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Immigration Issues/David, I am kind of confussed:...



I am kind of confussed: according to Act 21, one is legally to change job after his/her I-485 has been filed to USCIS for over 180 days. But why the same person can't change job after he/she gets the Green Card?


Followup To
Question -

I have been working with my current employer since 1999, and received my Green Card on 11/26/2004 which is sponsored by it also. However, within the last four years, we never got pay increase and even got two times of pay cut (totally about 16%), now I plan to leave and one company may offer me a job starting from early Febrary 2005.

My question is: if I leave my current company on Febrary 2005, by then my Green Card has been only approved for 2 months. Do you see any problem about it, since I heard from somebody that USCIS may question that I have no long term intent to work for the Green Card sponsor company, and may cause me some problem. Could you please give me some advisory, considering my company's continuously wage cutoff?

Look forward to hearing from you!

Thank you very much!

Bill Yuan
Answer -
Your current green card is based on a labor certification filed in your behalf by your employer.  Leaving your employer will of course raise red flags, particularly so soon after receiving your temporary permanent residence.
It seems there is more to this.  You infer that you have had problems for over 4 years with your employer, but now that you have your green card you seek employment elsewhere.

I would advise you to go to your local CIS office and explain the circumstances.  It might result in your new employer being required to file a labor cert for you...versus your case being refered to ICE, which is our criminal investigations unit.

I can only go by the information you provided.  You elude that your permanent residency is based upon your employer.
You are now switching employers now that you have a green card.
A similar situation develops when one gets married in the US to a citizen, gets a green card, then bails out of the marriage.  You lose your status.

Again, go to your local CIS office since they will have ready access to the particulars of your case, which I do not.

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Immigration Law enforcement Border Patrol


30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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