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interpretation of the 6 month rule????

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  • interpretation of the 6 month rule????

    The rule says that one should continue working with the same employer through which the GC was processed for at least 6 months after receiving the GC. When does this count of 6 months start? 6 months from passport stamping at the consulate (for CP) or 6 months from getting the plastic card?

  • #2
    Not legal advise:

    As much as I researched, after you get GC, you need to work for the same employer for UNSPECIFIED amount of time. You show letter of employment verification and take an oath to show INTENT to work for your sponsor.
    While there is some unwritten rule, that staying 6 months should be fine (1 year would be even better), personal circumstance may work in your favor: Specifically, high turnover high-tech industry, were employees may normally change jobs every 2-3 years AND a GC holder had to wait much longer to get the d### thing. If you get a significantly better pay in your new position, then you might be fine too.

    If you are to be laid-off then you cannot be held accountable and you will be fine even if less than 6 months.

    If you leave early, the dangers are:
    1. Your company may contact INS and the latter will revoke your GC and deport you, saying you commited fraud and had no intent to continue working for that employer. You will have to prove that circumstances have changed and that you had every intention to stay with that company at the time of the oath.

    2. When you file for citizenship, you will disclose your recent employers. INS may do the same then (!).

    If you stay long enough, some say 6 some say 12 months, INS will have to prove you had no intention to stick with your oath, and therefore they'll do nothing. Otherwise, YOU may have to prove that you did not commit fraud and be on the defensive, possibly years after getting the GC.

    All of this may or may not change, inlight of recent laws, leaving right after GC (AOS approved or passport stamped at Point of Entry) is not a safe bet today.

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