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After GC person is free??

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  • After GC person is free??

    I thought when a person gets GC, its over and person is free to do anything like any kind of job or start a business or something but after reading posts it seems like person has to continue work in IT (if not for the employer who sponsor) until citizenship. Is that true or I assumed wrong???

  • #2
    After GC person is free??

    Not Legal Advice:

    At a minimum you must report to work for your sponsoring employer. If you want you are free to quit your job that day. No one can stop you.

    But.....

    Your GC was granted on the assumption that you INTEDED (when you applied for it) to work for your sponser permanently AFTER the GC was granted to you.

    This issue generally comes up when you disclose your employment history during a citizenship application.

    If you leave your employer the day after you get the GC the INS may charge you with fraud and revoke it. In other words they could use that fact to establish that you were not intending to work for your sponsor permanently when you applied (and therefore obtained your GC fraudulantly).

    Obviously the longer you stay with your employer after you get the GC the more difficult it is to make that charge stick. After a couple of months they may question the fact that you left. After a year they probably wont care.

    Obviously again if you are laid off you have no problem.

    If you leave very early on they may ask why and if your explanation makes sense (vastly better job offer, change in employment conditions you diddn't like, etc) you will proboably be OK. If not you could have a problem.

    Also if you leave early the employer could complain to the INS about it. So if you get a vastly better job offer before ,say, 1 year is up you may want to give them a chance to make a counter offer.

    You could also consult an attorney to cover all your bases.

    Comment


    • #3
      Apparently all these arguments seems feasible in theory only. In the last 7 years I have been here is the US I am yet to see a GC being revoked because someone quit the employer.

      Most definitly I would say use common sense and prudent judgment but at the same time don't be paranoid.

      Most definitly leaving with a short period maybe difficult to justify that you did not have intensions of quitting and wasn't lying under oath..... but do they care? do they question? most definitly if you do some crap and break the law there are number of these clauses under which you can easily been booked.

      So its a matter of one's personal comfort & risk tolerence.

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      • #4
        Can I quit the job Ifmy company pay lesssalary than promis

        Hi friends,

        My sponsered company is paying just 38K per annum ..but they promised me while processing my greencard is 81K / annum...So Can I quit the job and join another company ...please advice me...

        Comment


        • #5
          Not necessarily

          If your employer doesn't pay the salary specified in the LC, they commit fraud and you can report them to the department of labor. You may be eligible for back pay.
          This is per se not a reason to quit the employer. In fact, if you knew in advance that this was going to happen, you may have committed fraud as well.
          In any case, before doing anything, you should seek the advice of a good immigration and good labor lawyer.

          Comment


          • #6
            Quick pick-up of GC/stamp allowed?

            I received my immigrant visa a while ago, and am planning to enter the US next week. Problem is, I am still studying until June next year, which means I cannot take up residency before then. Local consulate suggested I visit US, even if its just 3 days, so that I can get the stamp in my passport. My question is: is this going to cause any problems for me the POE? Should I take along my university letter stating I will complete my graduate studies end of May? Has anyone had a similar experience? And, what actually happens at the POE when you arrive the first time? What type of questions do they ask? I am really nervous about this, and would greatly appreciate any advice as soon as possible - I am leaving on 2 December...

            Thank in advance!!

            Comment

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