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h1b_morrisville
07-18-2011, 03:21 PM
Hey Guys,

What is the least amount of time one has to spend with the employer in order to avoid problems with the Green card?

What kind of problems can be encountered in the first place?

Also what is the least amount of time if the employer lays you off?

diptam
07-19-2011, 12:35 PM
There is no fixed rule/timeline here like "Family Based Immigration" .

If anyone can put up a case that you never had a intent to join this employer who sponsored your Green card then you/we are toast. On the other side , if you work for some reasonable time like 1 year (i'm just saying) which proves you definitely had intent to work with them however you got a great 2nd offer and that's why you are changing , no issues.

The bottomline is EB green cards are based on future employment with your employer.
You should not do anything which disproves your original intent to do so.


Hey Guys,

What is the least amount of time one has to spend with the employer in order to avoid problems with the Green card? What kind of problems can be encountered in the first place?

Also what is the least amount of time if the employer lays you off?

gcmangtai
07-19-2011, 12:49 PM
There is no fixed rule/timeline here like "Family Based Immigration" .

If anyone can put up a case that you never had a intent to join this employer who sponsored your Green card then you/we are toast. On the other side , if you work for some reasonable time like 1 year (i'm just saying) which proves you definitely had intent to work with them however you got a great 2nd offer and that's why you are changing , no issues.

The bottomline is EB green cards are based on future employment with your employer.
You should not do anything which disproves your original intent to do so.
Well my rational would be, 180 days from 485 application (AC21 rule) and nothing should be related to GC approval.

EAD
07-19-2011, 12:56 PM
The Oh Law Firm (http://www.immigration-law.com/)

Check the discussion dated 07/09/2011:

diptam
07-19-2011, 01:39 PM
The 6 month rule for AC21 is when you have approved I-140 and I-485 pending you can change employer for same/similar occupation 6 months after I-485 is filed - that's BEFORE Green Card approval.

However after Green Card approval there is no clear cut timeline that how long you will stay with the employer who gave you EVL ? Its assumed (in 1930's standard though) that you will be with them as like you are in permanent job.

This was my understanding.

Well my rational would be, 180 days from 485 application (AC21 rule) and nothing should be related to GC approval.

gcmangtai
07-19-2011, 01:44 PM
The Oh Law Firm (http://www.immigration-law.com/)

Check the discussion dated 07/09/2011:
Thanks for the link. Well, I still would think there should not be any restrictions after 180 days of 485 application (AC 21). That is just me and I wish I was making rules here ;)

OK. Going through the whole paragraph on ifs and what ifs. This is what I cud narrow it down to.. 60/90-day presumption of intent. A brief explanation of it can be found on below URL
Immigration Lawyer. Immigration Attorney. Fiancee Visa, Fiance Visa, K1 Visa, K3 Visa, Marriage Visa, I-601 Waiver, H1B, Adjustment of Status, Green Card, PERM, Labor Certification, Investor Visa, Naturalization (http://www.msclaw.com/news/3/71/30-60-90-Day-Rule-and-Adjustment-of-Status.html)

So, from the above website, can we draw a line/safety net that after 3 months (90 days) it is not obvious but is OK to change the Company. Just like on 65 speed limit, it is OK to go till +9 miles but you get a ticket above 10???

gcmangtai
07-19-2011, 01:58 PM
The 6 month rule for AC21 is when you have approved I-140 and I-485 pending you can change employer for same/similar occupation 6 months after I-485 is filed - that's BEFORE Green Card approval.

However after Green Card approval there is no clear cut timeline that how long you will stay with the employer who gave you EVL ? Its assumed (in 1930's standard though) that you will be with them as like you are in permanent job.

This was my understanding.
Sure, AC21 thing is before GC approval. What I intend to say was.. Employee can move out of a GC sponsing company after 180 days and join another company. This rule has given flexibility to employee not to get stuck with employer... so why have any restriction/intent clause after getting GC if the person has worked for more than 180 days after 485. Again, it just makes more sense for me.