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Santosh1985     10/20/2019 23:10 PM
 


I got my employment based green card in hand 2 weeks ago and now employer is gonna layoff some employees including me. I am not a favorite one any more because i got in arguments with my boss on some strategies and he started disliking me. May be they will terminate me, if not for sure they gonna lay me off. I am very scared now as i heard i have work at least 6 months for the same employer after getting the green card otherwise uscis will give me a tough time at the time of naturalization.

In case they fire or lay me off, i can join another company with same job description of mine in same industry but pay is little bit less compare what i am currently taking but may be get better after 6 months of probatin.

Please help what should i do to be on safe side at time of naturalization.

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sunlite     10/20/2019 23:46 PM
 


Actually you're lucky! The 6 months rule is best to be followed when you want to voluntarily leave your job. If you are laid off, you just need to keep documentation and that's enough to show that you did not breach your intent of working at that job. That's all you need. This means you can get a better job with higher pay without worrying about having left your GC job voluntarily too soon. The rule which is rarely applied, is that before 2 years after getting GC, if you leave your job, the burden of proof is on you to prove you had to leave (in your case you can easily show that you were laid off).. After two years if you leave, it's the government who has to prove you breached your intent of working for GC job. You don't need to work at the same title or job description. You are free! Congratulations!

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Santosh1985     10/21/2019 00:23 AM
 


Many many thanks dear. I am really very thankful to you. Can you please also give me your best recommendation in case they fire me. Once again many thanks.

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sunlite     10/21/2019 10:53 AM
 


Just keep the documents and emails where they state you are terminated. If you have any emails already, forward them to your personal email and take screenshots and keep them too.

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hope_     10/21/2019 09:51 AM
 


How you prove that they fire you here? A letter?

If I work before get the GC with my EAD, is it count? Or the 6 months is just after get the actually card?

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sunlite     10/21/2019 10:58 AM
 


No it doesn't. He already got GC and AFTER getting GC he is being terminated, it means he's free to do whatever he wanta to. Before getting GC, you need to keep your employment and follow AC21 if you are terminated or decide to change jobs.

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EADSRC     10/21/2019 10:25 AM
 


I would be very careful to the advise "sunlite" is providing. There is no rule that you have to stay with your current job for 2 years after receiving green card. As long as you do within legal rights, you can switch as many jobs or stay at home after receiving your green card.

The 6 month rule is not after you receive your EAD but from the day your i140 got approved. If you quit your job before the 6month period then your employer who sponsored you could redact the application. After 6 months from the day your i140 got approved then you are "safe". Just have your AC21 letter from new employer filed and get ready for a possible RFE regarding your past and current jobs. I believe that's the i485J supplement document.

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fridothecat     10/21/2019 12:58 PM
 


I agree. I am in a situation where I was offered a new job, but I dont want to change jobs until my GC arrives. (my interview was august- during retrogression).

I have talked to my attorney many times, and all she said is: if you change job now, you need to file the visa transfer (h1B and submit the suplement J for the GC case) other than that you are free to move, change jobs- as long as it is in the same field. After you receive your GC you can change jobs any time. You cna quit your job for that matter and spend the day at the beach. There is no 2 years rule.
Only -140 (6 months) like EADSRC mentioned above, which, for me, happened a long time ago...

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hope_     10/21/2019 13:39 PM
 


got it! I thought the 6 months should be after the GC, not after the I140 Approval.

Thank you, guys!

Having faith that our final answer will come soon. :)

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danielcisco     10/21/2019 14:53 PM
 


Is it really after 6 months of your I-140 approval ? As I am waiting for my GC now to be approved so I can start a new role. Same company same industry everything (same salary). However the job title would change. My lawyers said they recommend staying for additional 6 months before changing role.

However back to the original question here. From my understanding. If your employment is terminated by the employer. The government needs to prove the illegitimacy of your AoS vs you leaving out of choice you need to show that you had a legitimate work opportunity as filed with 9089 labor certification and I-140.

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