Can I move right after my GC approval

[9years_wait]

Experts –

I am sure some one asked this question before ( I searched for an ariticle from Murthy but not found) but would like to know what to do if I leave the Company right after I get the GC?

I am working with current employer from the past 11 years and I got my GC approval after 9+ years wait. I am sure, if I move to different company, I make more money in same field that I am currently working. My employer is big on legal, I am sure my employer will report USCIS that I left the company. So in case, if CIS questions, is it enough to state that I moved because of better prospect? ( Just for clarity, I am moving to new employer whith in 2 months of GC approval)

Thanks much

[pontevecchio]

"My employer is big on legal, I am sure my employer will report USCIS that I left the company"

You are wrong. Once you have the GC the USCIS is out of the picture. Talk to a Lawyer. It is possible to leave.

[pontevecchio]

Just to add the usual advice is to stay for at least 6 months to one year after getting the GC. Each case is unique.

[Joe.F]

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

[9years_wait]

Thank you all. I read Murthy Aricle http://www.murthy.com/485faq.html#13.

I have question on employer good faith in employee, intent of future Job.....

if my employer try to layoff's me can I take any legal action?

[rs_1973]

Unless you can establish discrimination of some form you cannot pursue legal action against your employer for laying you off. It is a fact of life for most people, get on the bandwagon collect your unemployment benefits and find another job at your earliest....

[suma123]

Originally posted by 9years_wait:

Thank you all. I read Murthy Aricle http://www.murthy.com/485faq.html#13.

I have question on employer good faith in employee, intent of future Job.....

if my employer try to layoff's me can I take any legal action?

The faith and intent seems one way. Employer can fire you right away. But you cannot leave them right away. What an irony.

[suma123]

What if one decides not to work for 6 months after getting GC, but stays with the employer. Off course no work, no pay. But I don't want to earn any more money for the employer.

[Joe.F]

Originally posted by suma123:

What if one decides not to work for 6 months after getting GC, but stays with the employer.

You have to work for the employer, otherwise, it would be considered fraud.

[suma123]

take a look at this link

immigration-information

It seems confusing to me that why one immigration lawyer says changing employer after getting GC is ok, and he clearly says it doesn't affect citizenship. He also mentions that changing careers/occupation is a problem, but not the employer. As long as you work in the same field you should be fine.

So, to me it seems that if your employer doesn't complain to USCIS that you broke the promise/intent, then you should be fine.

[This message was edited by Admin on August 24, 2011 at 07:04 AM.]

[Joe.F]

That one lawyer is known to have that specific opinion. Pretty much every other lawyer advises more caution.

One lawyer has a lengthy explanation:

"There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is."

In particular, "Each case has to be determined upon its own merits."

There simply is no "one size fits all" answer.

That's why there are rules of thumb.

[Belle]

Personally, I would not trust the recommendation of this particular lawyer. Here is why. For some reason s/he believes that AC21 provisions apply after the petition is approved, and it is not the letter of the law, and it is very unlikely to be in the spirit of the law. Green card gives you permanent work authorization in any profession, so it is unreasonable, in my opinion, to insist on a certain profession once you determined that the worker is free to work for whomever s/he wants.

The bottom line is - is there an indication in your case that you did not have an intent to work for the employer indefinitely when you filed I-485? If your petition had been approved in 2 months, and you quit a week after it had been approved, then your case is definitely suspicious. However, if you have a good reason for quitting, and it matrialized in that last week, then you are probably fine. Your project may have been closed unexpectedly or your child may have gotten very ill and required round-the-clock care - if you have a strong argument that you honestly intended to work indefinitely, but stuff happened, then you should be fine. On the opposite side of the spectrum are people who did not want to "risk" their petition by using AC21, and decided to tough it out with a cr@ppy employer for 4 years while it was pending, then quit 6 months after. If the employer complains that you never had intent to work for them, and you were there just for the green card (and has proof, like a stupid email you wrote before you quit), then you may lose your green card.