An INS officer on the change of employment!!

[rockstar123]

VERY IMPORTANT

To GCholders or 551 "stampers":

Based on the fact that one has to inform the INS if one decided to change the employer [in case of CP at least], I decided to call the INS office [1-800-375-5283]. After a long wait I ended up talking to an officer in New york about "what ifs on change of employment after 551 stamp". I infomed her my situation and told her that I had signed a document at the consulate regarding informing the local INS office if I decide to change the employment. This is what she has to say to my inquiries:

"INS has nothing to do with that and it is up to the employer and the employee. If the employee has not signed anything with the employer pertaining to the length of the contract applicable after the greencard, employee can simply walk away and find another job with out loosing his permanent residensy status. In the event one has to go back to a local INS office for the revalidation of the 551 stamp, INS does not ask or care about the proof of the employment with the employer."

[Mogambo]

Thanks Rockstar for taking this initiative. To hear it directly from the horse's mouth is a big relief.

[Sky Clipper]

Yes folks

This is so right that you do not need the INS Officer's words carved out in stone. The INS is not a governing body for this issue after you have been given the stamp 551.

However, if the Employer initiates a process, the INS will then look into this issue and wait upon the Employer to state that the intent of obtaining the GC was bad and that while the job existed, the employer couldn't offer the same to the employee as the employee resigned from showing up to work on the following day. If the Employer was to state that, then the intent of the job and the whole premise falls under a shadow of doubt and the INS may have to bring a hard stop to the Employee's Immigration.

This issue is similar to spouses marrying a US Citizen and getting a Green Card and then divorcing. The GC can be revoked if the spouse walks out within TWO YEARS.

Here, for Employment based Green Cards, the difference is that THERE IS NO STIPULATED TIME LIMIT TO STAY ON WITH THE PRIMARY JOB.

Rocky, my friend, you show great initiative!!

Sky Clipper

[rockstar123]

Sky,

We all know that there is no law/requirement on continuing the employment in post GC period. However I wanted to cover the legal aspect of that "document" one signs at the consulate during the IV interview.


I also visited the local INS office to inquire on this issue. Result.............still the same.

[hello2000]

forget it

Well, I do not think INS officer will issue you a written opinion about what they said. INS will not stand behind what their officer said if it is not written down.