steveh

I hope someone help me with information about a complex situation.

I am currently working in US with an H1-B visa and have applied for green card being employer sponsored EB1-3 Executive/Managerial. I140 is approved and am going thro CP as it was proposed as the fastest root to GC. I am currently waiting PKT3 from NVC and will be processed thro London.

My issue is how soon after CP and reentry to US can I change employers for a new job. The company is in financial problems and am just hanging on.

I understand that if I had filed I485 I could change employers 6 months after filing for another similar position, does this same portability apply to CP filings.

Hope someone has some experience or advise, thanks in advance.

Joachim Feise

steveh wrote:
    > I hope someone help me with information about a complex situation.
    > I am currently working in US with an H1-B visa and have applied for
    > green card being employer sponsored EB1-3 Executive/Managerial. I140
    > is approved and am going thro CP as it was proposed as the fastest
    > root to GC. I am currently waiting PKT3 from NVC and will be processed
    > thro London.
    > My issue is how soon after CP and reentry to US can I change employers
    > for a new job. The company is in financial problems and am just
    > hanging on.

At the time of becoming a PR, you have to have the good-faith intention to
work for the sponsoring employer "indefinitely". This basically means that
you are not allowed to have the intent to change jobs at that time.
There is no fixed timeframe. It is all about common sense: if you change
jobs soon after getting the GC, nobody is going to believe that you didn't
have that intention even before getting the GC.

    > I understand that if I had filed I485 I could change employers 6 months
    > after filing for another similar position, does this same portability
    > apply to CP filings.

No, this doesn't apply to CP. And the provisions you mention even apply only
while the I-485 is pending for over 6 months.

-Joe

Jk

"steveh" wrote ...
    > I ... am going thro CP as it was proposed as the fastest
    > root to GC.

What is CP?

Thanks,

-John

steveh

steveh

Joe,

thanks for the feedback. My only follow on question would be could I maintain GC status if my sponsoring company let me go soon after CP, as opposed to my leaving.

Steve

Thorsten

steveh wrote:
    > thanks for the feedback. My only follow on question would be could I
    > maintain GC status if my sponsoring company let me go soon after CP, as
    > opposed to my leaving.

Here are a couple of scenarios:

1. While your CG is pending, both you and the company have every reason
to believe that your job will still be there. _After_ completing CP and
entering the U.S., things start to go south for the company, so that it
has no choice but to lay you off (or perhaps suspend operations
altogether.) --> No Problem[*]

2. Things start to go south while your GC is still pending (i.e., before
you enter the U.S. with your brand new immigration visa.) The company
calls and says, "We really like you, Steve, so let's assume for
immigration purposes that your job is not in danger (wink, wink), but
don't really count on sticking around very long." You go along with
this. --> PROBLEM. You are committing immigration fraud.

3. The company couldn't be in better shape. They want you (and shelled
out big $ for your GC), but you are mostly interested in the GC. After
flying back to the U.S. on Sunday and becoming an LPR at the airport,
you walk into the office on Monday and announce, "Thanks for paying for
my GC, suckers, I'm outta here." --> PROBLEM. You committed immigration
fraud when you signed that paper at the consulate stating your
intentions of working for your sponsoring company. (It makes little
difference if you wait a week, a month or even several months before
making this announcement. Even if you don't say anything, but the INS
believes that this was your motivation, you're still in trouble.)

4. The company is in good shape, you're happy to be working for them.
After arriving in the U.S. (and becoming an LPR), you share a cab from
the airport with a stranger. The two of you talk and it turns out that
the stranger can offer you a job that's much better than your current
one. This is really the chance of a lifetime (you'd be making twice the
money, for cryin' out loud!), so the first thing you do on Monday is
thank your current company for sponsoring your CG, but you give your 2
weeks' notice anyway. --> No Problem[*] The asterisk is really
important, since essentially you carry the burden of proof here! But
legally, you haven't done anything wrong.

Bottom line: If neither you nor the company do anything that's obviously
and blatantly stupid, and if the government has no reason to dislike
you, nothing should happen for at least the next five years. (Once you
apply for U.S. citizenship, your case will be reviewed for past
immigration fraud.)

However, if the government ever were to search for a reason to get nasty
with you (e.g., after your neighbor accused you of being a terrorist
because you sometimes parked in her driveway), you may have a problem in
any case. You'd have to prove that there was nothing fishy regarding the
circumstances that led to you leaving your job and it's just hard to
disprove such a negative.

Anyway, good luck,
Thorsten
[*] Provided the INS does not doubt this scenario.