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  #1 (permalink)  
Old 08-27-2010, 09:26 AM
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Cool Sheela Murthy - Her take on AC 21 - After Green Card

Sheela Murthy's newsletter has added a WRENCH to many of us, who are planning to move to a NEW Job, after getting the Green Card. Please read below from her 08/27/2010 newsletter. i think she is reading too much into the AC21 rule and trying to confuse the immigrant community.

a) If Sheela Murthy assumption has some truth. What can we do?
b) If we need to get a clarification on this post-GC situation to change jobs, whom can we contact.

Read the section marked in underline.

Nuances: Job Offer is Key
As mentioned above, an employment-based green card case is typically based on a job offer. In considering the use of AC21, the new job offer needs to exist prior to approval of the I-485. It is not necessary to start employment in the new position prior to approval. This can become important, given the volume of I-485 approvals our firm is receiving at this time. Many individuals will accept a job offer, give the current employer proper notice and, while working out the notice period get the I-485 approval. In such a case, AC21 would still apply, as the new job offer existed before the approval. These individuals would be expected to start their new, AC21 jobs very shortly after approval.

We at the Murthy Law Firm wish to emphasize that the example given above is quite different from accepting a new job offer shortly after receiving a green card. AC21 portability is available prior to approval; afterwards, it is not mentioned anywhere in the statute or regulations or USCIS guidance as a viable option.
__________________
PD- EB2/India - 12/21/2005, NSC
485 applied 08/02/2007,
FP - 10/07, 140 approved.
Did not apply for EAD and AP
GREENED Aug 12, 2010

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  #2 (permalink)  
Old 08-27-2010, 09:57 AM
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Default I believe her interpretation

I believe she is right in deciphering that. AC21 is only while I-485 is pending. As I undertand, approval of I-485 changes your state from Pending AOS (if not wrong Conditional Resident) to Permanent Resident. And since, your green card is approved with whoever you filed as your employer on I-485 application (or last invoked AC21), you need to stay with them (may be different if AC21 was invoked).
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  #3 (permalink)  
Old 08-27-2010, 10:09 AM
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Default Not to worry too much about it.

As long as you are employed or have a job offer in same or similar position at the time of your I-485 approval one should be okay. I do not think of any case where this has become an issue after getting the GC. But, there are a number of cases I know, who have left the sponsoring company soon after getting GC and who got the Citizenship!
Does she have any cases where USCIS has done something to the people who left the sponsoring company soon after getting GC?????
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  #4 (permalink)  
Old 08-27-2010, 10:09 AM
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Cool See AC21 Memo

Does this answer have any correlation with the "new job" offer.

Question 14. Must the alien have a new offer of employment at the time the I-485 is being
adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
Attached Files
File Type: pdf AC21Intrm122705.pdf (94.1 KB, 24 views)
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PD- EB2/India - 12/21/2005, NSC
485 applied 08/02/2007,
FP - 10/07, 140 approved.
Did not apply for EAD and AP
GREENED Aug 12, 2010

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  #5 (permalink)  
Old 08-27-2010, 10:14 AM
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Default

When rules and details aren't so clear...it always helps to take legal advice. Ms.Murthy has given her opinion and it seems logical to me. One other thing that isn't clear is the length of "reasonable duration" as mentioned in her letter. It isn't clear anyways and some believe it is 6 months...some 1 year. Some folks believe that it might become an issue while applying for Citizenship..Again..it isn't very clear.


Bottom line...follow legal advice ..It is better to be safe than sorry.
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  #6 (permalink)  
Old 08-27-2010, 10:35 AM
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Cool

anil:

You are right.

My current scenario is that my contract with my client is coming to an end within the next 1-2 months. My GC employer does not have any projects lined up and I need to move on without him (more money) or with him (less money), eventhough either way I will be doing the same job classification...I think, if I get a job classification of the new job with similar job details, I should be fine.
__________________
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485 applied 08/02/2007,
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Did not apply for EAD and AP
GREENED Aug 12, 2010

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  #7 (permalink)  
Old 08-27-2010, 10:37 AM
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Default

Looks like Ms. Murthy's clients requested her to confuse their employees. She is only talking about a very narrow scenario. It applies to people whose priority date is current and are looking for new jobs. No need to panic.
Also attorneys would like err on the safe side especially on the free advice. So look for a grain of salt and some water.
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  #8 (permalink)  
Old 08-27-2010, 10:42 AM
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Default

Friends,

I feel funny to look at the way we get worried. I saw another post on IV couple of days back.
The applicant has left job 2 years back and never notified USCIS. Never invoked AC21. He said his employer revoked approved I140. He got his GC now. I believe his PD is Sep-2005 EB2.
My colleague was mentioning, his friend came here through Indian company (recent scandal one). He has some 5+ years of experience. Applied through EB1 as MNC Manager. Got his GC in an year.
Whereas we are worrying about small time windows like this post. Should we wait 1 year after GC? etc...
I also worry a lot being extra cautious about job, immigration, etc. I feel it is just not worth it.
People make best use of Immigration other than some worried people who are stuck with EB3 or EB2. On top of it, recently EB3 folks and EB2 folks are fighting among themselves.

Thanks.
------------------------------------------------

Quote:
Originally Posted by FinalGC View Post
Sheela Murthy's newsletter has added a WRENCH to many of us, who are planning to move to a NEW Job, after getting the Green Card. Please read below from her 08/27/2010 newsletter. i think she is reading too much into the AC21 rule and trying to confuse the immigrant community.

a) If Sheela Murthy assumption has some truth. What can we do?
b) If we need to get a clarification on this post-GC situation to change jobs, whom can we contact.

Read the section marked in underline.

Nuances: Job Offer is Key
As mentioned above, an employment-based green card case is typically based on a job offer. In considering the use of AC21, the new job offer needs to exist prior to approval of the I-485. It is not necessary to start employment in the new position prior to approval. This can become important, given the volume of I-485 approvals our firm is receiving at this time. Many individuals will accept a job offer, give the current employer proper notice and, while working out the notice period get the I-485 approval. In such a case, AC21 would still apply, as the new job offer existed before the approval. These individuals would be expected to start their new, AC21 jobs very shortly after approval.

We at the Murthy Law Firm wish to emphasize that the example given above is quite different from accepting a new job offer shortly after receiving a green card. AC21 portability is available prior to approval; afterwards, it is not mentioned anywhere in the statute or regulations or USCIS guidance as a viable option.
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  #9 (permalink)  
Old 08-27-2010, 10:44 AM
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Default whats happens when you are laid off

whats happens when the employee who got green card is laid off. In this case the employee did not leave on his own but was liad off from the company which sponsored his green card.

I know a guy who was laid off within 2 weeks of getting his green card. In this economy i am sure there are ton's of such cases

Last edited by hydboy77; 08-27-2010 at 10:46 AM.
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  #10 (permalink)  
Old 08-27-2010, 02:56 PM
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Default

Quote:
Originally Posted by hydboy77 View Post
whats happens when the employee who got green card is laid off. In this case the employee did not leave on his own but was liad off from the company which sponsored his green card.

I know a guy who was laid off within 2 weeks of getting his green card. In this economy i am sure there are ton's of such cases
If you are laid off in the immediate aftermath of obtaining GC, ask for termination letter from the employer. Keep the termination letter till you apply for citizenship etc. so that you can always have proof that you changed employers involuntarily...
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  #11 (permalink)  
Old 01-20-2011, 05:24 PM
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Default

Quote:
Originally Posted by transpass View Post
If you are laid off in the immediate aftermath of obtaining GC, ask for termination letter from the employer. Keep the termination letter till you apply for citizenship etc. so that you can always have proof that you changed employers involuntarily...
There is no time limit to wok with the same employer after GC. Think about these scenarios

1. A person comes into US on diversity lottery and can look for a job and work
2. Spouse of the person who gets GC through employment based does not work at all or works after a year but applies for citizenship and gets approved.
3. The Permanent resident manual does not mention anything


I suspect that the lawyers are favoring the employers so that it is not a immediate loss of business and the employers can make alternative arrangements in this 6 months like promotions etc

Chill guys !
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  #12 (permalink)  
Old 01-20-2011, 06:14 PM
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Default

Hi All,
My green card appliation was approved in Aug 2010, but i left my company (which sponsered my GC) in June 2010 after working 7 years, after that i never filed AC21.

Should i get any kind of letter from my GC sponsered company? will this be a problem for citizenship process? please let me know what to do.

Thanks
chintainfogc
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  #13 (permalink)  
Old 01-20-2011, 08:46 PM
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Default Don't worry

Quote:
Originally Posted by chintainfogc View Post
Hi All,
My green card appliation was approved in Aug 2010, but i left my company (which sponsered my GC) in June 2010 after working 7 years, after that i never filed AC21.

Should i get any kind of letter from my GC sponsered company? will this be a problem for citizenship process? please let me know what to do.

Thanks
chintainfogc
As you had already worked and your I-140 was never revoked by your company, it does not matter as long as you were working in the same field after leaving the GC sponsored employer. If you had left after the 180 days of filing of 485, it should not matter
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  #14 (permalink)  
Old 01-21-2011, 11:45 AM
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Default

The safe rule of thumb is that the employee stay with the sponsoring company at least for 8 months after getting GC. This is something many lawyers recommend.

However, there are many cases when people have left the sponsoring company immediately and gotten their citizenship, while others may have had to provide additional documentations.......the choice is entirely personal.
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  #15 (permalink)  
Old 01-21-2011, 01:29 PM
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Default

This is not a personal choice, it's more of how much risk you want to take. Most of us have waited so long for the GC that it feels better to take the loss and stay with the employer for another 6 months.

I wish IV could get us a clear cut clarification from USCIS...



Quote:
Originally Posted by willigetgc? View Post
The safe rule of thumb is that the employee stay with the sponsoring company at least for 8 months after getting GC. This is something many lawyers recommend.

However, there are many cases when people have left the sponsoring company immediately and gotten their citizenship, while others may have had to provide additional documentations.......the choice is entirely personal.
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- Contributed over $500 to IV
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