Post GC employment issue

[stl1859]

Hi Folks, I am narrating my situation below; would like to know what the experts over here have to say about it.

I got my PR status on May 5 2002. Prior to that I had been working for my employer on H1 Visa for five and half years. Towards the end of June my assignment at my current client ended. Now my employers are trying to force me to go back to India and work there or resign there. They wouldn't terminate me here [due to lack of assignment] . I do not want to resign because it was not idea to begin with, and if they terminate me I can avail unemployment insurance which I believe i cannot if I resign. I have no intention of going back, because with my PR status, I ultimately want to live here and I am not sure if I go back, what chances I'll have of coming back within a reasonable timeframe. I am also not being paid while I am here without an assignment.

My question is, can my employers really do what they are trying to ? What agency should I contact to get help in this case?

Thanks a million in advance for all feedback

[ulearnulive]

SAme boat

WHAT PREVENTS YOU from switching to another employer now. With PR status you are free to move. I am in thesame situation:

1. are you afraid that your GC will be held invalid because you stamped it and then quitting the co after 3 months (lesser than the stipulated 6 months)

OR

2. YOu are not getting opportunitieswith other employers?

Please reply what is your exact concern. I too am doing research on this.

[ulearnulive]

Useful info...Tx

Proveides good insight. Tx

[jk8]

ulearnulive -> is 6 months the min amount of time

is 6 months the minimum amount of time one has to stick with the current employer.
I just had my CP intervied last month and am planning to change my job.

Thanks
JK

[JoeF]

Re: is 6 months the min amount of time

There is no fixed minimum time. It is all about *common sense*.
It you wait longer, it becomes less likely that anybody could accuse you of immigration fraud. There is never absolute security against that, but 6 months is a good rule of thumb.
Be aware that if you are actually accused of immigration fraud, the burden to disprove it is on you. Waiting some time before switching employers actually helps you in such a case, since you can argue that the fact that you stayed with the sponsoring employer for a considerable amount of time shows that you didn't commit fraud. This is what common sense is all about.

[Rehaan]

Re: Extremely URGENT!!!!

HI Joef

I got my GC approved on 21 of june from CSC.I got my passport stamp on 9th of july.I got good offer from another employer and i am almost done in switching my old employer.Is that o.k to leave my old employer.If at all he files a fraud case against me what should I do.Could you please let me know the possible solution.I really appreciate u r help.

Thanks

[JoeF]

Re: Extremely URGENT

Well, not knowing the exact circumstances, I can not give any specific advice.
Since I am not a lawyer, I can not give you any legal advice, anyway. For advice in a specific case, you really should ask a lawyer.
Having said that, the general advice is to apply common sense. How would it look to somebody unrelated to you or the employer? That's the guiding principle. If you can convince a neutral observer that at the time of becoming a PR you had the good faith intent to work for the sponsoring employer indefinitely, as required by the immigration law, then you would be fine.
If you can't do that, e.g., because you already were in negotiations with the other employer, or even posted your resume, e.g., on monster.com, before you became a PR, the sponsoring employer may have a case against you.
Again, it is all about common sense.