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  #1 (permalink)  
Old 09-16-2009, 01:49 PM
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Default By law how many days one is required to stay with sponsor after GC approval in EB2?

Hi Guys!

By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.

Thanks,

Raj
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  #2 (permalink)  
Old 09-16-2009, 01:55 PM
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I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
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  #3 (permalink)  
Old 09-16-2009, 02:25 PM
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Quote:
Originally Posted by FinalGC View Post
I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....

I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.

Note : I am not a attorney...
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Old 09-16-2009, 02:57 PM
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Good note hebbar77!! I concur...but I think I heard from some attorneys' some time back.....but these are attorney's...they change their mind constantly
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  #5 (permalink)  
Old 09-16-2009, 03:17 PM
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Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
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  #6 (permalink)  
Old 09-16-2009, 03:20 PM
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The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define “permanent” or “long term” in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.
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  #7 (permalink)  
Old 09-16-2009, 03:22 PM
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Originally Posted by thomachan72 View Post
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!
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  #8 (permalink)  
Old 09-16-2009, 03:37 PM
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There is no LAW that mandates this!......It's kind of a best practice thing - people usually recommend 6 months.

Quote:
Originally Posted by hebbar77 View Post
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!
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  #9 (permalink)  
Old 09-16-2009, 03:39 PM
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Originally Posted by thomachan72 View Post
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
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  #10 (permalink)  
Old 09-16-2009, 04:06 PM
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Quote:
Originally Posted by rajivkane View Post
Hi Guys!

By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.

Thanks,

Raj
Employment based GC is for permanent employment with the sponsoring employer. I don't know if law gives a lesser period of time of association. But in practice, i have seen many people quoting '6 months' of minimum stay. Some attorneys quote 2 years stay.
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  #11 (permalink)  
Old 09-16-2009, 04:23 PM
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Default future employment category peoples?

Hi Ramba,

What do you mean by "future employment category peoples"?- is not everybody getting employment based GC a "future employment category people"? Or is there anything diffrenet in the way you apply?

Regards,

Raj
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  #12 (permalink)  
Old 09-16-2009, 05:20 PM
jsb jsb is offline
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Originally Posted by thomachan72 View Post
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.
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