he has already threatened, make sure that u leave him right away..... he is putting unnecessary and unethical (probably illegal) pressure on u.... he cannot do anything, do what is best for u....

[Rb_newsletter]

I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response


Just hold on for one more month. People say u might face issues while going for citizenship if you left the employer(who applied for GC) less then 6 months after getting GC.

But if your employer issues you a pink slip, that should not affect you.

[pappu]

Just hold on for one more month. People say u might face issues while going for citizenship if you left the employer(who applied for GC) less then 6 months after getting GC.

But if your employer issues you a pink slip, that should not affect you.

There was a thread some time ago and we had posted a similar challenge to all viewers and nobody was able to answer.

Tell us one case where someone's case was rejected at citizenship stage because of leaving employer in > 6 months. Challenge your own lawyers who are asking to wait for 6 months and us the proof.

Tell us where in the law it is written or any USCIS memo where they have said you have to be at least 6 month employed with the employer after getting greencard. Do not post any link from lawyers website or their 'interpretation'. Show some proof.

Secondly people need to be more active on Immigrationvoice to be aware and respond to any kind of harassment and exploitation. . Help this community and help yourself by raising awareness.

[a_paul1]

u must be kidding..... he can even leave his employer 6 months after filing his i-485, using ac21..... what's wrong in leaving the employer 5 months after getting gc?

u r referring to pre-2005 prior to yates memo..... now the yates memo allows changing employer when the application is pending and there is no need to wait for even a 1 after getting gc.....

sduddukuri, kick u'r employer and do what u like, and if he has already threatened, make sure that u leave him right away..... he is putting unnecessary and unethical (probably illegal) pressure on u.... he cannot do anything, do what is best for u....


I think you are mis interpreting ac21. It gives you an ability to switch employer because it lets you switch your intention to work for a different employer (in same or similar capacity) after you get your GC.

The basic requirement that you should have intention to work for the sponsor employer on a permanent basis AFTER you get the the GC still remains same. Only the employer with whom you "intend" to work after you get the GC changes if you invoke AC21.

Therefore, your GC is based on a future job with a specific employer, which is not necessarily your original sponsor but if it is, then you need to show that had full intention to work with this employer permanently after getting GC.

In this case, since OP's GC is based on his sponsor's future job, he should work "permanently" for this employer after getting his gc. That's the deal.

IF 6 months is minimum time required to show "permanent" intent (I am not claiming that it is, but it could be), then leaving before 6 months would constitute fraud and his GC is liable to be revoked at the time of citizenship.

[a_paul1]

Tell us one case where someone's case was rejected at citizenship stage because of leaving employer in > 6 months. Challenge your own lawyers who are asking to wait for 6 months and us the proof.

Tell us where in the law it is written or any USCIS memo where they have said you have to be at least 6 month employed with the employer after getting greencard. Do not post any link from lawyers website or their 'interpretation'. Show some proof.



Law is that the beneficiary has the intention to work for the sponsor permanently and the sponsor has the intention to employ the beneficiary permanently. That's it.

WHether that intention existed at the time of GC or not is a matter of fact.

It can obviously be proven if you are employed with the sponsor for say 20 yrs. Can it be proven if you work for 10 yrs? 5Yrs? 1 Yr? WHo draws the line? Whoever is looking into your case. If the company burns down the next day, he may accept that you really did have the intention to work even if you leave the next week after getting GC.

If someone can produce an email that you wrote saying you would leave the company as soon as you get the GC, it might be considered proof that you did not have any intention to work with the employer permanently.

So the bottomline line is, do you have a reasonable (from a GC perspective) reason to quit that does not vitiate your original permanent intention?

But then, I am NOT a lawyer and the above may be totally wrong.

[snathan]

I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response

How many hands you have...just show all the middle fingers. :mad::mad::mad:

[Rb_newsletter]

Tell us one case where someone's case was rejected at citizenship stage because of leaving employer in > 6 months.

Yes I haven't seen any case. But I hear this for the past decade from many people. So it never occurred to me to ask for proof.


Tell us where in the law it is written or any USCIS memo where they have said you have to be at least 6 month employed with the employer after getting greencard. Do not post any link from lawyers website or their 'interpretation'. Show some proof.

It is the same as when visa is denied, person has to leave the country. But I have not seen a law stating how much time a person has to pack up and leave. But again as far as I got into this immigrant life people keep saying we have to leave the country within 10 days after visa is denied.

In the GC process we signed that we will work for that employer. But we have never stated how long we intent to work. Most of us here are working for the employer for the past 5+ years. I don't know if it is not enough to prove the intent.


Law is that the beneficiary has the intention to work for the sponsor permanently and the sponsor has the intention to employ the beneficiary permanently. That's it.


The word 'permanent' is relative term. How long should be called as permanent? No one can say that we have to work for GC sponsoring employer for our lifetime. We are not bonded slaves.

Below thread is very useful. And the post by kondur_007 is very good.
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/3305-changing-company-after-getting-green-card.html.

[WillIWin?]

The operative word here is 'threatening' - per US Labor Laws one cannot be forced to work for a company {similar to how companies can lay off people - a company cannot be forced to employ anyone}

From a visa/GC standpoint I dont see any issues:
- PERM is not revocable by the company at this stage.
- I-140 is only revocable for fraud or if the job goes away. But EVEN if the 140 is revocked the 485 does not necessarily become invalid.
- 485 is not revocable by the company - it is an application that YOU made, not the company.

That being said, I know folks are afraid of these questions coming up during citizenship. How long have you worked for the company? If it is more than a 2 years, then I would not worry.


I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response

[ivgclive]

I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response

People have lot of work to do. Your employer will not have time to come after you (If your employer is a native, he does not know about GC or if your employer is a desi, he knows exactly that he can not do anything now).

You have decided, got a job and told your employer and received the threat. So everything is over. Just proceed on what you planned.

[sduddukuri]

Thank you all guys and i really appreciate all your inputs. thank you

[spicy_guy]

how many hands you have...just show all the middle fingers. :mad::mad::mad:

lol!

[krishmunn]

It is the same as when visa is denied, person has to leave the country. But I have not seen a law stating how much time a person has to pack up and leave. But again as far as I got into this immigrant life people keep saying we have to leave the country within 10 days after visa is denied..

You are wrong here. If a visa is denied , you cannot enter the country. Visa is just a entry document. You do not need a visa once you are in US -- your I-94 governs your stay.

If a H1 extensions is denied, you can stay up to the end of your current H1 validity + 10 days (you cannot work during those additional 10 days).


If you loss your status (for example if you loss job etc) you have zero days (not 10 days) to leave the country.

The "10 days" myth probably comes from the legal provision that on completion of your H1 term (mind it not loss of H1 status) , you have 10 days to leave. This is law (8 CFR 214.2(h)(13)(i)(A).)

[manchala]

I think you are mis interpreting ac21. It gives you an ability to switch employer because it lets you switch your intention to work for a different employer (in same or similar capacity) after you get your GC.

The basic requirement that you should have intention to work for the sponsor employer on a permanent basis AFTER you get the the GC still remains same. Only the employer with whom you "intend" to work after you get the GC changes if you invoke AC21.

Therefore, your GC is based on a future job with a specific employer, which is not necessarily your original sponsor but if it is, then you need to show that had full intention to work with this employer permanently after getting GC.

In this case, since OP's GC is based on his sponsor's future job, he should work "permanently" for this employer after getting his gc. That's the deal.

IF 6 months is minimum time required to show "permanent" intent (I am not claiming that it is, but it could be), then leaving before 6 months would constitute fraud and his GC is liable to be revoked at the time of citizenship.

Dude don't induce fear in him. Come on man if you take GC and you need to keep working for the same employer??? This means no one can grow in their careers.
Wait for 6 years(EB2) to get a GC and 6 years to get a citizenship. You will be ready for retirement(I mean OLD) since you start GC after few years of your career.

If for any reason this is the case it is useless to be behind GC after all.

There are tons of cases who left the GC employer after getting GC. There are cases who did not even work for the company anytime for the sponsoring company also. As Pappu said give a solid proof that what you are saying right.

[a_paul1]

Dude don't induce fear in him. Come on man if you take GC and you need to keep working for the same employer??? This means no one can grow in their careers.
Wait for 6 years(EB2) to get a GC and 6 years to get a citizenship. You will be ready for retirement(I mean OLD) since you start GC after few years of your career.

If for any reason this is the case it is useless to be behind GC after all.

There are tons of cases who left the GC employer after getting GC. There are cases who did not even work for the company anytime for the sponsoring company also. As Pappu said give a solid proof that what you are saying right.

Dude??
Did you even read my post? Specially the last sentence, which I am quoting again for your convenience:

IF 6 months is minimum time required to show "permanent" intent (I am not claiming that it is, but it could be), then leaving before 6 months would constitute fraud and his GC is liable to be revoked at the time of citizenship.


I stated the law first and then its interpretation. That is how it is done. You are free to disagree but at least read the post first before disagreeing.

[forgerator]

OP, This 6 month wait is a myth. There's no such thing. The day you get the Greencard you're a free bird.

In your case OP, seems like your existing employer is being a jackass so it's definitely time to move on. Citizenship stage, when they ask you why you moved, the standard answer is usually, to pursue career growth. Simple and to the point.

[sri9999]

I don't think you can worry at all.I have seen people who left the existing employer at i-485 pending itself and got citizenship as well without any issue.If you have better opportunity you can always show that as reason to leave.

[a_paul1]

I don't think you can worry at all.I have seen people who left the existing employer at i-485 pending itself and got citizenship as well without any issue.If you have better opportunity you can always show that as reason to leave.

Leaving existing employer in 485 stage is not always an issue.

Do you know a case first hand where the person left the employer before 180 days of filing 485? Or a case where the person left which ever employer he was with at the time he got his GC, before 6 months after getting the GC, and then had no issues while citizenship?

If you do, can you please confirm, because that is really the key issue here and it would be really be very helpful for every one.

thank you!

[adityagm5]

I got my green card 5 months back, now i got another job, so I told my employer that i am resigning and gave him 2 weeks notice. He is threatening that he will revoke I140 and PERM. He is saying that he can revoke even after GC. I am not sure what he is talking about. Can he do that , what are the implications of me leaving the company. Appreciate a quick response

I have spent 5.5 months after I got my gc. I received a great offer which 60% more salary than my current employer. I want to join this company. My employer pays a very less salary. Should I switch?

[gcbeku]

I have spent 5.5 months after I got my gc. I received a great offer which 60% more salary than my current employer. I want to join this company. My employer pays a very less salary. Should I switch?

Please do. The 6m is simply a guideline not a rule. You could easily give 2.5 wks notice and cross 6m, can you not?

We took an appt with a senior attorney at one of the popular Immigration Law firm, he had this to say -- "there is no rule or law anywhere that says you have to work "x" months with your GC sponsor. However, 6m to 1 year with sponsor is generally considered safe. That is not to say that people who have quit within days after getting GC got into trouble or people who spent more than 6months did not. It all depends on your luck and whether the citizenship adjudicating officer had a quarrel with his/her spouse that morning. By convention, 6m to 1 yr is considered good."

If you are getting 60% higher pay, preserve the old and new payslips. If you are ever asked why - just point them to the paychecks and that should shut down any questions.

[PERM12]

Intetion of working for an employer is there from days before you start working and continues to be there days after you leave the employment (sometimes i still think i would have been in a better position with my previous employment).

However circumstances do change and that CHANGE can be in a minute or days.

having said that -- what will the USCIS and Courts interprit is a point no one knows. This is where the general suggetion came in as a thumbrule to follow 6month lead time to support the above said "Intention".

The reason could be a wild guess of any one but my poing of view -- To be considered as a legal resident of US and some states to file the tax returns is 181 days. ( Major reason why the visitor visa is issued for 6 months /180 days is for a person not to be considered resident of the country or state or for parents visiting you to be claimed as dependet on your tax returns) -- hence if you have relocated to employer location after the Green Card is issued and you have settled there and filed the tax returns for state and Federal accordingly - it has enough supporting documents for legally prove your so called "Intention"

PS: This is my personal view point and not a Legal suggetion.

[pappu]

Leaving existing employer in 485 stage is not always an issue.

Do you know a case first hand where the person left the employer before 180 days of filing 485? Or a case where the person left which ever employer he was with at the time he got his GC, before 6 months after getting the GC, and then had no issues while citizenship?

If you do, can you please confirm, because that is really the key issue here and it would be really be very helpful for every one.

thank you!

I have written my opinion a lot on this issue and still people keep debating it. I had even thrown a challenge and not a single soul has come forward. Not a single case has been brought to attention where someone had problems in citizenship because they left employer before six months after getting GC. If you or your lawyer knows someone, send it to us and we will look into details.

So those fearful folks not willing to move on before six months after getting GC are saying that first you have to wait for 10 years for a greencard with a same employer and then count every day for the next 6 months after getting current for 485 to be processed and then when you get a greencard again count 6 months so that you can leave your employer and get a salary raise and career jump?

Please tell me if USCIS has this written anywhere on their website. Is it written in their internal memos? Is it written in any law clause that I do not know about? Please throw some light on it if anyone knows.

And please do not quote some lawyer. Quote the official law and not an opinion.