Post Green Card Approval

[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/2...-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/2...-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/2...-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/2...-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?