Time after GC

[UrgentQ]

Aftter employment based  i485 approval, for how long we need to work with current sponsor employer. 1. Although 485 was filled year back but approval came recently. can i change job?

2. Does job title matters any more

[pontevecchio]

It has been suggested that 6 months to an year would do the trick. But it is not that clear cut. If you get a much better offer or an offer much better career wise, of course you can leave at any time. They lay you off the next week after getting the GC, YOU ARE EXPECTED AND ALLOWED TO GET ANOTHER JOB. Nobody expects you to work in the same job and/or field for ever. A consult with the firm of Murthy or any of your choice may help guide you based on the exact specifics of your situation.

[JoeF]

The issue, what pontevecchio hinted at, is that at the time of getting thet GC, you are not supposed to have any intent to change jobs.

Now, of course, intent is hard to figure out. It is all in your head, after all. But if you started a job search before the GC was issued, or shortly thereafter, it looks suspicious. Of course, it's not a problem if the company initiated a layoff. Getting a new great lead on LinkedIn all of a sudden isn't an issue, either, because it is easy to show that you didn't initiate anything.

After a few months, it generally is not an issue at all even if you initiate the job search.

For historical reference, some 20-25 years back, there was a rule in the law that leaving the GC job within 2 years was considered evidence that the GC was not applied for in good faith. The Supreme Court eventually struck that down as unconstitutional. Some USCIS officers may still have that mindset, and it may have made somewhat of a comeback with the current anti-immigrant administration. If that happens, a good lawyer can put any such issue to rest rather quickly.

 

[UrgentQ]

Thanks Pontevecchio and JoeF for your advise. In such scenrio can it lead to revoke of GC or will it be problem at time of citizenship?As per my understanding now I don't need to get any approval from USCIS till filling for citizenship. 

Hope I am able to convey message, I am trying to understand where it can cause the issue.

[pontevecchio]

Instead of guessing about what may happen,  consult with a lawyer, maybe the firm of Murthy to get some idea. To the best of my knowledge and belief, unless fraud is proven, your GC remains intact and so should the naturalization.

[JoeF]

What pontevecchio said.

[UrgentQ]

But wht was AC21 rule. if I applied before GC but after 180 days of filling 485. During hiring process if GC got approved and I join company after hiring process completed.Can this still be considered as fradulent?

[JoeF]

3 hours ago, UrgentQ said:

But wht was AC21 rule. if I applied before GC but after 180 days of filling 485. During hiring process if GC got approved and I join company after hiring process completed.Can this still be considered as fradulent?

Yeah, that's one of the problems with AC21. It only applies while the GC is pending. It is silent about the scenario you mention.