Changing companies 30 days after I-485 based on risk of downsizing

[tcklim]

Hello All,

My GC was approved in early January. I was on an L1, have been working with the company (combined with overseas) for 11 years or so. The second week I got back, we received an e-mail from the President that we had lost an account worth double our annual profit from the previous year. This was accompanied with a vague statement about looking into what this new reality means for the business and how to respond. He also encouraged employees to discuss their anxieties, ask questions and talk about it. Everyone naturally assumes, we will need to cut costs accordingly and we have been through 2 re-organizations in the past to get us to profitability (layoffs).

So my question is - given the above - is it reasonable for me to switch employers without waiting the regularly advised 60 days? I've been approached by a recruiter for a position with the same title, that pays substantially more, but they want me to start asap (within 2 weeks). That puts me just over 30 days since I received my GC.

My direct boss hasn't told me my job is at risk - the only thing I have is that e-mail above.

Thoughts?

[BluePanther]

So my question is - given the above - is it reasonable for me to switch employers without waiting the regularly advised 60 days? I've been approached by a recruiter for a position with the same title, that pays substantially more, but they want me to start asap (within 2 weeks). That puts me just over 30 days since I received my GC.

My direct boss hasn't told me my job is at risk - the only thing I have is that e-mail above.

Thoughts?

This publication may help:

https://immigrationanswerman.com/2012/08/07/after-receiving-an-employment-based-green-card-how-long-before-i-can-look-for-a-new-job/

I think it is always risky to leave shortly after getting a green card, but you do seem to have a valid reason for concern and it does not imply that you would have made the same job change if the company did not face the risk of downsizing the workforce.

If I were you I would consult a reputable immigration lawyer and seek advice prior to making a decision. Typically companies do not lay off employees for which they just sponsored a green card, but I guess it depends how big the downsizing activity is.

Also you can take into consideration that the job market is very favorable for employees at the moment, so you may find equally good opportunities if you do face a lay off in the future. Also the potential lay off will come with a severance package which is likely a decent size if you are with the company 11 years including your overseas time.

Good luck with your considerations and decision!