CAN I QUIT!!!

[kumar]

Hi Guys,
I got my GC stamped in my passport on July-18-2001. Can i resign from my present employment? Can the present employer as the authority to cancel my GC. How long should i have to be with present employer? If i get my plastic card can i leave? Is there any time limit? I really don't know how this works? Can you please someone help me? Thanks in advance.

regards
Kumar

[abu lafya]

Did you make any effort to search the answer for your self? I think this issue is well documented in several places.

Can i resign from my present employment? yes.
Can the present employer as the authority to cancel my GC? no. But they can alert INS to do that.
How long should i have to be with presentemployer? you must show you had intention to work for your sponsor at time of CP, POE.
If i get my plastic card can i leave? not related. yes.
Is there any time limit? no, but time helps your case.
I really don't know how this works? the question is?
Can you please someone help me? the question is?

Thanks in advance.

[innovat]

CAN I QUIT!!!

I have a question based on one of the thread which states as;
"Can the present employer as the authority to cancel my GC? no. But they can alert INS to do that."

So, I'd like to know what action would INS take ?

& What should the employer state if they have to take an serious action ?

Thanks

[abu lafya]

This is closely tied to:
How long should i have to be with presentemployer? you must show you had intention to work for your sponsor at time of CP, POE.

If you quit too soon, your employer can tell INS you violated your commitment to work for him. Unless you have good reason (e.g. exact job described and promissed in I-140 is no longer available), INS can use this to claim you never had intention to work for your sponsor and therefore you committed fraud. If INS will be successful, then you can be deported.
Similar scenarion can happen when you fill out I-9 with your new employer or when you file for citizenship.

On the flip side, I know many that did quit and nothing happened to them until now.
If you feel it is time to move on, best approach is to stay at least a few months, or until you have good reason and then quit.

[JoeF]

The whole idea of an employment-based GC is that you have to have the good faith intention to work for the sponsoring employer. If you quit too soon, and the employer complains to INS, they may start investigating. The burden of proof is on you in the first two years after getting the GC. That means you have to show your good faith intentions to work for the sponsoring employer and have to make a convincing case that something that came up *after* getting the GC forced you to change employers.
This of course is hard to do, somewhat like trying to nail Jello to a wall.
Most lawyers say that it is pretty safe after 1/2 year, although some lawyers say 1 year and I have even heard that some recommend staying for 2 years with the sponsoring employer.
In any case, if you decide to change jobs, you should document everything you did so that it can be supporting evidence for your compliance with the law.

-JoeF

[mumbaiwalla]

Dilemma!!!

I agree with Joef that the whole idea of an employment-based GC is that you have to have the good faith intention to work for the sponsoring employer.

But, what if the client wants to hire in the contractor and has agreed to pay the contracting company (who filed the GC) a fixed amt. to release the contractor.

Is it okay under the above circumstances to leave the employer?

[mimo123]

Re: Dilemma!!!

I am in the same situation here,

I already left my company (which sponsored my GC ) to work for the client which I've been working for as a contractor for 6 month.

Before leaving, I insisted to have a letter from my company certifying that I've been working for this client as a contractor for 6 month, and they are permitting the client to hire me as a permanent employee.

My Lawyer is the one who suggested this solution.
After I got the letter, I faxed it to my lawyer to keep it in my file.

I moved in less than a month after My passport was stamped.

Good luck to you.

[mumbaiwalla]

Thanks Mimo

Thanks Mimo for your reply. If its not too much of trouble, could you post the sample letter here.

Thanks,

Mumbaiwalla