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milestogo
07-22-2010, 05:27 PM
-What is the minimum period that one need to work with the employer who has sponsered the GC after receiving the GC?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?

milestogo
07-22-2010, 05:53 PM
any inputs....?

Raghunadh Polavarapu
07-22-2010, 07:36 PM
How long you have to work for your GC sponser after your GC: Atleast 10 Years:D:D:D

See the link http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/3305-changing-company-after-getting-green-card.html

solaris27
07-22-2010, 09:03 PM
but for safer side try to work for 6 months .


thanks

lfadgyas
07-22-2010, 10:42 PM
Although Im happy with my current employer I just wish for having such a problem you have to wait 5 more months or maybe 6 and there you go.
We have to wait years here and have to be careful for everything renew EAD, renew AP in time (how about H1 and L1's not able to file for GC ... ), oh yeah -do not change job or if you do you have to be conform with certain things; and do not be laid off since other than not having income it sucks a bit from the immigration side too; and so on, sorry guys something is really f. up here;
Hope all turns out ok for all of us - and that includes you also.... :)

gbof
08-08-2010, 12:57 PM
To me, this all looks so irrelevant for AC21 users... when you changed GC sponsoring employer and have moved on with or without filing AC21..... I know most have stayed with sponsor for 180 days before moving on, to safe guard GC approval

Please, share your thoughts for AC21 users in context to citizenship ...

immuser
08-08-2010, 01:11 PM
Good question. I am in the same situation. My GG was approved Aug 6th and happen to attend an interview the same day.
I already used AC21 and may have used it second time for this if GC was not approved. So question is can you switch jobs within day of receiving CG ?

From forum search, it does seem ok to switch jobs. Its hard for me to find a valid reason on why we need to stick to the employer for 6 months or 1 yr.
There are cautious people (to say it right, paranoid people to put it blunt) who will not use AC21 or have the theory of sticking to employer for 6 months or 1 yr.

I am still pondering, but leaning strongly towards switching job if the offer is good.

smisachu
08-08-2010, 01:44 PM
I am not sure you have to stick around for 6months or even 1 month. It is not specified anywhere. If the employer does not inform USCIS you are pretty much off the hook. Since we have GC now we dont have to tell USCIS or any one what we do. We can switch jobs/career paths and if the employer dosen't inform USCIS how will they know?

As far as people who used AC21, you are not with the original employer anyway so how does it matter if you switch jobs.

After being stuk on the career front for 10 years I am not waiting around anymore. I am going out and working on my career now that I finally have the freedom to do so..

pd_recapturing
08-08-2010, 08:57 PM
This 6-month wait period after GC is the biggest myth esp among the desi community. I have never heard or seen any problem with citizen ship of anyone who switched job within 6 months of getting GC. If you have GC, you are as good as citizen except a few more rights that come with citizenship so enjoy your independence and work on your career !!

masterji
08-09-2010, 01:31 AM
Read question no. 13
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
This 6-month wait period after GC is the biggest myth esp among the desi community. I have never heard or seen any problem with citizen ship of anyone who switched job within 6 months of getting GC. If you have GC, you are as good as citizen except a few more rights that come with citizenship so enjoy your independence and work on your career !!

DSLStart
08-09-2010, 10:17 AM
Read question no. 13
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)

Attorneys will obviously give this kind of answer because their loyalty is to their client which is the employer who gives them their revenue. So they'll answer which would be in favor of their client. Inspite of several questions of this kind on her forum she or any of her attorneys have not cited a single example of anyone running into trouble on this issue.

pappu
08-09-2010, 11:34 AM
Questions for everyone to research and post the answers------


-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

LegallyGC
08-09-2010, 11:46 AM
Guys,
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

------------------------

Hope this helps.

Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..

pappu
08-09-2010, 01:52 PM
Hope this helps.

Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..

Let's see examples of real cases. Not 'opinions'.

masterji
08-09-2010, 03:37 PM
Is there a way to receive an official answer from USCIS (may be IV can ask the question, not sure)? Or is there a law that specifically bars people to leave GC sponsoring employers? I was unable to find from the Internet. Can anyone find?

prabasiodia
08-09-2010, 06:24 PM
I think these memos might have been dissected a thousand times, but here they are:

Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.

Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.

masterji
08-09-2010, 06:43 PM
Thank you prabasiodia.

So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:

Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.

Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.

immuser
08-09-2010, 08:07 PM
I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.

The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.

After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.

Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.

DSLStart
08-09-2010, 08:36 PM
Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.

I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.

The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.

After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.

Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.

masterji
08-09-2010, 10:17 PM
It seems people who revoked AC21 during pre-GC stage, can continue to change employers in the post-GC phase. The confusion is for the people who stayed with their employers throughout the GC process. Please correct me if I am wrong.

simikishore
08-10-2010, 12:43 AM
My GC got approved almost a three weeks ago. I stayed with my employer through the whole GC process till now. Now I want to move on with better job/salary.
My attorney suggested to stay with the company for atleast 6 months as it may cause issues during the citizenship application. He also mentioned, employer has the right to revoke the approved green card.

Is it really true, employer can revoke the green cards, just merely for switching jobs.
I have my doubts that they can. Did anyone else heard anything similar.
I tried looking at the web but could not find any written law by USCIS on this.

desi3933
08-10-2010, 07:50 AM
Questions for everyone to research and post the answers------
........

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



______________________
Not a legal advice.
US citizen of Indian origin

boreal
08-11-2010, 11:18 PM
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?

ragarwala
08-12-2010, 09:33 AM
Masterji, Did you get your greencard in hand yet.

rweworld1
08-12-2010, 10:31 AM
In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.

Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)

Thanks,

R

apt29
08-12-2010, 10:52 AM
Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.

+1 to your avatar

:D:D:D

shreekhand
08-12-2010, 11:00 AM
Sorry... but what kind of a question is that ? You applied for "Permanent" Residence without understanding what it stands for ?

You are not obligated to apply for citizenship if you are a permanent resident.

Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?

MeraNaamJoker
08-12-2010, 11:49 AM
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?

You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.

Now to the original question of this thread.

It is highly recommended that one must stay with the original sponsoring company for atleast 6 months after the GC is approved. If you leave the company in good terms with them or rather if they do not create any fuss, then you are safe.

Say in my case, my original employer laid me off and I ported my process with AC21 to another company, where I am working for 3 yrs and just got my GC approved. I am not obligated to stay with this company as they are not my original sponsor. And again they cannot revoke my GC.

Having said that, the employers can create problems for you, if they decide to hunt you down. But that will not do them any good other than the 'revenge' they may enjoy on you.

My collegue was planning to leave his company after GC approval and his employer cancelled the GC process by withdrawing the application. The USCIS has informed him about this officially to him. He was panicked and was about to start another application and one fine morning, his GC approval came to him through snail mail.

What I am trying to say is there are laws, rules, processes and methods. Not everything will be applicable everytime or does not happen all the time. It truly depends on your luck too.

GOOD LUCK!!!

boreal
08-12-2010, 11:57 AM
Sorry... but what kind of a question is that ? You applied for "Permanent" Residence without understanding what it stands for ?

You are not obligated to apply for citizenship if you are a permanent resident.

Friend, you have rage issues!

boreal
08-12-2010, 11:59 AM
You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.


yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.

gcstudent
08-12-2010, 04:39 PM
In my opinion all this 5 months, 6 months rule applies only if you have not waited at any step. Like in EB1 where you can go thru the whole process in an year.. However if they made you stick to the same employer , same position for 10 yrs (maan i.e 1/4th of your working life!!) you can always have a strong argument even if USCIS decides to do something. I think those who got "freedom" , you have worried enough.. now it is the time to "go out" and enjoy!!

illinois_alum
08-12-2010, 05:27 PM
A little unrelated question but couldn't find the the right thread to post it...

What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?

apt29
08-12-2010, 05:52 PM
A little unrelated question but couldn't find the the right thread to post it...

What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?

Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.

illinois_alum
08-12-2010, 07:08 PM
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.

I know that other than the GC and the passport...you don't need any other document. I guess your question can be interpreted as ...would those other documents help if you somehow lose your GC while traveling outside?

garybanz
11-02-2010, 03:16 PM
Papu,

Is IV in a position to check with USCIS on the official guideline for this issue?

Thanks.


Questions for everyone to research and post the answers------


-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

LostInGCProcess
11-02-2010, 03:33 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



______________________
Not a legal advice.
US citizen of Indian origin


You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!

pappu
11-02-2010, 03:58 PM
Questions for everyone to research and post the answers------


-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.


I will repeat again that I said earlier.

Again, do not quote some lawyer's opinion on this issue from his/her website.

thomachan72
11-02-2010, 04:07 PM
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.

What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? :D:D If so how much would that be?

LostInGCProcess
11-02-2010, 04:13 PM
What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? :D:D If so how much would that be?

I think, it is 2 years.

garybanz
11-02-2010, 05:25 PM
I will repeat again that I said earlier.

Again, do not quote some lawyer's opinion on this issue from his/her website.


Papu,

The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.

It would be really great if IV can contact USCIS and get an official guideline on this topic.

Thanks.

permfiling
11-02-2010, 10:11 PM
Papu,

The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.

It would be really great if IV can contact USCIS and get an official guideline on this topic.

Thanks.

There are ppl who moved 2 or 3 months after getting GC and have got their USC

AC21 N400 Cases - 2010 (http://forums.immigration.com/showthread.php?309220-AC21-N400-Cases-2010)

garybanz
11-03-2010, 10:58 AM
There are ppl who moved 2 or 3 months after getting GC and have got their USC

AC21 N400 Cases - 2010 (http://forums.immigration.com/showthread.php?309220-AC21-N400-Cases-2010)

I went through the entire thread, i did not find any cases of people who had never used AC 21 and who left their employers right after 485 approval.

To be very specific, we need clarification on what the consequences are of leaving the sponsoring employer right after getting the GC esp people who never used AC21 and have been with the sponsoring company for several years before getting the GC.

desi3933
11-03-2010, 02:15 PM
Questions for everyone to research and post the answers------
......

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


______________________
Not a legal advice.
US citizen of Indian origin

desi3933
11-03-2010, 02:17 PM
You are the best!!! You are like the last word one could rely on.

Big fan of yours!!!


Thank you so much for your kind words.


.

garybanz
11-03-2010, 02:28 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


______________________
Not a legal advice.
US citizen of Indian origin

If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?

desi3933
11-03-2010, 02:31 PM
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing?

Are you saying that it's all smoke and no fire?


Read this post -
http://immigrationvoice.org/forum/1977273-post22.html



.

godspeed
11-03-2010, 02:36 PM
no, its called covering our behind, if in future something comes back to bite ;),
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?

pappu
11-03-2010, 04:09 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


______________________
Not a legal advice.
US citizen of Indian origin

That is exactly I was trying to tell people here. Each lawyer can interpret law and put on his website. But the fact is we have not seen a single case of citizenship denial or RFE where someone had changed the job immediately after getting a job. If there was any such case, send it across for us to see.

permfiling
11-03-2010, 04:28 PM
I agree with you as I spoke with a friend who got his USC. His company got sold off after he got his GC in 2 months so joined another company.

rksaigal
11-03-2010, 04:34 PM
My neighbor was asked to how many years he worked with the company who sponsored his green card. He mentioned he had worked for two years. This was when he was applying for citizenship.

Although there is no mention in law for a specific duration. As Pappu said, its a lawyer's interpretation. I have yet to see USCIS's interpretation, especially what is the criteria followed in the naturalization interview.

- Rakesh

wc_user
11-03-2010, 06:19 PM
Having said all this, I think it is safe to stay for a few months and then move on.. Wehave waited for nearly a decade.. what's the problem in staying for 4 months or so.. just take a vacation and go to India.. A month will go while in India, couple of months in planning and another month in recovering from Jet lag.. there you go.. it is 4 months now..

permfiling
02-08-2011, 06:44 PM
Having said all this, I think it is safe to stay for a few months and then move on.. Wehave waited for nearly a decade.. what's the problem in staying for 4 months or so.. just take a vacation and go to India.. A month will go while in India, couple of months in planning and another month in recovering from Jet lag.. there you go.. it is 4 months now..

My cousin took a offer from a employer in CA who who did her H1 transfer but the condition mentioned in the agreement is that

In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

Now my cousin got her GC through her hubby which her employer does not know .

The employment laws in CA are different in the sense that all these agreements are not valid so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.

Jipjap74
02-09-2011, 02:24 AM
My company let ME go the day after i got my GC. My attorney said it didnt matter as once you have your GC you are free to work for whomever you want.

testtesttest
08-24-2011, 07:19 PM
I have been on short term disability for past 3-4 months....I have been working with my company for last 6 yrs and received my green card last month...Is it safe to leave my job now on medical grounds ? Will there be a risk to my gc?