Post Green Card Approval

[gc0907]

Hi guys,

Starting a new thread for questions/concerns/info once your 485 / GreenCard is approved.

I will start with first one or two questions although I am going to google them as well:

1: Do I need to notify anyone about this status change?

2: How does it affect my tax filing?

3: Does anything change while during international travel to other countries e.g. Europe or Canada?

4: Job change and Multiple-jobs / part-time jobs?
--- I know it's good to stick to the GC sponsor for 6-12 months after GC approval. I don't have any plans of switching jobs right now but just wondering how this equation of multiple-jobs and partime-jobs changes with GC.

5: How about owning a business? Is the type of business you own limited by in any way upon your education and job title? I am talking it in terms of part-time or after 6-12 months.

6: Does anything changes in terms of property investments and returns in India?

7: Any changes to bank accounts or interests earned in those accounts?

Came across this on trackitt: Formalities after getting green card (http://www.trackitt.com/uk-discussion-forums/i485-eb/47535937/formalities-after-getting-the-green-card)

[imdeng]

Does not affect your tax status if you have been in the country long enough to be considered a resident for tax purposes. Since you are a resident for tax purposes already, getting your GC does not change anything. If, however, you have been filing as a non-resident (form 1040NR) - then you now get to file 1040 - makes things a little easier.


2: How does it affect my tax filing?

[gchopeful123]

Reg 3, canada travel will probably be the smoothest as no visa required. The GC will suffice.

For countries such as in Europe, I think a visa is still required as we are not US citizens yet and still have Indian/Chinese passport.


Hi guys,

Starting a new thread for questions/concerns/info once your 485 / GreenCard is approved.

I will start with first one or two questions although I am going to google them as well:

1: Do I need to notify anyone about this status change?

2: How does it affect my tax filing?

3: Does anything change while during international travel to other countries e.g. Europe or Canada?

[polapragada]

Hi guys,

Starting a new thread for questions/concerns/info once your 485 / GreenCard is approved.

I will start with first one or two questions although I am going to google them as well:

1: Do I need to notify anyone about this status change?

2: How does it affect my tax filing?

3: Does anything change while during international travel to other countries e.g. Europe or Canada?


#1 --- You might want to submit I-9 form with new details to your employer. Thats all no else else need to know

[gchopeful123]

Found this link.Seems to be useful in determining whether travel visa required or not for a particular country.

http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp


Reg 3, canada travel will probably be the smoothest as no visa required. The GC will suffice.

For countries such as in Europe, I think a visa is still required as we are not US citizens yet and still have Indian/Chinese passport.

[gc0907]

Cool...thanks. I'm using 1040.

Does not affect your tax status if you have been in the country long enough to be considered a resident for tax purposes. Since you are a resident for tax purposes already, getting your GC does not change anything. If, however, you have been filing as a non-resident (form 1040NR) - then you now get to file 1040 - makes things a little easier.

Ahhh... I was thikning Europe visa doesn't require but I was wrong. Thanks for the link.

Reg 3, canada travel will probably be the smoothest as no visa required. The GC will suffice.

For countries such as in Europe, I think a visa is still required as we are not US citizens yet and still have Indian/Chinese passport.

Yep thanks.. Notified the employer and he asked me to send him a copy of GC.


#1 --- You might want to submit I-9 form with new details to your employer. Thats all no else else need to know

[soggadu]

congratulations gc0907...i am so happy for u...

p.s. remove post 485 in the thread title...it would be more apt...

[nishant2200]

I have changed Thread name to : Post Green Card Approval

[gc0907]

Thanks sogaddu....
I added new questions as well.

congratulations gc0907...i am so happy for u...

p.s. remove post 485 in the thread title...it would be more apt...

[gc0907]

Perfect. Thanks Nishant.

I have changed Thread name to : Post Green Card Approval

[rdsingh79]

Few things:-
1. Ge your Social security card updated (if it has any annotation like "work with DHS authorization only", get it removed).
2. Obtain new SSN for your dependents (if they didn't already have one).
3. It a law to to carry your Green Card with you all the time (although i doubt it is enforced in any way).
4. If your dependent had ITIN (for tax purposes), inform the IRS of their new SSN and they will update their records. IRS says that you cannot have ITIN and SSN at same time.
5. Let HR know of to update the I-9 form


Hi guys,

Starting a new thread for questions/concerns/info once your 485 / GreenCard is approved.

[rdsingh79]

delete..duplicate post

[gc0907]

Thanks rdsingh79.

[rdsingh79]

On travel side...I think no Visa needed for GC holders for Canada and Mexico and many Caribbean countries (e.g. if you are on a cruise). You will pretty much need visa for all other countries (although it will be very easy to obtain visa because of Green card).

[qesehmk]

gc0907

congratulations for your GC and this thread too. Others have already answered some of this. Let me try to answer ones not answered yet.

Travel - Mexico Canada & Most of the Central American countries don't need a visa or grant you a visa on arrival. Europe doesn't cut us a slack :(

Job Change - You can accept a second third and nth job immediately. 6 months with first employer ... yeah kind of agreed. But think that there are no known specific rules especially if you have worked a long time for the same employer waiting for your GC to be approved. p.s. - By the way you can serve in the military too with a GC. Most of us may not want to. However in case some people didn't know!

Business - This is one area where GC Citizenship and non-GC holders are all equal. Anybody can own a business in US from anywhere in the world. There are no rules that bar you from owning a business or property in US to my knowledge.



3: Does anything change while during international travel to other countries e.g. Europe or Canada?

4: Job change and Multiple-jobs / part-time jobs?

5: How about owning a business? Is the type of business you own limited by in any way upon your education and job title? I am talking it in terms of part-time or after 6-12 months.

[gc0907]

Thank you Q for valuable information.

[la_2002_ch]

Wont we be able to get our SSN card updated and apply the SSN for dependents after the EAD? Or do we need to wait till GC for the same?


Few things:-
1. Ge your Social security card updated (if it has any annotation like "work with DHS authorization only", get it removed).
2. Obtain new SSN for your dependents (if they didn't already have one).
3. It a law to to carry your Green Card with you all the time (although i doubt it is enforced in any way).
4. If your dependent had ITIN (for tax purposes), inform the IRS of their new SSN and they will update their records. IRS says that you cannot have ITIN and SSN at same time.
5. Let HR know of to update the I-9 form

[rdsingh79]

You can get SSN for your dependents with EAD, however it will have a annotation "Valid with DHS authorization". After receiving GC, you have to get the card updated i.e. above annotation will be removed.


Wont we be able to get our SSN card updated and apply the SSN for dependents after the EAD? Or do we need to wait till GC for the same?

[rdsingh79]

Delete...duplicate post

[gc0907]

Any info on #6 and #7?

[gc0907]

Guys,
This is a question regarding NRE account in India like ICICI NRE, SBI NRE, etc.
2-3 years ago a CPA filed my taxes. I told him I earned some interest in NRE account. He said since I am not a GC holder I don't have to report that.
For 2011, I wasn't on GC so I don't think I need to report that.

Anyone has any more information on NRE accounts and interest earned?


Does not affect your tax status if you have been in the country long enough to be considered a resident for tax purposes. Since you are a resident for tax purposes already, getting your GC does not change anything. If, however, you have been filing as a non-resident (form 1040NR) - then you now get to file 1040 - makes things a little easier.

[rdsingh79]

Remember FBAR. Any money in foreign bank accounts exceeding 10,000 USD must be reported:-

United States persons are required to file an FBAR if:

The United States person had a financial interest in or signature authority over at least one financial account located outside of the United States; and
The aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year to be reported.
United States person means United States citizens; United States residents; entities, including but not limited to, corporations, partnerships, or limited liability companies created or organized in the United States or under the laws of the United States; and trusts or estates formed under the laws of the United States.

http://www.irs.gov/businesses/small/article/0,,id=148849,00.html


Guys,
This is a question regarding NRE account in India like ICICI NRE, SBI NRE, etc.
2-3 years ago a CPA filed my taxes. I told him I earned some interest in NRE account. He said since I am not a GC holder I don't have to report that.
For 2011, I wasn't on GC so I don't think I need to report that.

Anyone has any more information on NRE accounts and interest earned?

[rdsingh79]

Another 'privilege' of being permanent resident is that now you can legally make $$ contribution in elections. You can now create your own Super-PAC and support any candidate :-)

http://www.fec.gov/pages/brochures/foreign.shtml#Individuals_Green_Card

[gc0907]

Thanks rdsingh,
I alread found that out and now trying to find a good attorney to clear up the mess. On some blogs people say I can do it myself but I don't want to take any chance.
Foreign Bank Accounts Reporting and intereste earned in NRE Accounts (http://desiways.wordpress.com/2012/02/08/foreign-bank-accounts-reporting-fbar-and-interest-earned-in-nre-accounts/)


Remember FBAR. Any money in foreign bank accounts exceeding 10,000 USD must be reported:-

United States persons are required to file an FBAR if:

The United States person had a financial interest in or signature authority over at least one financial account located outside of the United States; and
The aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year to be reported.
United States person means United States citizens; United States residents; entities, including but not limited to, corporations, partnerships, or limited liability companies created or organized in the United States or under the laws of the United States; and trusts or estates formed under the laws of the United States.

http://www.irs.gov/businesses/small/article/0,,id=148849,00.html

[gc0907]

I'm planning to go to India and plan to work from home for sometime. I'll be paid as regular in US.
Just want to make sure if there is anything I need to take care in terms of taxes or any other legal stuff?

[soggadu]

guys one question....

my gc is approved on Feb 9 and my in-laws are going for visitor visa stamping soon.... Now they have planned all the documents according with my h1 copy..now as I got the cpo emails...is it a good idea to go to visa stamping with the same h1 papers or take my gc copies .??. What needs to be changed?
also I don't have my gc's or approval receipts with me yet....hoping to get them sometime this week....

I am confused and don't know how to proceed in this one.... So please help me out here....

[TeddyKoochu]

guys one question....

my gc is approved on Feb 9 and my in-laws are going for visitor visa stamping soon.... Now they have planned all the documents according with my h1 copy..now as I got the cpo emails...is it a good idea to go to visa stamping with the same h1 papers or take my gc copies .??. What needs to be changed?
also I don't have my gc's or approval receipts with me yet....hoping to get them sometime this week....

I am confused and don't know how to proceed in this one.... So please help me out here....

On the DS forms there is one section to so the visa status of relatives / children in USA. That would change for your wife and yourself in the others section. Its better that they appear for the interview showing your GC status, if you have not applied for an appointment you can do it showing yours and your wife as GC else you can cancel and schedule the appointment again. Showing wrong status is kind of giving a false declaration even though it was completely unintentional. If you have scheduled the appointment already sometimes the VFS helpdesk can make changes to your forms or the forms can be hand corrected as well better if everything is typed out though.

[mesan123]

Congrats Soggadu bhai..... :)

[mygreen]

Folks,

My PD is Jan 2008 and yet to be greened. But have a question:

Considering that the AOS application was filed in Dec 2011 the the 180 Day clock hits in June 2012. So until June 2012 I can't use EAD to accept FT employment with another new employer. But let's say I get GC in Mar 2012, now when can I accept FT employment with another new employer?

a) After June 2012 Only.
b) After Sept 2012 Only {Considering 6 months after GC in hand}
c) Immediately in Apr 2012 Only. {No need to wait}


Please enlighten. Thanks

[imdeng]

In my opinion and observation, most attorneys will advise B, some will be amenable to A and most will advise against C to make sure that there are no problems during the naturalization process. However, C is not illegal and as far as I am aware, has not led to problems during naturalization. You can do C if circumstances demand it but if it is at all possible in consider holding on at least for A.

Folks,

My PD is Jan 2008 and yet to be greened. But have a question:

Considering that the AOS application was filed in Dec 2011 the the 180 Day clock hits in June 2012. So until June 2012 I can't use EAD to accept FT employment with another new employer. But let's say I get GC in Mar 2012, now when can I accept FT employment with another new employer?

a) After June 2012 Only.
b) After Sept 2012 Only {Considering 6 months after GC in hand}
c) Immediately in Apr 2012 Only. {No need to wait}


Please enlighten. Thanks

[imdeng]

First Congratulations and second, your status has now changed and your H1 is no longer applicable - so your in-laws should go with your GC documents. Just wait till you get the approval notice and send them a copy. They can still keep H1 documents as background material but GC stuff should be the primary material.

guys one question....

my gc is approved on Feb 9 and my in-laws are going for visitor visa stamping soon.... Now they have planned all the documents according with my h1 copy..now as I got the cpo emails...is it a good idea to go to visa stamping with the same h1 papers or take my gc copies .??. What needs to be changed?
also I don't have my gc's or approval receipts with me yet....hoping to get them sometime this week....

I am confused and don't know how to proceed in this one.... So please help me out here....

[imdeng]

Original co-sponsors of HR-3012 deserve contributions from all of us who can legally make contributions.

Another 'privilege' of being permanent resident is that now you can legally make $$ contribution in elections. You can now create your own Super-PAC and support any candidate :-)

http://www.fec.gov/pages/brochures/foreign.shtml#Individuals_Green_Card

[soggadu]

thank you teddy and imdeng and mesan!!!!...

One more question...today morning i got email that my card is mailed to me... Now i heard some people getting tracking numbers for the docs... How do i get them? which number to call?

[gc0907]

I think you are suppose to file a form while submitting the 485 application(which I didn't so I didn't receive the tracking#).

Your case is similar to mine: Thursday CPO Email, Mon Approved Notice received in Mail + card Mailed email + later mon evening, USPS picked up email.
Received card on Wed.

So depending on how far you are from TSC, you should get the card without any issue by Wednesday.
Note: No signature is required so it will be left in your mail box.


thank you teddy and imdeng and mesan!!!!...

One more question...today morning i got email that my card is mailed to me... Now i heard some people getting tracking numbers for the docs... How do i get them? which number to call?

[soggadu]

I think you are suppose to file a form while submitting the 485 application(which I didn't so I didn't receive the tracking#).

Your case is similar to mine: Thursday CPO Email, Mon Approved Notice received in Mail + card Mailed email + later mon evening, USPS picked up email.
Received card on Wed.

So depending on how far you are from TSC, you should get the card without any issue by Wednesday.
Note: No signature is required so it will be left in your mail box.

Thank you gc0907...

[imdeng]

I am told that the Level 2 guys have tracking number. Call the USCIS helpline (the number on receipt notice) and ask for a Level 2 Representative. This is second hand info BTW, I have never had to call a Level 2 Rep myself.

thank you teddy and imdeng and mesan!!!!...

One more question...today morning i got email that my card is mailed to me... Now i heard some people getting tracking numbers for the docs... How do i get them? which number to call?

[gchopeful123]

We sent spouse's SSN details to IRS so that they can update their records (she had ITIN). Do we need to do it similarly for the state as well? I tried searching on the net but found no specific information related to state.


Few things:-
1. Ge your Social security card updated (if it has any annotation like "work with DHS authorization only", get it removed).
2. Obtain new SSN for your dependents (if they didn't already have one).
3. It a law to to carry your Green Card with you all the time (although i doubt it is enforced in any way).
4. If your dependent had ITIN (for tax purposes), inform the IRS of their new SSN and they will update their records. IRS says that you cannot have ITIN and SSN at same time.
5. Let HR know of to update the I-9 form

[soggadu]

gchopeful, how did you send the spouse ssn details? is there a format? can you please tell me the details... also how soon do you need to let your employer know about GC approval? Is there a relation between pay checks and this one?

[nyy_27]

gchopeful, how did you send the spouse ssn details? is there a format? can you please tell me the details... also how soon do you need to let your employer know about GC approval? Is there a relation between pay checks and this one?

I would suggest informing the HR people at your employer to update the I-9 as soon as you get the card in hand. That should take care of informing your employer. Other than that, there is no relevance towards your paycheck. Unless you want to negotiate a raise based on the fact that you are no longer tied to the employer... :)

[gc0907]

I notified my emp and he asked for a copy of my GC. My general understanding is, GC may affect your paycheck, if there is a difference in wages while on H1 and GC petitions.


gchopeful, how did you send the spouse ssn details? is there a format? can you please tell me the details... also how soon do you need to let your employer know about GC approval? Is there a relation between pay checks and this one?


I would suggest informing the HR people at your employer to update the I-9 as soon as you get the card in hand. That should take care of informing your employer. Other than that, there is no relevance towards your paycheck. Unless you want to negotiate a raise based on the fact that you are no longer tied to the employer... :)

[visagcinfo]

I think so too. Paycheck should reflect the pay mentioned in PERM.
Once I get the card in hand, I'm planning to fill up I-9 and send it along with GC copy to the employer.
Visiting local Social Security Admin office is next, followed by DMV office - for self and wife to remove the conditions/temporary notations in SSN/DL. Wife is a dependent & not working, but she got SSN (and hence DL) when she was on L2 visa long back.
It does not look like anything more needs to be done to cover the base.

What records should we keep that will potentially be required at the time of filing citizenship? Employers don't seem to care much about any paper work after getting GC. No idea what will be in store for us 5-6 years from now (read it as bizarre interpretations of the rules by the officers like employee-employer relationship, 221g in H1B/GC stage).


I notified my emp and he asked for a copy of my GC. My general understanding is, GC may affect your paycheck, if there is a difference in wages while on H1 and GC petitions.

[rdsingh79]

Read this article in TOI. Seems like additional reporting requirements from IRS on foreign assets. If anyone has significant assets and income outside US..it must be reported.

http://timesofindia.indiatimes.com/nri/us-canada-news/New-IRS-form-affecting-Indian-Americans/articleshow/11915264.cms


Thanks rdsingh,
I alread found that out and now trying to find a good attorney to clear up the mess. On some blogs people say I can do it myself but I don't want to take any chance.
Foreign Bank Accounts Reporting and intereste earned in NRE Accounts (http://desiways.wordpress.com/2012/02/08/foreign-bank-accounts-reporting-fbar-and-interest-earned-in-nre-accounts/)

[gc0907]

Thanks for pointing that out. I came across that on the IRS website and even my attorney pointed that out.
Here's a brief info on this form: Do I need to file Form 8938? (http://www.irs.gov/businesses/corporations/article/0,,id=251217,00.html)
Read this article in TOI. Seems like additional reporting requirements from IRS on foreign assets. If anyone has significant assets and income outside US..it must be reported.

http://timesofindia.indiatimes.com/nri/us-canada-news/New-IRS-form-affecting-Indian-Americans/articleshow/11915264.cms

[rich895]

Do we need to report real estate holdings in form 8938. I didn't see real estate or apartment holding as a financial asset. if so how to estimate value...what would be the tax implications in US


Thanks for pointing that out. I came across that on the IRS website and even my attorney pointed that out.
Here's a brief info on this form: Do I need to file Form 8938? (http://www.irs.gov/businesses/corporations/article/0,,id=251217,00.html)

[gc0907]

From my understanding it applies to anything related to financial accounts in some financial institutions including shares, bonds, etc. and not real estates or metals(there might be some exceptions),etc.
Check the instructions for that form.

Do we need to report real estate holdings in form 8938. I didn't see real estate or apartment holding as a financial asset. if so how to estimate value...what would be the tax implications in US

[soggadu]

Group of people.... Did you guys make any big changes after GC? i know it sounds like just another trackitt question... but just wanted to know what you guys are doing...
i always wanted to work in bestbuy (especially during the thanksgiving weekend ;-) ...) for some time after GC... dont know if i would do that but i love to....also wanted to join friends business that is still not on the paper... so far nothing much happening with the GC... what are you guys upto?

[gc0907]

Yeah....next month I'm going to India (after 4+ years) for 2 months :D
And have a plan in the back of my head for a long time to start my own Inc. So will be planning for that after returning.

Group of people.... Did you guys make any big changes after GC? i know it sounds like just another trackitt question... but just wanted to know what you guys are doing...
i always wanted to work in bestbuy (especially during the thanksgiving weekend ;-) ...) for some time after GC... dont know if i would do that but i love to....also wanted to join friends business that is still not on the paper... so far nothing much happening with the GC... what are you guys upto?

[soggadu]

Yeah....next month I'm going to India (after 4+ years) for 2 months :D
And have a plan in the back of my head for a long time to start my own Inc. So will be planning for that after returning.

Awesome... it is 4 years since i visited india... friends say lot of things changed... will have to plan a trip soon myself... enjoy ur time off ....

[rdsingh79]

I am also planning trip to India in March for about 2 weeks. It has been 4 yrs since I last visted India....so looking forward to a tension free trip (No stamping etc etc). Just worried a bit since I will be travelling with 7 month old kid....hopefully India's hawa-paani will suit him ;)

[visagcinfo]

Nothing much. Life as usual - minus all the stress that comes with having to deal with multiple uncertainties.
I am planning to visit India after 4 years too! Flight tickets are so high during the school holidays. When we got the freedom to travel, the flight fares have gone up so high. I guess I will feel the difference during this trip. Managed to get 1 full month leave approved too.
Thinking abt purchasing a house.



Group of people.... Did you guys make any big changes after GC? i know it sounds like just another trackitt question... but just wanted to know what you guys are doing...
i always wanted to work in bestbuy (especially during the thanksgiving weekend ;-) ...) for some time after GC... dont know if i would do that but i love to....also wanted to join friends business that is still not on the paper... so far nothing much happening with the GC... what are you guys upto?

[gc0907]

Guys,
Issue...I contacted the SFO Consulate on my passport renewal status and now they have come up with this stupid Police Clearance Issue thing. My passport is still valid for 6 months but by the time I will return from my India trip it will have 3 months remaining.

Wondering if there is any restrictions at POE on coming back with Passport validity of 3 months? I know H1B stamping needs 6 months validity not sure how does it affect the GC holder.

[rdsingh79]

I don't think there will be any issue entering US. Infact passport is not even needed for GC holder to enter US (GC itself is enough). I am not quite sure if Indian immigration folks will create any issue though.



Guys,
Issue...I contacted the SFO Consulate on my passport renewal status and now they have come up with this stupid Police Clearance Issue thing. My passport is still valid for 6 months but by the time I will return from my India trip it will have 3 months remaining.

Wondering if there is any restrictions at POE on coming back with Passport validity of 3 months? I know H1B stamping needs 6 months validity not sure how does it affect the GC holder.

[gc0907]

Thanks rdsingh.
My biggest mistake was I forgot that I am dealing with Indian Authorities. They told me this stuff only upon my enquiry for status of my passport. It's been 25+ days they have my application(that's their normal processing time).
The thing is they(SFO) were the one who extended my short-validity passport couple years ago in 3 weeks and at that time they didn't ask for any clearance or stuff.
Hoping they misunderstood in my case and clear this up.

I don't think there will be any issue entering US. Infact passport is not even needed for GC holder to enter US (GC itself is enough). I am not quite sure if Indian immigration folks will create any issue though.

[visagcinfo]

gc0907:
what is this police clearance issue? I need to renew my passport too.


Thanks rdsingh.
My biggest mistake was I forgot that I am dealing with Indian Authorities. They told me this stuff only upon my enquiry for status of my passport. It's been 25+ days they have my application(that's their normal processing time).
The thing is they(SFO) were the one who extended my short-validity passport couple years ago in 3 weeks and at that time they didn't ask for any clearance or stuff.
Hoping they misunderstood in my case and clear this up.

[gc0907]

Even I am not sure exactly what they are looking for. Here is their reply:




Dear Sir/Madam,

Please refer to your passport application USASXXXXXX

Please submit a Proforma form (http://www.cgisf.org/pdf/ppertpro.pdf) duly filled with photos for further verification with Indian authorities as the Police verification is mentioned as Incomplete / Blank / Adverse by the previous passport issuing authority.

Also please confirm in writing if your police verification was duly complete when you received your last held passport and whether all the particulars in the passport including the address are correct.

Make sure you give your Indian address, as verification cannot be complete without it.

Please mark the form to the attention of Vice Consul (Passport), Consulate General of India, San Francisco with copy of this letter as soon as possible.

If your Police verification is adverse then, passport will be issued only upon receipt of the clearance.

Vice Consul(Passport)


1: The form they are asking me to fill is a regular form with my name, address, etc. basic information. They did collect all this information on the passport application form. So do they need my written permission to do police verification? No they don't. It is really a stupid form just to length the process. Why don't they ask this in the beginning itself? Now I will have to go take a picture and may be get notorized and with uncertainity if it will satify them.

2: They want in writing from me that police verification was completed. Yeah right, and they will take it as a proof.

3: They did collect my Indian Address in Passport form. Why are you asking the same question?


gc0907:
what is this police clearance issue? I need to renew my passport too.

[nishant2200]

:D

muhahahaha I am now eligible to post in this thread.... let me read what you guys been upto

[visagcinfo]

thanks gc097 for sharing the details.
I am going to a different location (DC). Let me see what they say.


Even I am not sure exactly what they are looking for. Here is their reply:

[mysati]

thanks gc097 for sharing the details.
I am going to a different location (DC). Let me see what they say.

I renewed my passport through the DC embassy. Filled the form, provided everything they asked for with the fee and got back the renewed passport the next day. The only issue was there is no visitor parking, you have to find a street side parking and walk some distance. Remembered another one now, they collected all applications only in the morning and had a token system and you have to go back the next evening again to collect your passport. Ofcourse, you can ask them to mail you but this is much faster.

This was four years back. Not sure if anything changed since.

[mygctracker]

Yahooooooo. I'm also eligible now to be an active member here... Fun continues.... :-)




:D

muhahahaha I am now eligible to post in this thread.... let me read what you guys been upto

[gc_usa]

Joining new club.

Just survived by few hours. Had 10% layoff in company day before my approval. Who know it is Friday today but I feel different today. Should get blood pressure checked to see how much it dropped. Still could not sleep since last 1 week up ever night to check phone/email.

[soggadu]

Joining new club.

Just survived by few hours. Had 10% layoff in company day before my approval. Who know it is Friday today but I feel different today. Should get blood pressure checked to see how much it dropped. Still could not sleep since last 1 week up ever night to check phone/email.

wow...close call bud!!!! But anyway you have a green card now... GC hein toh darna kya!!!!!....i know it is easier said than done... enjoy all these little moments...

From my side... i am seeing/holding my GC everyday after pooja and with a small smile remember all these 11 years dreaming for them which are now lying idle in my shelf....my wife makes lot of fun on that...but i cant keep my eyes and hands off them.... as Nishanth mentions...MY PRECIOUS!!!!!!!

[mygctracker]

Folks,

Has anyone from this club starting looking out for opportunities? Has anyone already jumped their ships?

I know people say wait atleat 6 months post GC to prove honesty. But is it written somewhere? Can someone please share any reliable source of this FINAL piece.

Struggle has come to an end & SafeGuarding has begun [Another 5 Years]. It is like winning in election & now holding on to our seat. :-)

Yes, It is the PRECIOUS.

Thanks!

[visagcinfo]

Not yet. Again, want to play safe. Don't know what surprises will be in store from the officers, in terms of interpretation of the rules 5 years down the line. Like 221g, employer-employee relationship during H1/GC process.

[soggadu]

Folks,

Has anyone from this club starting looking out for opportunities? Has anyone already jumped their ships?

I know people say wait atleat 6 months post GC to prove honesty. But is it written somewhere? Can someone please share any reliable source of this FINAL piece.

Struggle has come to an end & SafeGuarding has begun [Another 5 Years]. It is like winning in election & now holding on to our seat. :-)

Yes, It is the PRECIOUS.

Thanks!

Copied it from another place....


Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

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)

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...

followup post:

I think there is a mix up here between two things:

180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

Good Luck.

[mygctracker]

Thanks Soggadu, very useful perception.

Copy pasting what I found on other forums: Hope it helps folks here.


1. The approval notice says that “When you receive your card you must carry it with you at all times if you are 18 or older. It is the law”. It is a very valuable (and difficult to replace in case it is lost) document, so I am a bit wary to carry it in my pocket all the time. Do I really have to keep it with me always?
A: It is best to make a copy of the front and back of the Green card and carry that at all times in your wallet. That way, even if a law enforcement official asks for it, you can show this, and tell them you have the original at home.

2. I might have to travel abroad next week to the UK. What do I do with the I-94 card? Do I hand it over to the airline as usual?
A: The I-94 is really not relevant any more. It is best to have it with you when you go out of the country, and hand it over if they ask you for it.

3. Do I need to carry anything other than my passport and green card? Do I stand in the Citizens line or the usual visitor line at immigration?
A: You don't need to carry anything other than your passport and the Green card. As for the line, this depends on the airport. It is best to read the signs at the airport carefully, and follow those directions at the airport.

4. I recently obtained SSN cards for my wife and son after they got their EAD cards. Their cards and also mine have a noting that says “INS authorization needed to work” or something to that effect. Should we all go and obtain new SSN cards and have that notation removed?
A: This needs to be done at some point in time. It is not imperative that you do this immediately. However, you should get it done when you have time - note that you will have to go to the local SSN office in person, and carry with you the Green Card, the old SSN card, and your passport. You wife and son also need to go in person. If you plan on changing jobs, you should do this before you join the new job.


Another user posted below notes:


1- The law says you must carry your actual plastic green card with you at all times. That is the law. The attorney is guessing that a law-enforcement officer will find a photo-copy to be adequate, and perhaps many officers will be satisfied with this because they don't know any better. But the law is the law - and the law is that the actual green card must be carried with you. It's up to an individual to decide whether or not to comply.

2- The lawyer is correct to say that the I-94 is not relevant anymore. The lawyer is absolutely wrong to suggest something non-sensical like "hand it over if they ask you for it". Airline people will always take any I-94s presented to them (they don't know any better), but in truth the I-94 is an old useless piece of cardboard after you get a green card, and giving it to the airline, while *probably* not hurting, is actually pretty dumb and borders on hysteria. The I-94 DEPARTURE RECORD is just that: a DEPARTURE RECORD meant for NON-IMMIGRANTS to determine that a non-immigrant has departed the US. You are not a non-immigrant if you are a green card holder, but a permanently-admitted immigrant. That is why you submitted an "Adjustment of Status" application, so you can, well, adjust your status from non-immigrant to immigrant.

So what the crap are you doing giving USCIS a non-immigrant "departure record"? Use common sense, people. I don't care if people surrender their I-94 to the airline after adjusting their status, that is an individual decision that makes certain people (usually people who come from severely bureaucratic countries) feel better. But I do care that such non-sensical "advice" is disseminated on immigration forums like this one to propagate and encourage such dumb actions. As I wrote before elsewhere, surrendering your I-94 AFTER you get a green card while departing the US, makes as much sense as showing the IO your old expired H-1B visa in your passport along with your green card when arriving back in the US.

3- All you need for admission is a passport and green card - that's true - but don't forget the Customs Declaration form that you fill out on the airplane as well. Also, some of you green card holders might want to fill out a new I-94 form on the plane as well, because if you think you needed to surrender your old one to the airline on your way out even though that is pretty silly, then the same absurd logic should drive you to fill out a new one and present it to the immigration officer - you know, in case they ask you for it!

4- The lawyer is correct about the SS card change not being imperative that it be done immediately. However, you do *not* need to take a passport with you to the SS office. All you need is a proper ID (driver's license or the green card itself) and your old SS card. Once you're a permanent resident, SS doesn't care about (and definitely doesn't need to see) your foreign passport.



Copied it from another place....


Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

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)

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...

followup post:

I think there is a mix up here between two things:

180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

Good Luck.

[nishant2200]

Guys, I made the thread sticky. I think its a very important thread.

Two questions, if you folks have thoughts.

1. The I-94 we currently have in our passport, should we surrender it on our next trip overseas, or it does not matter anymore, or no harm in giving it out anyways.

2. Do we need to carry the physical green card with us always. Or just a photocopy cutout is enough.

update:

----

seems like folks already talking about these things in above posts, let me read those carefully!

----
yup, I think I got my answers. I will email lawyer tomorrow and let you guys know what he says too.

Wov, it's difficult to imagine my passport without the white I-94 stapled and sticking out of it.

[nishant2200]

Joining new club.

Just survived by few hours. Had 10% layoff in company day before my approval. Who know it is Friday today but I feel different today. Should get blood pressure checked to see how much it dropped. Still could not sleep since last 1 week up ever night to check phone/email.

I know someone who had two months back got GC. She got GC on like wednesday, and was laid off next monday. Nerve wrecking.

[nishant2200]

Yes! Last night, wife and kid went to sleep, I took out card and holding it in hand, kept looking at it. Then I scanned it, took printout and periodically keep looking at the printouts. Even my iPhone wallpaper is a photo of the green card.

Yes, I agree, I am obsessed with it :)

My precious!


wow...close call bud!!!! But anyway you have a green card now... GC hein toh darna kya!!!!!....i know it is easier said than done... enjoy all these little moments...

From my side... i am seeing/holding my GC everyday after pooja and with a small smile remember all these 11 years dreaming for them which are now lying idle in my shelf....my wife makes lot of fun on that...but i cant keep my eyes and hands off them.... as Nishanth mentions...MY PRECIOUS!!!!!!!

[goforgreen]

Also, some of you green card holders might want to fill out a new I-94 form on the plane as well, because if you think you needed to surrender your old one to the airline on your way out even though that is pretty silly, then the same absurd logic should drive you to fill out a new one and present it to the immigration officer - you know, in case they ask you for it!


This was a good one, LOL :-)

[03May07]

Got my GC too. Even I'll be going after 4+ years...In 2 more weeks I'll be home...everytime I went the past 5 times before that, I had to go for visa 3 times or mailin for visa (oldschool). Days of Preparing the paper work for visa+ waiting late in night for visa appointments + Filling in the online visa application for yourself and dependents + going to consulate and waiting for 10 days for the stamped passport - GONE are all those hours spent in preparation for a visa.

Now I bought a ONE Way ticket...it is not expensive at all. $560 (incl tax) . (British airways 2 Hyd). Do you all know that we can go in British airways as we no more have to worry about transit visa? (another small perk of getting a GC). (note: If you are wondering who the travel agent is who got me that good deal - my spouse - please give her some business @ traveltoday6120c@gmail.com Drop in a line and mention Q's forum. She also has account in this forum, but is shy to request business from fellow Q forum members)

[srd4gc]

My HR requested for a copy of my GC. is that normal?

[gc0907]

Yes and that's the only thing my HR asked for.

My HR requested for a copy of my GC. is that normal?

[GCKnowHow]

One way ticket???


Got my GC too. Even I'll be going after 4+ years...In 2 more weeks I'll be home...everytime I went the past 5 times before that, I had to go for visa 3 times or mailin for visa (oldschool). Days of Preparing the paper work for visa+ waiting late in night for visa appointments + Filling in the online visa application for yourself and dependents + going to consulate and waiting for 10 days for the stamped passport - GONE are all those hours spent in preparation for a visa.

Now I bought a ONE Way ticket...it is not expensive at all. $560 (incl tax) . (British airways 2 Hyd). Do you all know that we can go in British airways as we no more have to worry about transit visa? (another small perk of getting a GC). (note: If you are wondering who the travel agent is who got me that good deal - my spouse - please give her some business @ traveltoday6120c@gmail.com Drop in a line and mention Q's forum. She also has account in this forum, but is shy to request business from fellow Q forum members)

[GCKnowHow]

Nishant...... i just couldn't control my laughter... but understand the pain one undergoes to get it.

just replace "green card" with "her photo"....... I could see you have totally fallen in love with it. Have fun, its like a new car.


Yes! Last night, wife and kid went to sleep, I took out card and holding it in hand, kept looking at it. Then I scanned it, took printout and periodically keep looking at the printouts. Even my iPhone wallpaper is a photo of the green card.

Yes, I agree, I am obsessed with it :)

My precious!

[soggadu]

guys... i went to the DMV to update my DL... i was told my old expiry date wont change ( this is based on my H1) as it is not up for renewal ( i was expecting a 10 year card)... they charged me 11 dollahh and gave me a card with "temporary immi status" removed... my wife said duhhhh!!!!!!... and didnt get her new card, it doesnt really matter i guess w.r.t DL...


Hey waise this is my 7th ton!!!!!!!!!!!

[GCKnowHow]

We sent spouse's SSN details to IRS so that they can update their records (she had ITIN). Do we need to do it similarly for the state as well? I tried searching on the net but found no specific information related to state.

How to update spouse SSN to IRS?

[Pundit Arjun]

How to update spouse SSN to IRS?

Check this page for info : http://www.irs.gov/individuals/article/0,,id=222220,00.html

gchopeful, IRS update is the only one :). Now if you have mentioned no SSN anywhere else, it would be best to update : Bank accounts, if you had given W8-BEN, DMV,....

[indiaeb2]

Port of Entry

Friends -

what kind of question will a GC holder be asked in Port of entry. on H1 they ask about employment, place you work, type of job. Will this remain the same?
any thoughts?. what if we are out of job???

[gcoracle]

No questions asked. IO will say "Welcome back home". That is the beauty of the plastic you are carrying.

Port of Entry

Friends -

what kind of question will a GC holder be asked in Port of entry. on H1 they ask about employment, place you work, type of job. Will this remain the same?
any thoughts?. what if we are out of job???

[gc0907]

You might want to check this: Foreign Bank Accounts Reporting and intereste earned in NRE Accounts (https://desiways.wordpress.com/2012/02/08/foreign-bank-accounts-reporting-fbar-and-interest-earned-in-nre-accounts/)
Guys: Got a tax question... Been sending money to India (to payoff a loan) to my NRI account. Didn't knew abt FBAR till now. I am sure we all sent money to India at some point (not sure if it exceeded 10K in your case), wondering if you guys filed FBAR

For those who don't know abt FBAR:
http://www.irs.gov/businesses/small/article/0,,id=148849,00.html
http://www.irsvideos.gov/ReportingForeignFinancialAccountsOnTheFBAR/


I am sure the money was taken almost quickly from the account and shouldn't have gathered much interest. Sent mail to bank customer service to get the yearly statements...will see. Will be too I have to amend previous tax filing and then redo them (leave alone the penalty).

Pass your thoughts ...

Thanks

[gc0907]

That case in the link you provided seems he was wilfully hiding the accounts to avoid taxes. So no need to worry if you just missed it i.e. unwilful act.


I went thru that link. May have to do something similar: Seriously I wish I was aware of this earlier and wish my bank had sent 1099-INT, in which case it would have been a piece of cake.

Still would like to know anyone in same boat ...

Also saw this.
http://www.indusbusinessjournal.com/ME2/Audiences/dirmod.asp?sid=&nm=&type=Publishing&mod=Publications%3A%3AArticle&mid=8F3A7027421841978F18BE895F87F791&tier=4&id=6F9278AF18924E808A9FD1A4C82C6E5C&AudID=F1B696626A8943B7B50052A323677014

[soggadu]

Check this page for info : http://www.irs.gov/individuals/article/0,,id=222220,00.html

gchopeful, IRS update is the only one :). Now if you have mentioned no SSN anywhere else, it would be best to update : Bank accounts, if you had given W8-BEN, DMV,....

doesnt it get automatically updated when i file the taxes with new ssn instead of itin?? do we need to send the physical letter for this??

[gc0907]

I don't have experience on it but from my understanding they need a separate letter as it doesn't look that they will monitor it with tax filing.
And they say:

If you do not notify the IRS when you are assigned a SSN, you may not receive credit for all wages paid and taxes withheld which could reduce the amount of any refund due.

And so they won't know until you tell them.

May be they have different staff or process that will do the update when you send the letter. So it's better send the letter rather than assuming something which can create issue later.


doesnt it get automatically updated when i file the taxes with new ssn instead of itin?? do we need to send the physical letter for this??

[nishant2200]

doesnt it get automatically updated when i file the taxes with new ssn instead of itin?? do we need to send the physical letter for this??

Yaar abhi abhi GC mila hai, apna roots mat bhulo. Jo likha hai follow karo, no bagawat :)

I wud go to local IRS office with ITIN letter or if that's missing a copy of tax return, SSN card, EAD or GC, drivers license or passport for proof of identity. They merge the ITIN records under ur new SSN.

[gc0907]

Just an update: Finally got my new passport.

[soggadu]

guys if anybody knows....

Need a travel companion for MomInlaw from HYD to new jersey during march... please let me know if you know of anyone...

[leo07]

Glad to be posting in this thread:)

Do you guys know how to get SSN card updated? There were some restrictions initially, want to remove them and get a updated card.( not new number :))

[imdeng]

There was some discussion about it. AFAIR, the conclusion was, just go to the SSN Office (Federal Building) closest to you with your SSN Card, GC, Passport etc and ask for the card to be updated. You do not need appointments - its on a walk-in basis.

Glad to be posting in this thread:)

Do you guys know how to get SSN card updated? There were some restrictions initially, want to remove them and get a updated card.( not new number :))

[leo07]

perfect. thanks!

There was some discussion about it. AFAIR, the conclusion was, just go to the SSN Office (Federal Building) closest to you with your SSN Card, GC, Passport etc and ask for the card to be updated. You do not need appointments - its on a walk-in basis.

[nishant2200]

Glad to be posting in this thread:)

Do you guys know how to get SSN card updated? There were some restrictions initially, want to remove them and get a updated card.( not new number :))

I filled out the application form, it is self-explanatory how to fill it out. it is on ssa website. http://www.ssa.gov/ssnumber/ss5.htm

Took the printout, went to the SSA office nearest, take your green card, old ssn card, and passport, drivers license , state id, whatever you have. Frankly they only need the old ssn card and green card, but no harm in taking rest of the stuff. Tell them you have green card now and want the restriction about INS or DHS authorization removed from your SSN card, and they know exactly what to do.

FYI, you can only get 10 SSN cards issued in lifetime, and 3 max in one year. However, new SSN card due to above i.e. removing some restriction verbiage, or new SSN card due to legal name change, is exempt from numerical limitations...

[leo07]

Thanks bud!

I'll have to find my SSN card now. They will give you the card same day? I tired the ssa webpage before , it wasn't opening in ie/ff.



I filled out the application form, it is self-explanatory how to fill it out. it is on ssa website. http://www.ssa.gov/ssnumber/ss5.htm

Took the printout, went to the SSA office nearest, take your green card, old ssn card, and passport, drivers license , state id, whatever you have. Frankly they only need the old ssn card and green card, but no harm in taking rest of the stuff. Tell them you have green card now and want the restriction about INS or DHS authorization removed from your SSN card, and they know exactly what to do.

FYI, you can only get 10 SSN cards issued in lifetime, and 3 max in one year. However, new SSN card due to above i.e. removing some restriction verbiage, or new SSN card due to legal name change, is exempt from numerical limitations...

[nishant2200]

Thanks bud!

I'll have to find my SSN card now. They will give you the card same day? I tired the ssa webpage before , it wasn't opening in ie/ff.
http://www.ssa.gov/online/ss-5.pdf

Is direct link. They also have paper forms in office.

SSN card comes in mail, around 1 week later. If you cant find SSN card, tell them u lost it, they will issue new one, still inform about GC, so that new card dont have any restriction.

[gcseeker]

Glad to be finally posting in this thread. I have a few questions of my own.

1.My parents visitor visas were approved last year and they presented copies of my H1 documents at that time . With my GC approval would it render the visitor visas obsolete .Would they need to reappear for Visitor visa using my GC documents.

Updating with the answers I found.There is no relation between the visitor visa and H1 documents presented.It is a visa in its own right though in the sponsoring letter one would state evidence of financial support during the visit.However at POE when questioned they can say that son has gc right now.

2.Wife is currently in India and I will not be able to obtain a new SSN for her in time for the taxes.Can I still file for taxes with her ITIN number. As I understand the law one cannot have both ITIN and SSN at the same time and techincally she would not have both at the same time.I am planning to get her SSN updated after she returns. Would you anticipate any problems with the above approach ?

Ans: Since it is last year's taxes and also since both ITIN and SSN are not present at same time should be no issues with this one.


Please feel free to correct the above if any of the info or assumptions are not right.Just leaving the questions post so that it might help others.

[gcseeker]

Also wanted to share an article from Ron Gretcher written in 2010 pertaining to job change post gc

http://imminfo.com/News/Newsletter/2010-9-15/Changing-jobs-before-and-after-green-card-approval.html


"The bigger issue that seems to confound both AOS and CP applicants is how long must they continue to work for their sponsoring employers after they become lawful permanent residents. Many years ago, the former INS had a rule that presumed fraud on the part of the employee if he or she changed employers within two years of becoming an lawful permanent resident (LPR). That rule was quietly abandoned almost twenty years ago. Unfortunately, not everyone seems to have gotten the word as it continues to pop up in Internet discussion forums today.

It is pretty clear that Congress settled this issue with the passage of the AC21 legislation. The legislative history of the I-140 portability provision makes it clear that Congress wanted to achieve parity between AOS and CP applicants. At that time, both AOS and CP applicants had to wait until an I-140 was approved before moving on to the next step. Historically, CP has rarely taken more than six months from I-140 approval until the issuance of an immigrant visa (assuming visa availability).

In passing this legislation, Congress implicitly recognized that CP applicants were free to change employers after becoming LPRs – as long as they acted in good faith during their processing. In other words, as long as they didn’t have fixed plans to change employers before going off to the visa interview, they were free to change jobs immediately upon return if circumstances changed. Changed circumstances might include a higher salary, better working conditions, or a better job opportunity.

By setting up a six month interval for AOS applicants (from the initial date of filing), Congress put them on par with CP applicants who could change jobs after approximately the same interval. It is safe to say that the six month interval is now the rule, at least insofar as there is a rule.

Since an applicant may change jobs after six months, it is absurd to assume that someone who gets very lucky and has AOS granted earlier than six months is somehow subject to a different rule. For this reason, it is clear that anyone who is an LPR may change jobs for any reason without fear of having their status revoked. The old two year rule was dead and buried long before passage of the AC21 legislation. The six month interval set forth by Congress, however, makes it clear that LPRs are free to change jobs at any time."

[harsha131]

Glad to post in this thread...I am all set to receive the cards tomorrow. Pretty pumped up right now.

couple of silly questions, when at POE can GC holders use the US Citizens lane? If not How about with a US Citizen dependent?

[cbpds1]

guess u have heard them saying loudly at the POE
"All citizens and permanent residents, this side, all others on the other side" :)


Glad to post in this thread...I am all set to receive the cards tomorrow. Pretty pumped up right now.

couple of silly questions, when at POE can GC holders use the US Citizens lane? If not How about with a US Citizen dependent?

[soggadu]

guys gals and gurus....

After reading about how soon one can change a job from above posts, i have couple of questions...

1. The 6 month rule... So the 6 month time frame starts from the day you applied for your 485 and not the day you got the CPO email right? Thats what is mentioned in Ron's post but i just want to make sure. So i filed on Nov 2 2011 and by May 2 2012, i should be 100% free to do job change in same field ( yes this can be done any time after LPR but just trying out the 6 month thing)
2. I currently work as a IT consultant in a scenario where my company A will be paid through Vendor B by Client C... So if i remove my Company A and take 1099 from Vendor B... Is this a job change or career change?

[mesan123]

1) I am not 100% sure....to my knowledge it is 180 days from the 485 reciept date...
2) this is not job career change as you will working in the same job and same responsibilties and just removing one layer. this is just employer change for the same job.


guys gals and gurus....

After reading about how soon one can change a job from above posts, i have couple of questions...

1. The 6 month rule... So the 6 month time frame starts from the day you applied for your 485 and not the day you got the CPO email right? Thats what is mentioned in Ron's post but i just want to make sure. So i filed on Nov 2 2011 and by May 2 2012, i should be 100% free to do job change in same field ( yes this can be done any time after LPR but just trying out the 6 month thing)
2. I currently work as a IT consultant in a scenario where my company A will be paid through Vendor B by Client C... So if i remove my Company A and take 1099 from Vendor B... Is this a job change or career change?

[mygctracker]

Below are my thoughts:

1) I've read two things on multiple forums. One say " 6 months from AOS receipt Date" Second say " 6 months from AOS approval date". AND Both say there is no written norm for this 6 month rule, it is just to be on safe side to prove intent.
Personally, I think If there is a good reason you can switch anytime. Reasons could be:
a) Employer layoff
b) Employer asks to move to different location which you dislike.
c) Family reasons like spouse found a job in another state.
d) Kids going to school/collage in another state etc compelling you to move.
List can go on and on. Basically, if you can show enough proof that you never had prior intentions of leaving GC sponsored employer after GC approval, then move should be Justifiable.

2) I think if you change layer, and that layer is your GC sponsored employer, then it is a Job change. And in your scenario, I don't think there is a good reason to prove your good intent. Since you go to the same client. My 2 cents.

Hope it helps. Thanks.


guys gals and gurus....

After reading about how soon one can change a job from above posts, i have couple of questions...

1. The 6 month rule... So the 6 month time frame starts from the day you applied for your 485 and not the day you got the CPO email right? Thats what is mentioned in Ron's post but i just want to make sure. So i filed on Nov 2 2011 and by May 2 2012, i should be 100% free to do job change in same field ( yes this can be done any time after LPR but just trying out the 6 month thing)
2. I currently work as a IT consultant in a scenario where my company A will be paid through Vendor B by Client C... So if i remove my Company A and take 1099 from Vendor B... Is this a job change or career change?

[soggadu]

2) I think if you change layer, and that layer is your GC sponsored employer, then it is a Job change. And in your scenario, I don't think there is a good reason to prove your good intent. Since you go to the same client. My 2 cents.

Hope it helps. Thanks.

for the above point... will it be ok if i remove my sponsoring company layer after 6 months?

[GCKnowHow]

Soggadu, I keep seeing this 180 days after filing 485 to eliminate any questions on GC fraud.
In your scenario I would says 2. is job change. You should remember the employee-employer relation ship etc... in H1.
Your labor is approved based on you working with your employer and not your client.

IMO This is no different from changing new client and new employer. You waited so long, just give it few more months to avoid any future confusions.



guys gals and gurus....

After reading about how soon one can change a job from above posts, i have couple of questions...

1. The 6 month rule... So the 6 month time frame starts from the day you applied for your 485 and not the day you got the CPO email right? Thats what is mentioned in Ron's post but i just want to make sure. So i filed on Nov 2 2011 and by May 2 2012, i should be 100% free to do job change in same field ( yes this can be done any time after LPR but just trying out the 6 month thing)
2. I currently work as a IT consultant in a scenario where my company A will be paid through Vendor B by Client C... So if i remove my Company A and take 1099 from Vendor B... Is this a job change or career change?

[mesan123]

yes,after 6 months....this is on assumption your current employer would not create hassle for you and that you didnot sign any non-competence with him......


for the above point... will it be ok if i remove my sponsoring company layer after 6 months?

[mygctracker]

Yes, should be fine after 180 days from immigration perspective. But please be wary of your contractual agreement with your sponsor, they may excercise the agreement (if any) if you work for their client without their approval.


for the above point... will it be ok if i remove my sponsoring company layer after 6 months?

[ThatIsAll]

I do agree with mygctacker on non compete agreement. There was a case when another consultant working with me was offered a full time position by the client and his company didn't want to let go the golden hen and pulled out a non-compete agreement and stopped the move. so make sure that is not issue for you, soggadu.

Yes, should be fine after 180 days from immigration perspective. But please be wary of your contractual agreement with your sponsor, they may excercise the agreement (if any) if you work for their client without their approval.

[cbpds1]

I did check with my attorney and he said that you can change after 180 days after filing your 485 application.

Guess you should be ok to remove the sponsoring employer OR better thing wud be to join the client itself(that ways u can kick Company A and B :)


for the above point... will it be ok if i remove my sponsoring company layer after 6 months?

[kumar_342]

so gurus is it 180 days from 485 RD , not GC approval date rite?
also is there any forum/links which tells about
how u can work after GC like on 1099, or how to work extra hours (is it on w2) and how it is to be accounted, and can u work part time with other employee even before 180 days and details like that. I am not getting a clear picture, want to know more info


I did check with my attorney and he said that you can change after 180 days after filing your 485 application.

Guess you should be ok to remove the sponsoring employer OR better thing wud be to join the client itself(that ways u can kick Company A and B :)

[harsha131]

Kumar, I will be interested to know further info as well.....as far as I know you can work part-time on w2 even before 180days.


so gurus is it 180 days from 485 RD , not GC approval date rite?
also is there any forum/links which tells about
how u can work after GC like on 1099, or how to work extra hours (is it on w2) and how it is to be accounted, and can u work part time with other employee even before 180 days and details like that. I am not getting a clear picture, want to know more info

[soggadu]

thank you one and all for the replies... some more questions...

Assuming my employer and vendor doesnt have problems for me to have my way ...i.e. remove my employer as a layer between myself and vendor...

1. Is it advisable to take money on 1099 or register a company
2. S corp or llc if i would need to register a company.
3. Which one has flexibility where i can charge my family health insurance and other expenses towards taxes?

Please help me out...

[leo07]

I'm interested in answers...sorry cannot contribute to answers at this time :)

thank you one and all for the replies... some more questions...

Assuming my employer and vendor doesnt have problems for me to have my way ...i.e. remove my employer as a layer between myself and vendor...

1. Is it advisable to take money on 1099 or register a company
2. S corp or llc if i would need to register a company.
3. Which one has flexibility where i can charge my family health insurance and other expenses towards taxes?

Please help me out...

[gcseeker]

thank you one and all for the replies... some more questions...

Assuming my employer and vendor doesnt have problems for me to have my way ...i.e. remove my employer as a layer between myself and vendor...

1. Is it advisable to take money on 1099 or register a company
2. S corp or llc if i would need to register a company.
3. Which one has flexibility where i can charge my family health insurance and other expenses towards taxes?

Please help me out...

Soggadu bhai

1.1099 would be best option but will invite a lot of tax scrutiny from IRS so one needs to be very careful doing it.
2.Scorp will help you save taxes but you will have flexibility issues.LLC is more peace of mind.
http://www.selfemployedweb.com/s-corp-vs-llc.htm
3.1099 has all the flexibility for taxes...but one needs to be very detailed with respect to maintaining all the records.

Check this link also specifically for consultants.

http://biztaxtalk.com/node/3

[TeddyKoochu]

guys gals and gurus....

After reading about how soon one can change a job from above posts, i have couple of questions...

1. The 6 month rule... So the 6 month time frame starts from the day you applied for your 485 and not the day you got the CPO email right? Thats what is mentioned in Ron's post but i just want to make sure. So i filed on Nov 2 2011 and by May 2 2012, i should be 100% free to do job change in same field ( yes this can be done any time after LPR but just trying out the 6 month thing)
2. I currently work as a IT consultant in a scenario where my company A will be paid through Vendor B by Client C... So if i remove my Company A and take 1099 from Vendor B... Is this a job change or career change?

First of all glad that can finally post on this thread. Sogaddy bhai as far as I have read the clock is reset on the day you get GC approval and after an I9 is filed post GC. This is what I could gather from reading some threads especially on Trackitt. Iam not sure about the current article or post by Ron he is a very noted lawyer in his own right personally I will be glad if the 6 months rule starts from the day of 485 filing. Most of the postings that I have read suggest people to file AC21 before GC approval on the contrary; we could not go there because our GC got approved within 6 months itself. Now officially there is no 6 months rule but it has kind of good to be with the sponsoring employer for 6 months post GC, even for citizenship Iam not sure they maybe asking for last 5 years just like G325 so if you leave your employer you can file for it later than the 4 years and 9 months. As others have said the burden of proof is to show good faith intention at the time of approval so probably best to complete another 6 months from the approval date, I fully understand your predicament we are virtual currency printing machines for our employers. Coming to the company you should choose the option that allows you to keep your assets separate from the company assets totally I think both satisfy these criteria. Here is a link I found http://www.bizfilings.com/learn/llc-vs-s-corp.aspx

[soggadu]

thank you gcseeker and teddy bhai... i will try to digest the info provided by you and get back with more questions...

teddy bhai...i have confirmed from some other sources too and they are all inclining towards 6 month rule from the apply date of AOS... have you heard anything different?

[srd4gc]

Is it safe to do a career change after GC and before citizenship?

[soggadu]

Is it safe to do a career change after GC and before citizenship?

go through this

http://imminfo.com/News/Newsletter/2010-9-15/Changing-jobs-before-and-after-green-card-approval.html

[srd4gc]

I read that article before but I just hear from so many of my friends that it is very much ok to do anything you want after GC. I realize that my friends are not lawyers but just wanted to get more ideas. I am not planning anything immediately but just wanted to make myself clear before I even think of anything I that sort.

[cbpds1]

Teddy,

I checked with my attorney from immigration law group and he said it is fine to leave after 6months of 485 application date.

Now guess Ron and ILG are saying the same thing.

Did you get to check with your attorney?




First of all glad that can finally post on this thread. Sogaddy bhai as far as I have read the clock is reset on the day you get GC approval and after an I9 is filed post GC. This is what I could gather from reading some threads especially on Trackitt. Iam not sure about the current article or post by Ron he is a very noted lawyer in his own right personally I will be glad if the 6 months rule starts from the day of 485 filing. Most of the postings that I have read suggest people to file AC21 before GC approval on the contrary; we could not go there because our GC got approved within 6 months itself. Now officially there is no 6 months rule but it has kind of good to be with the sponsoring employer for 6 months post GC, even for citizenship Iam not sure they maybe asking for last 5 years just like G325 so if you leave your employer you can file for it later than the 4 years and 9 months. As others have said the burden of proof is to show good faith intention at the time of approval so probably best to complete another 6 months from the approval date, I fully understand your predicament we are virtual currency printing machines for our employers. Coming to the company you should choose the option that allows you to keep your assets separate from the company assets totally I think both satisfy these criteria. Here is a link I found http://www.bizfilings.com/learn/llc-vs-s-corp.aspx

[TeddyKoochu]

thank you gcseeker and teddy bhai... i will try to digest the info provided by you and get back with more questions...

teddy bhai...i have confirmed from some other sources too and they are all inclining towards 6 month rule from the apply date of AOS... have you heard anything different?


Teddy,

I checked with my attorney from immigration law group and he said it is fine to leave after 6months of 485 application date.

Now guess Ron and ILG are saying the same thing.

Did you get to check with your attorney?

Sogaddu thanks for document. From this document yes we can change jobs 6 months from 485 filing absolutely without any issues, since it comes from a noted lawyer it has to be good.

cbpds1 Thanks, my lawyer is company paid and he and his assistant often swear their loyalty to them so cannot discuss this with them. In fact its time to delete their contacts from my address books.

[mesan123]

On a lighter note...maaku me company lo udyogam isthara ??



thank you gcseeker and teddy bhai... i will try to digest the info provided by you and get back with more questions...

teddy bhai...i have confirmed from some other sources too and they are all inclining towards 6 month rule from the apply date of AOS... have you heard anything different?

[soggadu]

On a lighter note...maaku me company lo udyogam isthara ??

vaade vunte gundu yenduku anni!!!! anta scene ee vunte naaku inni kastaalu yendukandi...
inka yeemi decide ee kaaledhu meeru aata patistunaaru!!!

[soggadu]

Sogaddu thanks for document. From this document yes we can change jobs 6 months from 485 filing absolutely without any issues, since it comes from a noted lawyer it has to be good.

cbpds1 Thanks, my lawyer is company paid and he and his assistant often swear their loyalty to them so cannot discuss this with them. In fact its time to delete their contacts from my address books.

YES!!!!! Lets do ittttt!!!!

[mesan123]

Hahaha :)... alla em kadhu, tapakunda company pedatarulendi....all the best for you.... Happy Ugadi.... :)


vaade vunte gundu yenduku anni!!!! anta scene ee vunte naaku inni kastaalu yendukandi...
inka yeemi decide ee kaaledhu meeru aata patistunaaru!!!

[qesehmk]

My understanding is that 1099 is for individuals that are not on payroll of the party making the payments.

If you are employed - the employer (not the client) issues you a W2.
If you work directly for the client - but now as a direct contractor - the client will issue you a 1099.

Now if you register as a company - then the payments will come as checks and the client doesn't declare that to IRS (1099 or W2 are ways to declare individual income to IRS).

For a company (S Corp or LLC) the responsibility lies with itself to declare its income to IRS. As per health insurance - in 2010 one could charge health insurance as business expense there by reducing SS taxes. However I am not sure what's teh situation in 2011 onwards. Prior to 2010 it was NOT allowed to claim it as business expense.

I am not an expert at all - this is my common sense. Would appreciate if somebody knows better and shares.


thank you one and all for the replies... some more questions...

Assuming my employer and vendor doesnt have problems for me to have my way ...i.e. remove my employer as a layer between myself and vendor...

1. Is it advisable to take money on 1099 or register a company
2. S corp or llc if i would need to register a company.
3. Which one has flexibility where i can charge my family health insurance and other expenses towards taxes?

Please help me out...

[ragx08]

Friends,

Q's forum brought together a diverse set of people with unique abilities. One common thing that brought all of us together is the quest for knowledge minus bullshit! All credit to Q and the core contributors for achieving this. This is a great asset to have.

Have seen some discussion on 'what next' on this thread. In the past, I remember Q asking for suggestions on how to take this forum forward.... beyond immigration.

I have a suggestion. Why don't we expand this forum to include some good and healthy technology discussions? I'm sure we have a diverse membership including software/hardware/admins/QA/medical(doctors)/entrepreneurs/managers/etc... and I'm sure everyone will have something to contribute and a lot to learn from one another.

This need not be one of those many blogs/forums where you find answers to specific questions (eg. SQL queries, cluster configs, etc...). I'll leave it to Q to define the scope for such a discussion.

I personally would like to see this turn into a discussion on technology trends/analysis and where most of the VC funds are going... in the process predicting (yes - we are good at that - aren't we?) what the next BIG thing is gonna be. Who knows, this could turn out to be an incubator for the 'gen-next' entrepreneurs - now that so many of us are free from bondage.

It need not be an uptight discussion. As usual, we can share our past experiences with certain things - and how something was, how could it be better than what it was.... etc.

What do you guys think?

[kumar_342]

Gurus, I am in same boat as soggadu bhai, and I suppose most of them wud be, and if I want to cut the E layer (after 180 days from 485 RD) foll wud be the scenarios,
putting some rough figures here
1. Current position --> (C)client pays 50 --> (V)vendor pays 45 --> E(employer) 80% of 45 =36 --> (M)me I get 36 – 22%taxes =28
2. Join V and pay for employer and employee taxes(15.3%) so 85% of 45 = 38.25 - 22%taxes = 30 (roughly)
3. open LLC and still pay for employer and employee taxes (15.3%) so 85% of 45 = 38.25 - 22%taxes - operational expenses = roughly 29 :)
please chk if something is wrong here
looks like we might gain like only 5% max with the above scenario rite.. please provide ur inputs

thanks


YES!!!!! Lets do ittttt!!!!

[gc0907]

I am not sure about the calculations on employer and employee taxes(15.3%).
I think it's shouldn't be more than 7-8%. Also you might be able to tax some duductions as well if you pay that(not 100% sure).

So I think joining V's payroll @90%(45)=40.5 where he will pay all payroll expenses and insurance, is one option. This is about 9K gain/year(before tax).
I am sure V has actually nothing to lose here. Or you can ask for other perks like paid vacation,etc if they insist on 85%.


Gurus, I am in same boat as soggadu bhai, and I suppose most of them wud be, and if I want to cut the E layer (after 180 days from 485 RD) foll wud be the scenarios,
putting some rough figures here
1. Current position --> (C)client pays 50 --> (V)vendor pays 45 --> E(employer) 80% of 45 =36 --> (M)me I get 36 – 22%taxes =28
2. Join V and pay for employer and employee taxes(15.3%) so 85% of 45 = 38.25 - 22%taxes = 30 (roughly)
3. open LLC and still pay for employer and employee taxes (15.3%) so 85% of 45 = 38.25 - 22%taxes - operational expenses = roughly 29 :)
please chk if something is wrong here
looks like we might gain like only 5% max with the above scenario rite.. please provide ur inputs

thanks

[kumar_342]

yes makes sense, we pay ss and medicare after the final pay so cud be we can take off 7.5% out of 15.3%
about taxes I was relying on this info,
source: http://taxes.about.com/od/payroll/qt/payroll_basics.htm
u can chk more



I am not sure about the calculations on employer and employee taxes(15.3%).
I think it's shouldn't be more than 7-8%. Also you might be able to tax some duductions as well if you pay that(not 100% sure).

So I think joining V's payroll @90%(45)=40.5 where he will pay all payroll expenses and insurance, is one option. This is about 9K gain/year(before tax).
I am sure V has actually nothing to lose here. Or you can ask for other perks like paid vacation,etc if they insist on 85%.

[codesmith]

Below are my thoughts:

1) I've read two things on multiple forums. One say " 6 months from AOS receipt Date" Second say " 6 months from AOS approval date". AND Both say there is no written norm for this 6 month rule, it is just to be on safe side to prove intent.
Personally, I think If there is a good reason you can switch anytime. Reasons could be:
a) Employer layoff
b) Employer asks to move to different location which you dislike.
......

I'm wondering about the right time to change the employer.
If I change my employer after 6 months of getting GC ( to make sure I continued with the employer after getting GC )
do I still have to have "good reason" ?
Do I have to invoke AC21 even after GC ?
What documents/procedure new employer and I've to follow ?
I thought after GC I'd be free bird and can change my job at will .. :)

[mygctracker]

I'm wondering about the right time to change the employer.
If I change my employer after 6 months of getting GC ( to make sure I continued with the employer after getting GC )
do I still have to have "good reason" ?

Post 6 month period, One would have shown enough intent to mitigate the risk of being questioned later. So I think any reason is a Good Reason.

Do I have to invoke AC21 even after GC ?
AC21 is for pending AOS applicants not for approved AOS.
What documents/procedure new employer and I've to follow ?
AFAIK, When changing employer post GC, There is not paperwork with regard to Immigration. The only important paper work is the I-9 - This serves as both Validity of work authoriztion & Start of new employment.

I thought after GC I'd be free bird and can change my job at will .. :)
One is free with GC but only relative to other immigration categories. Hence GC holders are cautioned that their status is a Privilage but not Right. One needs to attain citizenship for the latter.

Hope this helps. Good Luck.

[codesmith]

Hope this helps. Good Luck.

MyGCtracker Thanks for answering.. I'd bug you if need more infor :)

[gcseeker]

I'm wondering about the right time to change the employer.
If I change my employer after 6 months of getting GC ( to make sure I continued with the employer after getting GC )
do I still have to have "good reason" ?
Do I have to invoke AC21 even after GC ?
What documents/procedure new employer and I've to follow ?
I thought after GC I'd be free bird and can change my job at will .. :)

Codesmith I agree with most of the answer mygctracker has provided.I will just differ on one answer .However since it is a question of Intent it can be intrepreted in many ways ,will differ from person to person based on tolerance levels of risk.

"do I still have to have "good reason" ?"

Based purely on the below article from Ron Gretcher. The good reason could even be simply higher pay at a different company. The intent of the gc is not to create endentured slaves working for the company that sponsored the application. Yes you have to be careful with the "intent" demonstration but you can definetly dance around it by carefully documenting your reasons.

Refer to this article.

http://imminfo.com/News/Newsletter/2010-9-15/Changing-jobs-before-and-after-green-card-approval.html

Staying six months with the sponsoring employer in most cases should be enough to demonstrate the intent of having taken up the job .

It is purely my take that if six months is also not considered enough...there is no guarantee that 1 yr also will be enough.The question of a good enough reason will always prop up .

Anywaz it is a decision based on individual risk tolerance.Most lawyers advise the six month cooling period.

[gcseeker]

Also I remember someone posted a question about changing careers post GC. From the same article it is a strict no -no and viewed much more seriously.

Reasons

http://imminfo.com/News/Newsletter/2010-9-15/Changing-jobs-before-and-after-green-card-approval.html

Of course, there is still the question of changing careers. Just because Congress permits a job change after six months does not mean that they intended to permit career changes after six months.


A person who immigrates on the basis of an I-140 does so riding on the back of a presumption that they are going to work in a field with a demonstrated shortage of qualified local workers. The Secretary of Labor is required to certify that their employment will not adversely affect the wages, working conditions, or rate of employment of US workers in the same field. If someone immigrates on the basis of this kind of certification, and immediately changes careers, that thwarts the whole rationale behind the labor certification process.


Changing jobs after six months of cooling period post gc is okay in the view of many Lawyers and personally too have not seen many problems posted with regards to this.

Changing careers post gc is an altogether different ball game and is not advised by most Lawyers unless backed up by substantial reasons and evidence.


Interesting link where 4 Laywers from different law firms responded to a similar question of changing jobs post gc.

http://www.lawqa.com/qa/changing-job-after-green-card

[codesmith]

Also I remember someone posted a question about changing careers post GC. From the same article it is a strict no -no and viewed much more seriously.

Reasons

http://imminfo.com/News/Newsletter/2010-9-15/Changing-jobs-before-and-after-green-card-approval.html

Of course, there is still the question of changing careers. Just because Congress permits a job change after six months does not mean that they intended to permit career changes after six months.




Changing jobs after six months of cooling period post gc is okay in the view of many Lawyers and personally too have not seen many problems posted with regards to this.

Changing careers post gc is an altogether different ball game and is not advised by most Lawyers unless backed up by substantial reasons and evidence.



Gcseeker,

Thanks for the links and throwing light on the other possibilities. I think 6 or more months (how many ?) should be considered as a enough time before switching the employer.
Can you tell me when and why the question of "intent" comes into picture ?
Does USCIS or any other agency perform audit of all GC holders to find out : the change of employer ?

[gcseeker]

Gcseeker,

Thanks for the links and throwing light on the other possibilities. I think 6 or more months (how many ?) should be considered as a enough time before switching the employer.
Can you tell me when and why the question of "intent" comes into picture ?
Does USCIS or any other agency perform audit of all GC holders to find out : the change of employer ?

Codesmith

I would go with the six months cooling period since most Lawyers stand by it, you can stay longer too if you do not feel comfortable switching after six months.

The question of intent comes into picture right on the day the GC process was started since GC is always about future employment. Gretcher's article above uses the same reason to advise against a career change after gc .

USCIS does not perform any audit of gc holders or atleast has not done so far. Also the problem is not with the gc.All these questions will pop after 5 yrs when you are eligible to file for citizenship.USCIS might question you with regards to the any of the red flags.

[codesmith]

Codesmith

I would go with the six months cooling period since most Lawyers stand by it, you can stay longer too if you do not feel comfortable switching after six months.

The question of intent comes into picture right on the day the GC process was started since GC is always about future employment. Gretcher's article above uses the same reason to advise against a career change after gc .

USCIS does not perform any audit of gc holders or atleast has not done so far. Also the problem is not with the gc.All these questions will pop after 5 yrs when you are eligible to file for citizenship.USCIS might question you with regards to the any of the red flags.

Thanks buddy, let's see how things go!

[pdfeb09]

Also I remember someone posted a question about changing careers post GC. From the same article it is a strict no -no and viewed much more seriously.

Reasons

http://imminfo.com/News/Newsletter/2010-9-15/Changing-jobs-before-and-after-green-card-approval.html

Of course, there is still the question of changing careers. Just because Congress permits a job change after six months does not mean that they intended to permit career changes after six months.




Changing jobs after six months of cooling period post gc is okay in the view of many Lawyers and personally too have not seen many problems posted with regards to this.

Changing careers post gc is an altogether different ball game and is not advised by most Lawyers unless backed up by substantial reasons and evidence.


Interesting link where 4 Laywers from different law firms responded to a similar question of changing jobs post gc.

http://www.lawqa.com/qa/changing-job-after-green-card

I wonder what constitutes as a career change for USCIS. Would taking up a managerial post after GC be a career change? How about taking up Part time MBA ? What if someone is already working towards part time MBA while on H1B (IT) and decides to take up a good opportunity at an executive level (Non IT) post GC? Normally, it should be considered a rational move, No?

I understand that getting a GC while being in IT, and changing over to start a "Grocery Store" would definitely be an issue (because the skills required are totally different). But even in this case, doesn't USA allow one to pursue their own dream and happiness? Even if it happens to be the ownership of a Grocery store(still a valid business, mind you).

It would make sense to continue in your profession at the same level if obtaining GC was a matter of a few months or even around 1 yr...... With a timeline spanning 4-5 yrs, one can hardly be faulted if one decides to "move on".

Ignore the rant.. it is directed against the stupid policies !

[gcseeker]

I wonder what constitutes as a career change for USCIS. Would taking up a managerial post after GC be a career change? How about taking up Part time MBA ? What if someone is already working towards part time MBA while on H1B (IT) and decides to take up a good opportunity at an executive level (Non IT) post GC? Normally, it should be considered a rational move, No?

pdfeb09 :) Dont worry we are on the same page with regards to ranting against stupid policies.

Anywaz coming to the question , as long as you are working in the same/similar field with a move upward ..I do not think it will be construed as violating any rules. It is a rational explanation that an individual will definetly get promoted within 2-3 yrs usually and in some cases multiple times in a year. The policy is not designed nor intended to punish any such moves. Even similar field moves might not be frowned upon...if you were doing circuit design today and tomorrow decide to do computer animation ...it could still be justified as taking up employment within a field where Americans are scarce.

It is only the grocery type moves which will get flagged ( I personally do not beleive they should be ...but hey the policy makers had to go and make that rule !!!!)

[TeddyKoochu]

Friends I did some research on this topic reading at various places, here is a summary, this further to links posted by Soggadu earlier.

- Basically on at the time of 485 applications and on the day of approval one should have good faith intention of working for the sponsor.

- The AC 21 law allowed individuals to change jobs after 6 months of I485 receipt date. This is how 6 months became the standard time period

- Post GC no time period is defined anywhere however we should be judicious to wait for a reasonable time

- Some lawyers have mentioned that the clock really starts from the day of 485 receipt for some actual 485 took a longer time to get approved (Jul 2007 beneficiaries) while for others it got approved sooner (Oct – Dec 2011 filers) from the date of application. The general guidance not a rule is that if you filed AC21 before approval then you should spend reasonable time with the new employer.

- So if people could legally change jobs 6 months after 485 when GC is not approved I believe there is absolutely no reason why people whose 485 is approved in less than 6 months of filing can't be eligible to change jobs after 6 months of 485 filing.

- People are concerned that changing employers right after GC may cause an issue, just like for 485 even for citizenship a G325 form giving details for last 5 years is required so plan accordingly, GC is valid for 10 years so you can possibly apply after 7-8 years rather than right at the 5 years time limit.

- Most of us have gone through a lot with our employers or have been stuck in our careers during the GC phase. I believe 6 months from the time GC is approved is possibly vacuum air tight to change employers though by the verbiage of the Ac 21 law even 6 months from 485 filing would be good.
- For an employer even trying to get your GC revoked for any reason will put them at greater trouble.

- Be careful about contracts they are subject to state law. Laws in NY / NJ area where most of the consulting companies are based heavily favor employers while in states like CA employment contracts are not even worth the paper they are written on.
This is a case of no one size fits all so take your own decisions and post GC enjoy free life in this free country.

[suninphx]

Friends I did some research on this topic reading at various places, here is a summary, this further to links posted by Soggadu earlier.

- Basically on at the time of 485 applications and on the day of approval one should have good faith intention of working for the sponsor.

- The AC 21 law allowed individuals to change jobs after 6 months of I485 receipt date. This is how 6 months became the standard time period

- Post GC no time period is defined anywhere however we should be judicious to wait for a reasonable time

- Some lawyers have mentioned that the clock really starts from the day of 485 receipt for some actual 485 took a longer time to get approved (Jul 2007 beneficiaries) while for others it got approved sooner (Oct – Dec 2011 filers) from the date of application. The general guidance not a rule is that if you filed AC21 before approval then you should spend reasonable time with the new employer.

- So if people could legally change jobs 6 months after 485 when GC is not approved I believe there is absolutely no reason why people whose 485 is approved in less than 6 months of filing can't be eligible to change jobs after 6 months of 485 filing.

- People are concerned that changing employers right after GC may cause an issue, just like for 485 even for citizenship a G325 form giving details for last 5 years is required so plan accordingly, GC is valid for 10 years so you can possibly apply after 7-8 years rather than right at the 5 years time limit.

- Most of us have gone through a lot with our employers or have been stuck in our careers during the GC phase. I believe 6 months from the time GC is approved is possibly vacuum air tight to change employers though by the verbiage of the Ac 21 law even 6 months from 485 filing would be good.
- For an employer even trying to get your GC revoked for any reason will put them at greater trouble.

- Be careful about contracts they are subject to state law. Laws in NY / NJ area where most of the consulting companies are based heavily favor employers while in states like CA employment contracts are not even worth the paper they are written on.
This is a case of no one size fits all so take your own decisions and post GC enjoy free life in this free country.

T-

very good post. Thank you.

So essentially, once we pass 6 months after RD we are good.

[qesehmk]

Alright guys - just registering my experience of entering US first time after GC.

Arrived at PHL couple of hours back. Used the Citizens and Permanent Residents line. Showed passport and GC (and customs form). The officer took fingerprints and let me in.

Simple.

I was expecting him to stamp 551 in my passport. Apparently that is required only for folks who do CP. People who already have GC, dont need 551. But it also means that having GC on you while entering is a must ---- well sort of. I am sure if you lost GC while on way to US, they will let you in since they should have all your records i.e. Kundali.

Anyway ... but certainy feels good to avoid all the visa worries. So all the best to folks who don't have GC yet.

[gc0907]

Yep had similiar experience two months ago. Only few people ahead of me. Asked how long I was gone and why. One couple - elderly and one single guy were in GC line but looked like they weren't GC holders but on non-immigrant visa. I saw the officer looking at papers which looked like H1 or F1 and also stapling I-94 to the passport.
There was a Citizens only line line as well.

Alright guys - just registering my experience of entering US first time after GC.

Arrived at PHL couple of hours back. Used the Citizens and Permanent Residents line. Showed passport and GC (and customs form). The officer took fingerprints and let me in.

Simple.

I was expecting him to stamp 551 in my passport. Apparently that is required only for folks who do CP. People who already have GC, dont need 551. But it also means that having GC on you while entering is a must ---- well sort of. I am sure if you lost GC while on way to US, they will let you in since they should have all your records i.e. Kundali.

Anyway ... but certainy feels good to avoid all the visa worries. So all the best to folks who don't have GC yet.

[harsha131]

To our surprise the Citizens and PR lines were longer than the non-immigration lines!!! We ended up in the PH line :-) and it was quick, not even one question asked


Yep had similiar experience two months ago. Only few people ahead of me. Asked how long I was gone and why. One couple - elderly and one single guy were in GC line but looked like they weren't GC holders but on non-immigrant visa. I saw the officer looking at papers which looked like H1 or F1 and also stapling I-94 to the passport.
There was a Citizens only line line as well.

[druvraj]

Friends I did some research on this topic reading at various places, here is a summary, this further to links posted by Soggadu earlier.

- Basically on at the time of 485 applications and on the day of approval one should have good faith intention of working for the sponsor.

- The AC 21 law allowed individuals to change jobs after 6 months of I485 receipt date. This is how 6 months became the standard time period

- Post GC no time period is defined anywhere however we should be judicious to wait for a reasonable time

- Some lawyers have mentioned that the clock really starts from the day of 485 receipt for some actual 485 took a longer time to get approved (Jul 2007 beneficiaries) while for others it got approved sooner (Oct – Dec 2011 filers) from the date of application. The general guidance not a rule is that if you filed AC21 before approval then you should spend reasonable time with the new employer.

- So if people could legally change jobs 6 months after 485 when GC is not approved I believe there is absolutely no reason why people whose 485 is approved in less than 6 months of filing can't be eligible to change jobs after 6 months of 485 filing.

- People are concerned that changing employers right after GC may cause an issue, just like for 485 even for citizenship a G325 form giving details for last 5 years is required so plan accordingly, GC is valid for 10 years so you can possibly apply after 7-8 years rather than right at the 5 years time limit.

- Most of us have gone through a lot with our employers or have been stuck in our careers during the GC phase. I believe 6 months from the time GC is approved is possibly vacuum air tight to change employers though by the verbiage of the Ac 21 law even 6 months from 485 filing would be good.
- For an employer even trying to get your GC revoked for any reason will put them at greater trouble.

- Be careful about contracts they are subject to state law. Laws in NY / NJ area where most of the consulting companies are based heavily favor employers while in states like CA employment contracts are not even worth the paper they are written on.
This is a case of no one size fits all so take your own decisions and post GC enjoy free life in this free country.

My current employer is having a lot of financial difficulty and as a result I decided to seek a contractor position which I got just one day before I got my GC. Now that I have my GC I was wondering from a citizenship point of view what should I do.

I have a few thoughts and please would love you all to weigh in

1. I have not left my sponsoring employer and help them as and when they require me. The management team is supportive and would love to work for the company.

2. Since I got the contractor position using EAD should I keep working or ask the contractor company to wait till I get my GC in hand. In other words what are the benefits and drawbacks of immediately working as a contractor while keeping my original position.

3. Five years later when I am seeking a US citizenship am I good since I have not left my sponsoring employer but took up a contractor position to support my family.

I have tried to explain my position as best I could.

[Pedro Gonzales]

Alright guys - just registering my experience of entering US first time after GC.

Arrived at PHL couple of hours back. Used the Citizens and Permanent Residents line. Showed passport and GC (and customs form). The officer took fingerprints and let me in.

Simple.

I was expecting him to stamp 551 in my passport. Apparently that is required only for folks who do CP. People who already have GC, dont need 551. But it also means that having GC on you while entering is a must ---- well sort of. I am sure if you lost GC while on way to US, they will let you in since they should have all your records i.e. Kundali.

Anyway ... but certainy feels good to avoid all the visa worries. So all the best to folks who don't have GC yet.

One more post GC to-do for frequent fliers, getting 'Global Entry'. I just applied for it, and have my interview next month. It allows you to zip past the lines altogether and use the electronic entry machines. I'll use it for the first time in December/Jan, and I'll keep you informed on how it goes. I don't travel internationally much, but since United Airlines is picking up the $100 tab for me given my frequent flier status with them, there's no downside.

[SenorMeow]

One more post GC to-do for frequent fliers, getting 'Global Entry'. I just applied for it, and have my interview next month. It allows you to zip past the lines altogether and use the electronic entry machines. I'll use it for the first time in December/Jan, and I'll keep you informed on how it goes. I don't travel internationally much, but since United Airlines is picking up the $100 tab for me given my frequent flier status with them, there's no downside.

Would you mind sharing your premier level with United? I am a 1K and was wondering if they pick up the tab for GE. I also heard that we still wouldn't be eligible for TSA pre-check for domestic travel. I'd really appreciate it if you can share your experience. Thanks!

[perm12]

Hi Gurus, hope to get your thoughts on this.
I filed my I-485 for the first time in Aug 2013 and my GC was approved in Oct 2013...
How soon can I change jobs? Would the '180 days from filing 485' rule still apply, even after 485 approval?
Is it advisable to wait till Feb 2014 (180 days)? I would be joining the client and continue to be working in the same roles and responsibilities.
Btw I've been working for the sponsoring employer for the last 3 years.
Thanks in advance ...

[Pedro Gonzales]

Would you mind sharing your premier level with United? I am a 1K and was wondering if they pick up the tab for GE. I also heard that we still wouldn't be eligible for TSA pre-check for domestic travel. I'd really appreciate it if you can share your experience. Thanks!

I'm a 1K. They pick it up for Platinum and 1K (and by extension, for Global Services customers too). From what i've read on flyertalk, it only kicks you out of Precheck if you update your United profile with your Global Entry number, which tells TSA that you are not a citizen. I don't plan to update my profile with it. Pre, which I use twice a week is far more important to me than Global Entry, which i'll maybe use twice a year.

[Pedro Gonzales]

Hi Gurus, hope to get your thoughts on this.
I filed my I-485 for the first time in Aug 2013 and my GC was approved in Oct 2013...
How soon can I change jobs? Would the '180 days from filing 485' rule still apply, even after 485 approval?
Is it advisable to wait till Feb 2014 (180 days)? I would be joining the client and continue to be working in the same roles and responsibilities.
Btw I've been working for the sponsoring employer for the last 3 years.
Thanks in advance ...

I think consensus opinion on this forum (although it's probably not an absolute consensus) is that you should wait at least 180 days from when you applied for your I485. In your case, I'd recommend waiting an extra 2 months to make it 180 days from your GC, just to eliminate all doubt, although most here will tell you that you don't need to.

[druvraj]

My wife and I received our cards 2 months back and now my wife wants to change her last to that of mine. What are the steps? but more importantly what are the things that I need to worry the most during the process. She just received her SSN and we are in the process of going to the IRS to return her tax ID. I know we will have to go to SSN office to change her name again and other places like passport office etc...

Hope fully we don't have to go though a lot of crap after all we just got our GCs.

[tomhagen]

Unfortunately you have to.. so unless you have a compelling reason don't touch the last name. Once you change it you have to apply for replacement card for GC with relevant documents.

Once that is done apply for replacement of SSN card (SSN will not change but card will be issued with new name)

So please weigh your options for changing the name

[qesehmk]

She just received her SSN and we are in the process of going to the IRS to return her tax ID. I know we will have to go to SSN office to change her name again and other places like passport office etc...
Dru - My understanding is that taxID and SSN are not same and one can have both at the same time. So we never bothered to return my wife's tax ID.

Why fix something that's not broken?

[zenmaster]

My wife and I received our cards 2 months back and now my wife wants to change her last to that of mine. What are the steps? but more importantly what are the things that I need to worry the most during the process. She just received her SSN and we are in the process of going to the IRS to return her tax ID. I know we will have to go to SSN office to change her name again and other places like passport office etc...

Hope fully we don't have to go though a lot of crap after all we just got our GCs.
Druvraj, I wrote a letter to the IRS (ITIN department) stating that wife has received SSN and that all her previous tax records be updated with the SSN in leiu of ITIN. ITIN is now not needed and can be rescinded.
IRS did send an acknowledgement letter stating that tax records were updated with SSN and that ITIN rescinded.
Here is a helpful link : http://www.immihelp.com/immigration/rescind-itin-after-getting-ssn.html

[druvraj]

Dru - My understanding is that taxID and SSN are not same and one can have both at the same time. So we never bothered to return my wife's tax ID.

Why fix something that's not broken?

Are you sure I was being told that tax ID and SSN cannot exist at the same time. Can you guide me towards the source of your conclusion. We need to change her name for tax purposes in India to avoid double taxation. Our tax attorney in India have read the DTAA (double taxation) rules and recommended is this. Personally I am not for going through the paper work but if I am going to be taxed 2 the pain is worth it. What I wanted to know was the order in which to do things. Like first passport then.... If anybody has any recommendation please share it.

[imdeng]

My impression was that you need to officially ask for the two numbers to be combined - the taxID (ITIN number?) is then destroyed and SSN is assigned as the follower to that number. Otherwise IRS has no way to link your past tax filings with your future ones.


Dru - My understanding is that taxID and SSN are not same and one can have both at the same time. So we never bothered to return my wife's tax ID.

Why fix something that's not broken?

[qesehmk]

I do remember replacing her tax ID with SSN by notifying IRS about it. However what I am saying is that we never bothered to cancel Tax ID with IRS. I thought that was unnecessary. I personally never bothered about it - nor do I think today it is important enough to spend any time on it. So sorry .. I don't have any source to back it up.

Are you sure I was being told that tax ID and SSN cannot exist at the same time. Can you guide me towards the source of your conclusion. We need to change her name for tax purposes in India to avoid double taxation. Our tax attorney in India have read the DTAA (double taxation) rules and recommended is this. Personally I am not for going through the paper work but if I am going to be taxed 2 the pain is worth it. What I wanted to know was the order in which to do things. Like first passport then.... If anybody has any recommendation please share it.

[imdeng]

Why should changing of name have any effect on taxation? If the issue is Marital Status - then as long as you have proof of marriage, the last name being different should not make any difference.

On a personal note - I find the practice of wife surrendering her name to take up the husband's name to be a little unbalanced considering that the husband is not considering any such change.

Are you sure I was being told that tax ID and SSN cannot exist at the same time. Can you guide me towards the source of your conclusion. We need to change her name for tax purposes in India to avoid double taxation. Our tax attorney in India have read the DTAA (double taxation) rules and recommended is this. Personally I am not for going through the paper work but if I am going to be taxed 2 the pain is worth it. What I wanted to know was the order in which to do things. Like first passport then.... If anybody has any recommendation please share it.

[druvraj]

Why should changing of name have any effect on taxation? If the issue is Marital Status - then as long as you have proof of marriage, the last name being different should not make any difference.

On a personal note - I find the practice of wife surrendering her name to take up the husband's name to be a little unbalanced considering that the husband is not considering any such change.

My wife's Family has decent enough property in India. According to the NRI law as designed and written by RBI with name change we can avoid double taxation. Please bear in mind this is a very simplistic explanation. If you need any further information let me know and I can try to share information in the best possible way.

imdeng we are married for 7 years and so far since we had no real reason to change her last name. But now if I am going to save some money especially tax money I would do it just because this is the money our children can use for their future studies or for just about anything. Lastly I have no real passion to run from one govt office to another.

Q thanks for letting me know that TaxID does not need to be canceled just linked. Did you take an appointment with a local IRS?

[TeddyKoochu]

Guys just my own individual first hand experience on this. Yes once an individual gets SSN that is the one to be used for TAX purposes the Tax id should be surrendered.

My dear wife called the IRS hotline, the process is that you write a covering letter mentioning that you now have a SSN following is required a) Original ITIN b) Copy of SSN and c) Copy of spouse SSN (On H4 you cannot file returns individually) to link previous returns.

You can either send this over to the IRS office in Austin or visit your nearest IRS office where they take away the original ITIN for cancellation and give a copy for your records along with a copy of your SSN.

Now one more interesting thing is do it early before the tax season else the electronic filing gets rejected, the records merge is all manual. Typically most online filing matches the jointly filed return by SSN to the previous year’s adjusted gross income or your password which is also associated with the ITIN, if there is no record it gets rejected and then you have to file a paper return.

Also have your spouse’s share the SSN with banks and financial institutions wherever they have accounts / cards; they report this information to the credit bureau’s who merge the records automatically.

[imdeng]

Dhruv - my apologies - I was not referring to your specific case - I was talking about the practice in general. I should have been clearer.

You should do all you can to save tax money. The law is stupid of course - if it can be moved around with just by a change of last name.


My wife's Family has decent enough property in India. According to the NRI law as designed and written by RBI with name change we can avoid double taxation. Please bear in mind this is a very simplistic explanation. If you need any further information let me know and I can try to share information in the best possible way.

imdeng we are married for 7 years and so far since we had no real reason to change her last name. But now if I am going to save some money especially tax money I would do it just because this is the money our children can use for their future studies or for just about anything. Lastly I have no real passion to run from one govt office to another.

Q thanks for letting me know that TaxID does not need to be canceled just linked. Did you take an appointment with a local IRS?

[druvraj]

Dhruv - my apologies - I was not referring to your specific case - I was talking about the practice in general. I should have been clearer.

You should do all you can to save tax money. The law is stupid of course - if it can be moved around with just by a change of last name.

Imdeng no need for apologies. I guess we were having a argument in the right spirit. So long as we are having that We all will benefit.

[druvraj]

Thanks Teddy I will do it asap. We applied for her SSN before Govt shutdown and when we went back they said immigration office have not updated their servers yet with your data. Hence we cannot issue you a number. We need to verify your LPR status. Fortunately I got my SSN with work authorization removed but not hers. One more trip to SSN office beacons before I head to IRS.

[ESPERANDOGC]

Guys...
Unsure if I had to start a new Thread; instead using this discussion - apologize for the inconvenience.

I have a situation; I received my GC last month; and now I am planning onto move from work Location US State X to work Location US State Y "within the SAME COMPANY".

In this regard when I approached my HR - she is advising me not to move for the next 6 months, but my Attorney confirmed that by filing AR-11 I should be good - upon move.

As per my knowledge there is no such restriction to re-locate within the same company; except to the fact that changing/switching companies in the first 6months of GC is not recommended.

Can anyone please Advice?

[imdeng]

I see no reason to be concerned. Post-GC moving within the same company, presumably for the same job - just a location change should not be an issue at all.

Guys...
Unsure if I had to start a new Thread; instead using this discussion - apologize for the inconvenience.

I have a situation; I received my GC last month; and now I am planning onto move from work Location US State X to work Location US State Y "within the SAME COMPANY".

In this regard when I approached my HR - she is advising me not to move for the next 6 months, but my Attorney confirmed that by filing AR-11 I should be good - upon move.

As per my knowledge there is no such restriction to re-locate within the same company; except to the fact that changing/switching companies in the first 6months of GC is not recommended.

Can anyone please Advice?

[everydayout]

Guys,

After GC, do I still need to preserve all the old l1/h1 related docs. Can I shred them?

[qesehmk]

Personally I like to keep everything .. just in case there is any future inquiry. Just in case you shred them - you can always retrieve documents issued by USCIS from USCIS under FOIA with a fees.
Guys,

After GC, do I still need to preserve all the old l1/h1 related docs. Can I shred them?

[Kanmani]

Personally I like to keep everything .. just in case there is any future inquiry. Just in case you shred them - you can always retrieve documents issued by USCIS from USCIS under FOIA with a fees.

Q, There is no fees for FOIA requests. Do you know how long the USCIS keep our files active ?

[qesehmk]

Kanmani - I think they keep it forever.

As per Fees - actually there is fees. For each FOIA request any govt agency estimates effort and if the effort is less than 25 dollars then they don't charge you. If it is more then they tell you how much it will cost and then if you agree then they will complete the request. But since most requests involving retrieval of a single record are simple, it doesn't cost anything for most people.



Q, There is no fees for FOIA requests. Do you know how long the USCIS keep our files active ?

[Kanmani]

Kanmani - I think they keep it forever.

As per Fees - actually there is fees. For each FOIA request any govt agency estimates effort and if the effort is less than 25 dollars then they don't charge you. If it is more then they tell you how much it will cost and then if you agree then they will complete the request. But since most requests involving retrieval of a single record are simple, it doesn't cost anything for most people.

Thank you for the information Q.

[ChampU]

My GreenCard was approved on 10/08/2013. I received the card in mail on 10/15.

Yesterday, I received another card. Everything else (A#, Name, DoB, Resident since (10/08) date etc) is the same except for the card expiry dates.

Which one of the two cards should I keep?Any ideas what my next steps should be? Should I contact USCIS?

I have already used the GC issued in October to renew my DL.

[gc0907]

Wow two times Diwali in a year....
I don't see a reason to worry since the approval date is same but you can contact USCIS to get clarification.


My GreenCard was approved on 10/08/2013. I received the card in mail on 10/15.

Yesterday, I received another card. Everything else (A#, Name, DoB, Resident since (10/08) date etc) is the same except for the card expiry dates.

Which one of the two cards should I keep?Any ideas what my next steps should be? Should I contact USCIS?

I have already used the GC issued in October to renew my DL.

[ramaka02]

Hi Folks:
Since things/laws might have changed since the thread was started, could someone please summarize what needs to be done post GC approval? Also, sorry if it has been answered before, but I have been with my employer since 2008, do I still have to stick with him for 1 more year post GC approval or am I free to switch employers anytime now without hampering my chances of citizenship in the future?

Thank you!

[ramaka02]

Thanks Sports!

[PD2008AUG25]

I think these are the things I would do:

1. Get it stamped in the passport so you are free to travel as you wish.
2. Fill in a new I9 with the employer informing the change of status.
3. Possibly get the social security card changed if it says something like "work with DHS approval".
4. renew drivers license as applicable.

Also, if you have filed I485 180 days or more in the past, my take is that there is no risk to seek greener pastures.

I thought #1 is only needed if you haven't received your Card and need to travel. Can someone chime in?

[Kanmani]

I may be wrong, but I thought that getting it stamped on the passport has the advantage that you don't need to carry 2 things with you (passport and GC). Anyone?

Sportsfan,

Are you referring to the I-551 immigrant visa stamp on the passport? If so, it serves as temporary until the PR card is issued, I am not sure why do we need one in the passport. Moreover I don't think we could get I, once the GC card is already in hand.

I am again not sure, but they may stamp one, in an emergency travel situation, if the physical card is lost and having short of time to replace one.

[venkat]

You are 100% right Kanmani... i-551 is for temporary purposes only where delay is expected in receiving physical cards and travel is anticipated while waiting for cards to arrive.


Sportsfan,

Are you referring to the I-551 immigrant visa stamp on the passport? If so, it serves as temporary until the PR card is issued, I am not sure why do we need one in the passport. Moreover I don't think we could get I, once the GC card is already in hand.

I am again not sure, but they may stamp one, in an emergency travel situation, if the physical card is lost and having short of time to replace one.