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  #16 (permalink)  
Old 08-09-2010, 06:24 PM
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I think these memos might have been dissected a thousand times, but here they are:

Continuing validity of I-140: http://www.uscis.gov/files/pressrele..._AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrele...ntrm051205.pdf

It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status ). It says that
...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.

Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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  #17 (permalink)  
Old 08-09-2010, 06:43 PM
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Thank you prabasiodia.

So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
Quote:
Originally Posted by prabasiodia View Post
I think these memos might have been dissected a thousand times, but here they are:

Continuing validity of I-140: http://www.uscis.gov/files/pressrele..._AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrele...ntrm051205.pdf

It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status ). It says that
...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.

Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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Last edited by masterji; 08-09-2010 at 06:53 PM.
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  #18 (permalink)  
Old 08-09-2010, 08:07 PM
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I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.

The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.

After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.

Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.
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  #19 (permalink)  
Old 08-09-2010, 08:36 PM
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Wow dude you are impossible Good job though Can you post your exact conversation in detail with second IO for benefit of us here.

Quote:
Originally Posted by immuser View Post
I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.

The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.

After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.

Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.
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  #20 (permalink)  
Old 08-09-2010, 10:17 PM
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It seems people who revoked AC21 during pre-GC stage, can continue to change employers in the post-GC phase. The confusion is for the people who stayed with their employers throughout the GC process. Please correct me if I am wrong.
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  #21 (permalink)  
Old 08-10-2010, 12:43 AM
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Default Is approved GC can be revoked....

My GC got approved almost a three weeks ago. I stayed with my employer through the whole GC process till now. Now I want to move on with better job/salary.
My attorney suggested to stay with the company for atleast 6 months as it may cause issues during the citizenship application. He also mentioned, employer has the right to revoke the approved green card.

Is it really true, employer can revoke the green cards, just merely for switching jobs.
I have my doubts that they can. Did anyone else heard anything similar.
I tried looking at the web but could not find any written law by USCIS on this.
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  #22 (permalink)  
Old 08-10-2010, 07:50 AM
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Quote:
Originally Posted by pappu View Post
Questions for everyone to research and post the answers------
........

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



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  #23 (permalink)  
Old 08-11-2010, 11:18 PM
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Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
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  #24 (permalink)  
Old 08-12-2010, 09:33 AM
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Default Green Card

Masterji, Did you get your greencard in hand yet.
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  #25 (permalink)  
Old 08-12-2010, 10:31 AM
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Default Is this legal?

In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.

Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)

Thanks,

R
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  #26 (permalink)  
Old 08-12-2010, 10:52 AM
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Quote:
Originally Posted by DSLStart View Post
Wow dude you are impossible Good job though Can you post your exact conversation in detail with second IO for benefit of us here.
+1 to your avatar

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  #27 (permalink)  
Old 08-12-2010, 11:00 AM
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Sorry... but what kind of a question is that ? You applied for "Permanent" Residence without understanding what it stands for ?

You are not obligated to apply for citizenship if you are a permanent resident.

Quote:
Originally Posted by boreal View Post
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
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  #28 (permalink)  
Old 08-12-2010, 11:49 AM
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Quote:
Originally Posted by boreal View Post
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.

Now to the original question of this thread.

It is highly recommended that one must stay with the original sponsoring company for atleast 6 months after the GC is approved. If you leave the company in good terms with them or rather if they do not create any fuss, then you are safe.

Say in my case, my original employer laid me off and I ported my process with AC21 to another company, where I am working for 3 yrs and just got my GC approved. I am not obligated to stay with this company as they are not my original sponsor. And again they cannot revoke my GC.

Having said that, the employers can create problems for you, if they decide to hunt you down. But that will not do them any good other than the 'revenge' they may enjoy on you.

My collegue was planning to leave his company after GC approval and his employer cancelled the GC process by withdrawing the application. The USCIS has informed him about this officially to him. He was panicked and was about to start another application and one fine morning, his GC approval came to him through snail mail.

What I am trying to say is there are laws, rules, processes and methods. Not everything will be applicable everytime or does not happen all the time. It truly depends on your luck too.

GOOD LUCK!!!
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  #29 (permalink)  
Old 08-12-2010, 11:57 AM
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Quote:
Originally Posted by shreekhand View Post
Sorry... but what kind of a question is that ? You applied for "Permanent" Residence without understanding what it stands for ?

You are not obligated to apply for citizenship if you are a permanent resident.
Friend, you have rage issues!
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  #30 (permalink)  
Old 08-12-2010, 11:59 AM
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Quote:
Originally Posted by MeraNaamJoker View Post
You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
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