What Employer Can Do After Green Card ?

[frustratingGC]

I recently got my I485 approved, Want to quit the employer and client due to current project pressure(with client), I spoke with my employer about quitting, Employer threatens that attorney can report to USCIS(ie; there is understanding that neither employee nor employer can quit for 6 months after getting green card), it can affect my green card.

1) Does reporting to USCIS work? is there really any one affected by this?

2) Dependent I485 is still pending, is there a remote chance that my employer can affect that?. is there really anyone affected like this?

3) I told employer that I can to continue to be with them but on bench. is it OK to work with my current employer and also work on hourly rate with another employer?.

P.S: My employer is mid size desi consulting firm with full time legal team.

Appreciate your response.

[go_guy123]

Originally Posted by frustratingGC

I recently got my I485 approved, Want to quit the employer and client due to current project pressure(with client), I spoke with my employer about quitting, Employer threatens that attorney can report to USCIS(ie; there is understanding that neither employee nor employer can quit for 6 months after getting green card), it can affect my green card.

1) Does reporting to USCIS work? is there really any one affected by this?

2) Dependent I485 is still pending, is there a remote chance that my employer can affect that?. is there really anyone affected like this?

3) I told employer that I can to continue to be with them but on bench. is it OK to work with my current employer and also work on hourly rate with another employer?.

P.S: My employer is mid size desi consulting firm with full time legal team.

Appreciate your response.

Green Card is about future employment after getting Greencard...so does it mean indentured servitude...definitely not!!! But it is a grey area and USCIS might frown if you quit right after green card. 6 months is a good period.

[belmontboy]

Originally Posted by frustratingGC

I recently got my I485 approved, Want to quit the employer and client due to current project pressure(with client), I spoke with my employer about quitting, Employer threatens that attorney can report to USCIS(ie; there is understanding that neither employee nor employer can quit for 6 months after getting green card), it can affect my green card.

1) Does reporting to USCIS work? is there really any one affected by this?

2) Dependent I485 is still pending, is there a remote chance that my employer can affect that?. is there really anyone affected like this?

3) I told employer that I can to continue to be with them but on bench. is it OK to work with my current employer and also work on hourly rate with another employer?.

P.S: My employer is mid size desi consulting firm with full time legal team.

Appreciate your response.

Try to get fired

[pappu]

Originally Posted by go_guy123

Green Card is about future employment after getting Greencard...so does it mean indentured servitude...definitely not!!! But it is a grey area and USCIS might frown if you quit right after green card. 6 months is a good period.

There is no law or rule wrt 6 months people quote. So let us not spread false information. We had challenged this for a while.

[solaris27]

untill you signed some contract that you will stay with same company or pay xxxxx amount if you leave before some period of time thay can't do any thing .

show them middle finger .

[pappu]

Originally Posted by solaris27

untill you signed some contract that you will stay with same company or pay xxxxx amount if you leave before some period of time thay can't do any thing .

show them middle finger .

How can a signed contract be a problem if there is a at will employment in that state.?

[gauravster]

Not sure how valid it is but, most companies, including most furtune 500 companies have you sign a document that you will work for sometime (~1 year) after you get the green card. If not you are liable for the cost of filing the green card.

Are such contracts enforceable ?

[simple.life]

If a company makes you sign a contract to stay with them 1 or 2 years "after receiving green card approval" or you have to pay back $$$ - THIS IS DISCRIMINATORY towards any applicant that is under going visa retrogression because there is no way to know how long it will take to receive GC. ROW applicant who signed the same contract will get it right away (eb2) therefore it is not a fair employment practice.

Write a letter to HR tell them that when you signed the contract, you understood that "after receiving GC approval" means internal approval not USCIS approval otherwise their contract is discriminatory. See how they will let it go.

[skrish]

not so simple. GC is supposed to be for work afrer receiving GC. So, you should stay with the employer in the sponsored position for at least 6 months after filing

[pappu]

Originally Posted by skrish

not so simple. GC is supposed to be for work afrer receiving GC. So, you should stay with the employer in the sponsored position for at least 6 months after filing

Please quote the law or internal memo that says you have to stay 6 months with the employer after getting greencard. No lawyer interpretations please. Show proof.

If you are saying greencard can be cancelled, then please quote the memo or law that says that. Back it up with examples of cases.

If someone says it creates problems in citizenship, show the memo and law for it. No own interpretations. And back it up with RFEs, denials etc of real cases. Let us look at it.

The challenge stands for quite some time now and nobody has come forward yet.

[sriramkalyan]

Are we bunch of losers or what ..

We are Lions .. becos of this slavery - we thinking we are Sheep.

Wake up .. GC in hand ..no more bondage .

[marshpa]

GC is future employment. So when your company filed for your GC, you wished to work with them forever. However after getting GC, you can change that wish. Once your GC is approved then only thing you have to worry is what you are your employment contract terms(in case if notice periods, etc).

Do not read all false and wrong information floating on internet. Talk to some good immigration lawyer if needed.

[prabasiodia]

Originally Posted by pappu

Please quote the law or internal memo that says you have to stay 6 months with the employer after getting greencard. No lawyer interpretations please. Show proof. . . .

From some memos that has been released from USCIS in past, it's clear that:

1) You need to have the intent to work for your future company at the time of filing "Adjustment of Status" application
2) You need to have the intent to work for your future/current company at the time of adjudication of "Adjustment of Status" application

Those are the exact same reason why AC-21 employer change is not allowed immediately after filing or immediately before or during adjudication. Other than that, the laws/memos are vague and the interpretations are everywhere on a whole wide spectrum.

[snthampi]

Originally Posted by belmontboy

Try to get fired

Will work :-) But, if you need the client as a reference, then you may have some trouble.

But, your situation sounds like bonded labor, which is illegal in the US! I would strongly suggest, you report this to DOL.

[gc_on_demand]

Originally Posted by pappu

Please quote the law or internal memo that says you have to stay 6 months with the employer after getting greencard. No lawyer interpretations please. Show proof.

If you are saying greencard can be cancelled, then please quote the memo or law that says that. Back it up with examples of cases.

If someone says it creates problems in citizenship, show the memo and law for it. No own interpretations. And back it up with RFEs, denials etc of real cases. Let us look at it.

The challenge stands for quite some time now and nobody has come forward yet.

I tried to look for any official memo or document but could not find one. USCIS wants to check fraud in marriage based case and investment based cases so they have 2 years conditional green cards for those category. There is no condition in other emp based category.

If there is none in INA , I don't think USCIS can revoke gc. One can easily sue govt if they take such a action.