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Old 07-22-2010, 05:27 PM
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Default How long you have to work for your GC sponser after your GC

-What is the minimum period that one need to work with the employer who has sponsered the GC after receiving the GC?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
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  #2 (permalink)  
Old 07-22-2010, 05:53 PM
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any inputs....?
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  #3 (permalink)  
Old 07-22-2010, 07:36 PM
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How long you have to work for your GC sponser after your GC: Atleast 10 Years

See the link http://immigrationvoice.org/forum/fo...reen-card.html (Changing company after getting Green Card)
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  #4 (permalink)  
Old 07-22-2010, 09:03 PM
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but for safer side try to work for 6 months .


thanks
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  #5 (permalink)  
Old 07-22-2010, 10:42 PM
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Although Im happy with my current employer I just wish for having such a problem you have to wait 5 more months or maybe 6 and there you go.
We have to wait years here and have to be careful for everything renew EAD, renew AP in time (how about H1 and L1's not able to file for GC ... ), oh yeah -do not change job or if you do you have to be conform with certain things; and do not be laid off since other than not having income it sucks a bit from the immigration side too; and so on, sorry guys something is really f. up here;
Hope all turns out ok for all of us - and that includes you also....
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Old 08-08-2010, 12:57 PM
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To me, this all looks so irrelevant for AC21 users... when you changed GC sponsoring employer and have moved on with or without filing AC21..... I know most have stayed with sponsor for 180 days before moving on, to safe guard GC approval

Please, share your thoughts for AC21 users in context to citizenship ...

Last edited by gbof; 08-08-2010 at 10:32 PM.
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Old 08-08-2010, 01:11 PM
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Good question. I am in the same situation. My GG was approved Aug 6th and happen to attend an interview the same day.
I already used AC21 and may have used it second time for this if GC was not approved. So question is can you switch jobs within day of receiving CG ?

From forum search, it does seem ok to switch jobs. Its hard for me to find a valid reason on why we need to stick to the employer for 6 months or 1 yr.
There are cautious people (to say it right, paranoid people to put it blunt) who will not use AC21 or have the theory of sticking to employer for 6 months or 1 yr.

I am still pondering, but leaning strongly towards switching job if the offer is good.
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Old 08-08-2010, 01:44 PM
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I am not sure you have to stick around for 6months or even 1 month. It is not specified anywhere. If the employer does not inform USCIS you are pretty much off the hook. Since we have GC now we dont have to tell USCIS or any one what we do. We can switch jobs/career paths and if the employer dosen't inform USCIS how will they know?

As far as people who used AC21, you are not with the original employer anyway so how does it matter if you switch jobs.

After being stuk on the career front for 10 years I am not waiting around anymore. I am going out and working on my career now that I finally have the freedom to do so..
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  #9 (permalink)  
Old 08-08-2010, 08:57 PM
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This 6-month wait period after GC is the biggest myth esp among the desi community. I have never heard or seen any problem with citizen ship of anyone who switched job within 6 months of getting GC. If you have GC, you are as good as citizen except a few more rights that come with citizenship so enjoy your independence and work on your career !!
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  #10 (permalink)  
Old 08-09-2010, 01:31 AM
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Read question no. 13
MurthyDotCom : 485 FAQs
Quote:
Originally Posted by pd_recapturing View Post
This 6-month wait period after GC is the biggest myth esp among the desi community. I have never heard or seen any problem with citizen ship of anyone who switched job within 6 months of getting GC. If you have GC, you are as good as citizen except a few more rights that come with citizenship so enjoy your independence and work on your career !!
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  #11 (permalink)  
Old 08-09-2010, 10:17 AM
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Quote:
Originally Posted by masterji View Post
Read question no. 13
MurthyDotCom : 485 FAQs
Attorneys will obviously give this kind of answer because their loyalty is to their client which is the employer who gives them their revenue. So they'll answer which would be in favor of their client. Inspite of several questions of this kind on her forum she or any of her attorneys have not cited a single example of anyone running into trouble on this issue.
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Old 08-09-2010, 11:34 AM
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Questions for everyone to research and post the answers------


-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
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Last edited by pappu; 08-09-2010 at 11:38 AM.
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  #13 (permalink)  
Old 08-09-2010, 11:46 AM
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Guys,
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

------------------------

Hope this helps.

Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
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  #14 (permalink)  
Old 08-09-2010, 01:52 PM
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Quote:
Originally Posted by LegallyGC View Post

Hope this helps.

Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
Let's see examples of real cases. Not 'opinions'.
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  #15 (permalink)  
Old 08-09-2010, 03:37 PM
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Is there a way to receive an official answer from USCIS (may be IV can ask the question, not sure)? Or is there a law that specifically bars people to leave GC sponsoring employers? I was unable to find from the Internet. Can anyone find?
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