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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1  
Old 07-22-2008, 04:47 PM
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Default What is the law for after you get the GC

Is unclear to me what the law is for those 2 cases

1) You are with the employer that sponsored I140 and you get GC.

2) You use AC21 and move to employer B and get you GC while at employer B.


And the question is...:

Are you free after getting the GC to move to another company or you need to stay with current employer for a certain amount of time?
How whould USCIS know if you moved?
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  #2  
Old 07-22-2008, 04:53 PM
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I am not a lawyer; but this is what I believe to the best of my knowledge:

1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

I guess above two points answer your last question as well...

Good Luck.
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  #3  
Old 07-23-2008, 11:33 AM
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As I understand from the answer, you cannot change employer for a 6 months period starting from the time one applies for AOS and another 6 month period starting from the time you actually get the GC.

I thought that the 6 months ‘ban’ is only from the AOS application date.

Can anybody confirm this?
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  #4  
Old 07-23-2008, 12:27 PM
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Quote:
Originally Posted by tw00ne View Post
Is unclear to me what the law is for those 2 cases

1) You are with the employer that sponsored I140 and you get GC.

2) You use AC21 and move to employer B and get you GC while at employer B.


And the question is...:

Are you free after getting the GC to move to another company or you need to stay with current employer for a certain amount of time?
How whould USCIS know if you moved?

Chew on :

http://immigration-information.com/f...ead.php?t=4380
http://immigration-information.com/f...ead.php?t=5582
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  #5  
Old 07-23-2008, 12:31 PM
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Quote:
Originally Posted by kondur_007 View Post
I am not a lawyer; but this is what I believe to the best of my knowledge:

1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

I guess above two points answer your last question as well...

Good Luck.
Ron Gotcher (www.immigration-information.com) suggests (at least my understanding of reading his posts) that its enough if we meet the "same or similar job position" and not necessary to stick with same employer. But other attorneys differ. I guess, my question would be, what kind of problems one would encounter during naturalization if we didn't work for Gc sponsoring employer. My googling tells me there wont be any problem.

Disclaimer : I am not an attorney and use this info at your own discretion.
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  #6  
Old 07-23-2008, 12:32 PM
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Default Its not a hard and fast rule

It was asked by someone before also. You are supposed to stay with the employer with which you were when your GC was approved ( original or after AC21 ) for six months.

But I don't think anyone follows that rule to death . I have seen lots and lots of people who move on to other jobs after getting their GC or not. Its all upon an individual.

USCIS is too busy to adjudicate all the millions of applications to come after you after they have approved your GC. They would rather investigate PERM labors and H1 fraud cases rather than any one individual who has already got a GC to see if he is working for the same company.

So for all practical purposes you are free.

Enjoy the freedom and don't get unnecessarily worried even after getting a GC. DOL doesn't revoke a GC unless a grave offense is comitted .
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  #7  
Old 07-23-2008, 12:49 PM
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Default 6 months to 1 year

Quote:
Originally Posted by tw00ne View Post
Is unclear to me what the law is for those 2 cases

1) You are with the employer that sponsored I140 and you get GC.
I had corresponded with my attorney(attorney in Sheila Murthy law firm) regarding this, she recommended ideally 6 mos. to 1 year. A guy that I know very well quit 3 months after getting the GC - No problem, so far(**Touchwood). The general consensus it there is no hard and fast rule and it is a gray area!. I read somewhere that it might count when getting your Citizenship.

My opinion is I've waited so long to get the GC so 6 mos. is a small time time frame when I weigh in the risks.

My wife hasn't gotten her GC yet, and when I asked my attorney about quitting the company in the context of my spouse getting her GC, she mentioned stay with them for 1 year.

Sanjay.

Last edited by sanjaymk; 07-24-2008 at 11:55 AM.
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  #8  
Old 07-23-2008, 02:38 PM
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Well, all of the above responses are correct..!!

There is really no law that specifies the duration.

All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."

Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.

Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).

If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...

Again, there is no clear law on this...
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  #9  
Old 07-23-2008, 02:59 PM
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Default

Quote:
Originally Posted by tw00ne View Post
Is unclear to me what the law is for those 2 cases

1) You are with the employer that sponsored I140 and you get GC.

2) You use AC21 and move to employer B and get you GC while at employer B.


And the question is...:

Are you free after getting the GC to move to another company or you need to stay with current employer for a certain amount of time?
How whould USCIS know if you moved?
You cannot worry for life. You and you only will suffer if you keep worrying.

You have already had your share of worries before the GC.

My husband and many of our friends left Company whithin 2-4 months of GC .

Just make sure you leave with a lot of goodwill.

Ignore all the stupid "play safe" advise and just move on already!!
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  #10  
Old 07-23-2008, 04:12 PM
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I would advise 6 months - 1 year ( mostly from the citizenship angle ).
Now, a port of entry officer also can question you. If the officer is of an anti-immigrant or irritated one, can grill you and lead to problems with LPR status.
[ Most of my friends from a consulting company left after completing 6 months. ]
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  #11  
Old 07-23-2008, 04:18 PM
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Quote:
Originally Posted by tw00ne View Post
Is unclear to me what the law is for those 2 cases

1) You are with the employer that sponsored I140 and you get GC.

2) You use AC21 and move to employer B and get you GC while at employer B.


And the question is...:

Are you free after getting the GC to move to another company or you need to stay with current employer for a certain amount of time?
How whould USCIS know if you moved?
For applying for naturalization, you have to fill up an extensive form, where lots of details are to be filled, like all the times that you travelled out of USA and came back (all the dates etc. needed there). Also, which companies and duration you worked. Also, W2 etc would determine if you worked for the company at all.
my 2 cents...

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  #12  
Old 07-23-2008, 04:21 PM
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Default Any example

Quote:
Originally Posted by mallu View Post
I would advise 6 months - 1 year ( mostly from the citizenship angle ).
Now, a port of entry officer also can question you. If the officer is of an anti-immigrant or irritated one, can grill you and lead to problems with LPR status.
[ Most of my friends from a consulting company left after completing 6 months. ]

Has it ever happened with anyone that a GC holder is grilled by an immigration agent at port of entry ??
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  #13  
Old 07-23-2008, 04:30 PM
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The law says "intent" for permanent job and "bonafide job for GC sponsership". No one has hard definition for intent or time limit to work for sponser after GC. The rule for GC is based on permanent job. Then, What is permanant? How much time consitutes permanet? There is no definiton for that. Only the intension at the time of sponsership is important. Then the question is, how to show that? If any one worked for sponser {either in non-immigrant status (H1,L1,EAD etc..) or in GC status} in considerable period of time, then it is considered as both party had intension. In that case, even employee resigns quickly after GC, it may not considered as fraud. If not, it will be considered as farud. If GC sponsered comapany wants to go after you, it is verymuch possible if any one not worked in H1 or L1 or EAD or GC status for the sponser. If the GC sponsering employer determined to give trobles, they can do it thro USCIS, if they want, otherwise it is safe.
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  #14  
Old 07-23-2008, 04:44 PM
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Do we have to get some kind of stamp on our passports to Travel out of US ?
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  #15  
Old 07-23-2008, 05:07 PM
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Quote:
Originally Posted by hpandey View Post
Has it ever happened with anyone that a GC holder is grilled by an immigration agent at port of entry ??

I haven't heard from any of my contacts. Long back ( may be in 2002 )
attorney latour of "Latour & Lleras" ( usvisanews.com ) was discussing such a case ( i don't have any link ).
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