kumar7705

After GC - how long do you have to stay with your employer

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After getting GC - how long do you have to stay with your employer? Is there any such rule that you have to stay certain period?

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This issue depends on the specifics of the situation. Did your employer file for you as an Executive (EB-1C)? Did you get your status as an Outstanding Researcher of Professor for as particular University or Company? Did you get a NIW to work in a "specific field"?

Will an immediate departure look like it was a fraud to begin with? (Will it come back to haunt you later?)

It depends.

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do you know how to search? if you do a simple search you would find the answer.

there is no specific time limit. generally 6motnhs to 1 year. longer you stay the better.

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There is no such rule however 1 year or so is assumed to be a safe period. This will matter when you file for the citizenship.

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This topic was discussed on Murthy.com in one of the newsletter. (I think 2 months back)

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It derpends on the totality of the circumstances. Obviously you had a good faith intention of working for the sponsor on GC approval. Generally 6 months to an year is said to be safe to avoid allegations of impropriety and fraud which would seem to be extremely rare. On the other hand maybe the biggest company in the world in your field made you a tremendous offer in which case you can take it the next day. Intent is a frame of mind. Whenever you do want to change your employer with indecent haste as it were, firat tak to a Lawyer.

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this topic has been discussed innumerable times in this forum..

I definitely thought so, but could find right search criteria. I'll try more..Perhaps these should be put as sticky in the forum.

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This is from ******** in reference to counslar processing:

"....

In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the "rapid course of events" following the alien's receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien's intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien's change of employment."

Please suggest

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This is good information. I've another question: Can you move to another position within the same organization but different job function? Is this ginna be a problem down the lane? I understand that GC is filed based on job responsibilities and not on candidate or company.

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This is from ******** in reference to counslar processing:

"....

In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy.

Hmm, not quite.

Seihoon v. Levy applies to non-immigrant change of status.

There is no official statement that I know about the government using Seihoon v. Levy in connection with Greencards.

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Thanks JoeF....how can this be confirmed? Murthy Admins/ Attorney please suggest

Hmm, not quite.

Seihoon v. Levy applies to non-immigrant change of status.

There is no official statement that I know about the government using Seihoon v. Levy in connection with Greencards.

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Hi Every one,

No hard feelings on any one here (on this topic), but I wanted to share a very important things which I came across.

Please do not mislead people here in this form about how long do you have to stay with your employer.

"There is NO rule that you have to stay with your employer for certain amount of time".

Here are two things,

1) Leaving employer after getting EAD and

2) Leaving employer after getting GC.

Answer to 1#. You can change your employer after you get your EAD, but Attorneys / people advise not to change on EAD, because in case of an RFE the issue will be complex to handle i.e as the new and old employer has to provide certain documents which includes but not limited to...a) The job description/ role should match with what the old employer filed at the time of Labor, b) Every year the new employer has to report to USCIS saying that they still employed the candidate and they still support and have the job for the candidate. (again things diff case by case)

so, just to avoid all the hassel, every one advises not to change on EAD.

Answer to 2#. You can change your employer after you get your GC with no time limit or with any other boundries.

In both the cases, you can legally work for any employer in United States.

Please let me know if you still need more information on this.

Thanks,

Anil Kudumula.

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Hi Every one,

No hard feelings on any one here (on this topic), but I wanted to share a very important things which I came across.

Please do not mislead people here in this form about how long do you have to stay with your employer.

"There is NO rule that you have to stay with your employer for certain amount of time".

Nobody said otherwise.

But, you have to have the good faith intent to work for the employer "indefinitely." That doesn't mean forever, but it means that at the time of getting the GC, you can not have the intent to leave the employer.

Now, the question then becomes, how do you show your intent?

The common sense way is to work for the employer for some time, and the rule of thumb is 6-12 months.

That's all there is to it.

And, btw, that has been discussed lots and lots of times.

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These issues are not 100% without guidance from precedents if you look below the surface of the decisions and acknowledge the underlying principles discussed:

See Matter of Neto, 25 I&N Dec. 169 (BIA 2010) which overruled of Perez Vargas, 23 I&N Dec. 829 (BIA 2005) and the various cases cited within them such as the following, as only two examples:

Matter of Bark, 14 I&N Dec. 237, 240 (BIA 1972) (noting that the “statute specifically provides that the visa petition procedure shall not be construed as entitling an immigrant to enter the United States if at the time of arrival he is found not to be entitled to the classification accorded him by the visa petition, section 204(e)”), rev’d on other grounds, Bark v. INS, 511 F.2d 1200 (9th Cir. 1975).

Matter of Welcome, 13 I&N Dec. 352 (BIA 1969) (finding that the Board had authority to determine the validity of a labor certification when the alien knew the certified job was no longer available prior to departure from abroad).

http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html

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