Want to quit after getting GC, but waiting on wife's GC? What to do?

[timmyali]

Hello,

I got my GC based on EB-2 on Sept 15th. My wife's 485 is still in process. If I were to quit my current employer now, will it have any effect on my wife's 485? How long do I need to stay with the employer after receiving GC?

Also, 485's current processing time is 4 months in Houston office and my wife's 485 was filed (alongside mine) and receipt date is June 15th. Based on the receipt date its four months have already passed. Is there anything that can be done to expedite her GC? Can we find out what's taking USCIS long?

Please help.

[Belle]

Her green card is fully dependent on you keeping yours - in other words, the only way her case can be denied, is if your green card is revoked. And if that happens, your wife's status will be much lower on your priority list. Now, I would not recommend you changing jobs that early because, in fact, your employer may try to claim that you got your green card fraudulently.

[JoeF]

If you quit the job too early, you risk accusations of immigration fraud.

See http://www.murthy.com/485faq.html#13

[timmyali]

Thanks for your answers.

My employer was taking advantage of me. He has not raised my wages nor has he paid my year-end bonus. Every time I would go to him asking about pay raise and last year's bonus, he would just keep saying "yes, yes, I will give it to you". I have a strong feeling that this won't happen as another year is about to end. I have severe doubts about him paying my current year bonus as well (since he still has to pay my last year bonus). I will wait until Dec 15th (3 months after receiving green card), before making a move. This way I want to give him time and want to see whether he will ever pay me my past dues.

Based on the above reasonings, do you believe that I would still face issues from USCIS? Do you think 3-month time window is good enough?

Please respond.

[Belle]

My employer was taking advantage of me. He has not raised my wages nor has he paid my year-end bonus. Every time I would go to him asking about pay raise and last year's bonus, he would just keep saying "yes, yes, I will give it to you". I have a strong feeling that this won't happen as another year is about to end. I have severe doubts about him paying my current year bonus as well (since he still has to pay my last year bonus). I will wait until Dec 15th (3 months after receiving green card), before making a move. This way I want to give him time and want to see whether he will ever pay me my past dues.

Based on the above reasonings, do you believe that I would still face issues from USCIS? Do you think 3-month time window is good enough?

Please respond.

Did that start yesterday? I guess not. It has been going for a while, right? And why have you been staying with the blood sucker? Because he was sponsoring your green card, correct? And you, my friend, after selling your life and career for a green card, suddenly now want it back? Well, you sold it. And if you leave now, your employer may complain to the USCIS that you never intended to stay with them.

My recommendation is to have a consulatation with a labor lawyer licensed in your state (since labor laws are different by state) and sue your emplooyer for back wages. That of course if you have the legal claim to them.