I've question about GC and un-employment.
CAn one remain unemployed after GC and are there guidelines @time ?
CAn one travel outside US and come back to US on GC and no job in hand ?
Thanks
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I've question about GC and un-employment.
CAn one remain unemployed after GC and are there guidelines @time ?
CAn one travel outside US and come back to US on GC and no job in hand ?
Thanks
In my understanding, there are no guidelines.Quote:
Originally Posted by codesmith
But i think someone can loose a job when s/he has pending AOS. i have read articles on even eligibility of Unemployment benefits. the only problem i see is what if one receives a RFE on employment verification and asked to prove continuing employment when your application is being processed and s/he is still unemployed.
I think if one finds another job before that and files AC21, it should not be a problem.
let s see what others say..
forgot to answer your 2nd question..Quote:
Originally Posted by codesmith
i don't think it is requirement to have a job in hand to travel in and out of country if you have AP... one should definitely use AP to travel abroad and come back.
I am not sure if an officer can ask you a question on your employment if you are using AP... i have not traveled on AP,
DO NOT USE H1b if one is unemployed, his/her h1 is not valid..
Q1) Yes one can remain unemployed after getting GC approved. But bear in mind if you are claiming unemployment after GC and you are to sponsor family or parents for GC after getting citizenship, there might be some scrutiny on sponsorship.
Q2) Yes after approved GC , one should be able to travel outside and come back with out a job. Once you are a Permanent resident there are no restrictions whatsoever. However , bear in mind ,in the recent years US policy toward people that live outside for longer periods of time on GC and coming in to USA for short sprints has been in question. But once you take citizenship , no restrictions in USA for travels.
Quote:
Originally Posted by codesmith
Thanks Eb2_ and JackBrown for your response.
As far as travelling on GC and staying out of US, what's the acceptable window ?
I've read that if you stay for too long time let's say 4 months officer at port of entry may ask you for justification ..
is there any specific time period ?
Others have already responded but I will add my 2 cents anyway ..
Post GC there is no explicit work requirement whatsoever - especially when you were already working in US. If you received your GC through CP, probably there will be some expectation.
Travel anytime is allowed as long as maintain US as your permanent residence (i.e. 180 days or more in a year you are in US). Also if you are unemployed you can collect unemployment checks on GC. On a side note - You can also vote for local councils.
Quote:
Originally Posted by codesmith
Hey All Gurus
Not sure if this question is in the appropriate section.
After getting green card - is there a minimum time that employee needs to work with sponsored employer? Received EAD in Mar 2012 - have been working with Employer on EAD since March 2013. Its been over 6 mons, received green card this week. Can i work for any employer right away? please advice.
thanks as always
Hi, Congratulations on your GC. From general standpoint yes. You are free to change your jobs as you like once you have your GC. However some employers have you sign a document/contract when they start your GC processing (mine did and had a clause that says I will stay atleast two years after receiving the greencard). Is it legally binding ... theoritically yes (especially if it's a big company). However it's rarely enforcable. You can state a number reasons for wanting to leave your current position and leave without any issues. I have seen many of my senior colleagues leave after GC though they have signed similar contract. Good Luck.
Quote:
Originally Posted by SeekingGC2013
Thanks for the reply
I dont have any such binding contract - however im not sure if i can move to another employer right away after getting GC. is that possible?
do i need 6 paystubs just to be safe for citizenship?
Quote:
Originally Posted by infoseek
Check this thread out. http://www.qesehmk.org/forums/showth...-Card-Approval
I've merged this thread to another that touched on the same subject.
I dont have any such binding contract - however im not sure if i can move to another employer right away after getting GC. is that possible?
it is possible, however even though the risk of GC audit is negligible or if you apply for citizenship at 5 years, and if at all they ask about reason of leaving right away ( again chances are very low) you should be able to explain that you have to leave for particular reason event though when you applied you had intention to work indefinitely
do i need 6 paystubs just to be safe for citizenship?
no
Q, experts,
I've been a silent observer of this forum for a while, and I'd like to thank you for your analyses, and for the incredible community and support I've seen in here.
I have a question, and would be very grateful for your insight. I finally received my green card at the start of August 2013. I've worked in circuit design with the same employer for over 8 years, and I'd like to start my own business (restaurant) soon. Will a career change like this raise red flags during my citizenship interview if I transition full-time to restaurant management a year after receiving my green card (i.e., in August 2014)? My work environment recently got extremely toxic due to a change in upper management, and I have no desire to stay beyond a year after getting my green card.
I've seen all kinds of responses as to the impact of such a career change (from Ron Gotcher's this-is-absolutely-not-OK to Khanna's you-shouldn't-have-a-problem) online, and would love to hear your thoughts.
calgal - if anything starting a business should be and would be seen extremely favorably. So quit when you want to. Don't even wait one year.
However strictly from risk and financial and personal involvement perspective - restaurant is probably one of the worst businesses you can enter into. So I hope you know what you are doing.
p.s. - I had read a story about somebody just like you in newspaper about a few months back. Good luck whether you are the same person or not.
pps - On another note - when I quit my last job, I was conflicted whether I should continue and collect salary until they fire me and then also collect severance or simply quit. I don't have any strong moral inclinations one way or other because the employers generally are quite immoral too and they always screw your bonus up besides paying you 100% less than equivalent roles. So no point in showing ethics from your side. However I quit simply because I knew I couldn't have focused on my personal ventures if I were drawing salary somewhere else. All the best to you in whatever you choose do.
Quote:
Originally Posted by Calgal
Thanks Q! You've taken a giant load off my mind :) I thought that we are bound to our industry for at least 3-5 years post-GC approval; I'm very glad to know that this is not the case.
I actually plan to sell at farmers' markets, and use that as a stepping stone to sell at Whole Foods and other health-food stores. I used starting a restaurant as an example. Thank you for the guidance about when to quit - I was going to wait till my business was consistently profitable for 3 months and then leave. It's going to be quite a bit of work and I can't imagine being successful in my own venture while working long hours in a toxic environment. Part of me wanted to wait till they fired me, but they're a large company and it's very hard to get fired there.
Do you have any advice on health insurance plans that are good for self-employed people?
Thank you for the well wishes and advice! This is such a wonderful forum, and I'm glad to be a part of it.
Quote:
Originally Posted by qesehmk
Quote:
Originally Posted by qesehmk
I did speak with my immigration attorney and he told me that if audit did happen then having 6 months of employment with ur sponsoring employer raises no questions. That said if you have a valid reason to leave then it can be fine too. But as I am concerned I have started documenting all this now so that I do not forget the current conditions. 5 yrs from now I will not remember anything.
Thanks Druvraj! Are you changing career paths as well?Quote:
Originally Posted by druvraj
Calgal you are welcome. I bought GoldenRule based on advice of two of my entrepreneur friends. So far so good. But with Obamacare - you are going to have many more options.
p.s. - I already received a letter from GoldenRule indicating they might reduce the rates.
Quote:
Originally Posted by Calgal
Quote:
Originally Posted by qesehmk
Thank you, Q!
6 months is approx. time but the chances of revocation will become smaller the longer we stay. I think beyond 60 days (my personal opinion) is good enough and also I don't know a single case of audit and revocation ever.Quote:
Originally Posted by druvraj
The only case where there is CP and the person did not ever work with sponsoring employer is when the problem came
dru - mine is just an opinion and so is the attorney's. However attorney's opinion generally should qualify more than ours!! So take mine for what it is worth.
I think that "not guilty until proven otherwise" applies here too. So one can quit his/her current job on day 1 AFTER receiving GC. But for USCIS to prove that there is fraud here, they must prove that the applicant intended to do that prior to GC approval. That is a very tall order.
Secondly the applicant can easily sight AC21 and the judge will most likely throw away the USCIS reversal. Because the judge will say if the applicant could change jobs prior to approval then why not AFTER approval? Again ... this too is my "opinion". So take it only you find it worthwhile.
Quote:
Originally Posted by druvraj
I might "get laid off" or "fired" in coming weeks, either way I have intent of staying and employer will have no job. think about it.
Indiani,Quote:
Originally Posted by indiani
I asked my attorney that look if the employer goes under or does not want to fire you but because of situations during late 2008 (financial crisis) what happens. His answers was in the intent. Asked me to document, keep the related docs and forget. This 6 months rule is for safe net if anyone wants it.
my message is exactly the same however there is no 6 month safe period. how is 5 months not safer than 6 months? The point which Rajiv khanna made was good, longer the easier to show intent to stay. But lets say you never give a letter of resignation then does it matter whether its 1 week or 1 month post-GC. The answer is NO.Quote:
Originally Posted by druvraj
If you give resignation letter within days then think about a good reason ( higher pay and "job sucks" are not good reasons to leave)
Guys the logic forthe 6 month axiom that lawyers say is that if you can change employers after 6 months of 485 filing you are absolutely safe with changing employers post GC thanks to the AC21 law.Quote:
Originally Posted by indiani
Changing jobs immediately after GC or not joining sponsoring employer maybe something that can cause red flags. What we can do however is make the employer file a revised I9 after GC this officially records that you are working with the GC employer.
Higher salary is one part of material change in circumstances that can be easily proven I think this is where I would differ. Longer duration definitely helps, what also helps if the next job commands higher salary or is at a senior designation than the previous one. Most people would normally stay in a similar field or even if they are starting something of their own fulltime it would likely be in a similar field. Unfortunatley its hard to prove the work environment part its definitely a factor for many.
The only individual who could potentially ask for revocation of greencaed is the sposoring employer if they are ok its all well only other agency would be USCIS but that would be in case of fraud or some kind of investigation on the sponsoring employer, even in such cases approved cases are typically considered as grand fathered.
Personally I changed jobs after 7 months of GC once I received all reimbursements from my sponsoring employer for 485 filing, salary was significantly higher and work environment at my sponsoring employer's client was so bad that probably anything would have been better. My sponsoring employer was ok at the time of leaving and in fact said thank you and we are still on good terms.
Teddy while I agree that moving to a senior position with higher pay might be a good reason but if someone leaves sponsoring employer within days for a "higher salary" job which is almost the same in case of audit that might not be the best defense ( however in the setting of AC21, if someone already worked for employer 180 days post 485 filing it will be extremely difficult to revoke ).Quote:
Originally Posted by TeddyKoochu
The only agency that ever can revoke is USCIS. employer or any one else can only "report" ( but not revoke) if there is "fraud" involved and employers wont usually risk as it could bite them also as employees can come up with reasons against employers for not staying.
I don't think "grand-fathering" is before 5 years , only after 5 years USCIS cannot revoke, they can only deport if there is a deportable offense.
The only area I never understood properly is I-9. what if we never update the I-9? many people I know have never updated and I am not aware of any negative consequences to employees as long as we are authorized to work.( I think in case of ICE audits, only if they find people who not authorized to work, then they might fine/ prosecute employer). But I understand the essence of updating when the visa status is changed/ extended.