View Full Version : After I485 approval
01-11-2002, 11:55 PM
Once I485 is approved and passport is stamped, can the employer revoke the I-485? for change of employer or for any other reasons? Should the person continue to stay with the same employer ?
01-12-2002, 01:43 PM
Not legal Advice:
Once your passport is stamped it's over. You are a permenant resident at that point.
You cannot lose your greencard unless the INS can prove you got it through misrepresentation (fraud) on your part. Your employer can fire you or lay you off (subject to applicable laws in the state where you reside) but they can't withdraw the I-485 since it has been adjudicated and you have your GC.
If you quit immediately after you get your passport stamped they could complain to the INS that you did not intend to work for them permanently and thus got your GC by Fraud. However if you worked for them for at least six(6) months after your 485 was filed then, thaks to the AC 21 180 day law, the INS is unlikely to do very much about it.
Techinicaly though there is no magic number of days you have to stay with the sponsoring employer after you get your GC. Legaly you have to have been "intending" to stay in a permanent capacity during the time leading yup to your passport stamping.
If you quit the day after your passport got stamped the INS could make the case that you were not intending to stay permanently while in the process of getting GC and deport you due to fraud.
However the longer you stay with your employer after the stamping the more difficult it becomes to make that case. Most people say 6 months is OK but one year is safer.
After a year it would be very difficult to make the case that you had no intention to work for your employer and from what I understand they almost never try to at that point.