p*********g
发帖数: 108 | | f*******n
发帖数: 12623 | | m******r
发帖数: 3197 | 3 副申请人拿EAD就可以乱蹦了
【在 p*********g 的大作中提到】
: 如题， 谢谢！
| A******0
发帖数: 150 | 4 不明白为什么，能解释一下吗？一直以为拿了绿卡就可以马上换工作的啊。。。 | s**********n
发帖数: 72 | | s**********n
发帖数: 72 | 6 485 applications are based on FUTURE employment. This employment is YOUR
job AFTER you've been approved. FRAUD is the word on every Immigration
Officers lips and minds when they review a renewal of LPR cards or N-400
applications for citizenship. Criteria for both is a "rule of thumb" of at
least 6 months with the same employer after approval of 485. Be this with
the original sponsoring employer or the one you were working for as the 485
was approved. Many folks stay just the 6 months and then leave for better
jobs. Other folks go to sponsoring employer once approved.
http://www.trackitt.com/usa-discussion-forums/i485-eb/113789707 | s**********n
发帖数: 72 | | s**********n
发帖数: 72 | 8 more info on this matter
http://www.immihelp.com/forum/showthread.php/67519-Job-switch-a
you also asked whether your green card is tied to the employer that is
sponsoring your immigration processing and how long after you receive your
green card you need to continue working for the sponsoring employer. These
are still relevant questions if, for example, you wish to switch to a job
that is NOT in a same or similar occupation, or even if you wish to stop
working altogether.
The key factor is your intent at the time you filed your I-485 application.
As long as you clearly intended to work for the employer that sponsored your
green card process, there is no hard-and-fast time period during which you
need to stay with that employer. Nonetheless, a relatively early departure,
such as a few days or weeks after receiving the green card, could raise
questions as to your intent at the time of filing.
If USCIS approves your I-485 application in under 180 days, and you want to
change employers soon after getting your green card, the key question will
be, did you intend to work for the sponsoring employer when you filed your I
-485 application? If yes, there is no set time for how long you need to wait
before accepting a job with another employer.
With AC21, Congress seems to have eliminated the intent issue for I-485
applications that remain pending 180 days or more. Nonetheless, USCIS still
may look at your intent if your employer sponsors you to work as an engineer
, and you accept a job as an accountant, for example, with another employer
as soon as you get your green card. As recommended above, consulting an
immigration attorney before making such a move will help you make an
informed decision about whether and when to accept a new job.
fuck, 上文甚至说拿到绿卡之后换的工作也要同之前的工作相同。妈的，不能开公司么 | s**********n
发帖数: 72 | 9 这篇解释的不错，它说，按照现在的政策，只要在交了485后满180天就可以换工作。（
不管绿卡到手没有。即使绿卡到手，也是要从485提交那天开始满180天。）
但是又提到换“工作”和换“职业” 是两回事。
换“职业” 有风险。也就是说创业什么的不行？
The bigger issue that seems to confound both AOS and CP applicants is how
long must they continue to work for their sponsoring employers after they
become lawful permanent residents. Many years ago, the former INS had a rule
that presumed fraud on the part of the employee if he or she changed
employers within two years of becoming an lawful permanent resident (LPR).
That rule was quietly abandoned almost twenty years ago. Unfortunately, not
everyone seems to have gotten the word as it continues to pop up in Internet
discussion forums today.
It is pretty clear that Congress settled this issue with the passage of the
AC21 legislation. The legislative history of the I-140 portability provision
makes it clear that Congress wanted to achieve parity between AOS and CP
applicants. At that time, both AOS and CP applicants had to wait until an I-
140 was approved before moving on to the next step. Historically, CP has
rarely taken more than six months from I-140 approval until the issuance of
an immigrant visa (assuming visa availability).
In passing this legislation, Congress implicitly recognized that CP
applicants were free to change employers after becoming LPRs – as long as
they acted in good faith during their processing. In other words, as long as
they didn’t have fixed plans to change employers before going off to the
visa interview, they were free to change jobs immediately upon return if
circumstances changed. Changed circumstances might include a higher salary,
better working conditions, or a better job opportunity.
By setting up a six month interval for AOS applicants (from the initial date
of filing), Congress put them on par with CP applicants who could change
jobs after approximately the same interval. It is safe to say that the six
month interval is now the rule, at least insofar as there is a rule.
Since an applicant may change jobs after six months, it is absurd to assume
that someone who gets very lucky and has AOS granted earlier than six months
is somehow subject to a different rule. For this reason, it is clear that
anyone who is an LPR may change jobs for any reason without fear of having
their status revoked. The old two year rule was dead and buried long before
passage of the AC21 legislation. The six month interval set forth by
Congress, however, makes it clear that LPRs are free to change jobs at any
time.
Of course, there is still the question of changing careers. Just because
Congress permits a job change after six months does not mean that they
intended to permit career changes after six months.
A person who immigrates on the basis of an I-140 does so riding on the back
of a presumption that they are going to work in a field with a demonstrated
shortage of qualified local workers. The Secretary of Labor is required to
certify that their employment will not adversely affect the wages, working
conditions, or rate of employment of US workers in the same field. If
someone immigrates on the basis of this kind of certification, and
immediately changes careers, that thwarts the whole rationale behind the
labor certification process.
While new LPRs are not prohibited from changing careers, they must be
extremely careful in doing so soon after immigrating. If there are changed
conditions, such has unexpected high unemployment in the LPRs field, that is
certainly a legitimate reason for changing careers. If there are other,
unanticipated changes in circumstances, the LPR would be able to argue those
changes as a legitimate reason for moving into a new career. Changing
careers simply because the new field is more interesting or pays better, is
not an acceptable reason.
There are no bright line tests as to how soon someone may change careers.
Obviously, the longer the LPR waits, the easier it will be to justify the
change. Offhand, a change within a year of immigrating, absent highly
unusual circumstances, will always be suspect. A change more than five years
after immigrating rarely if ever requires justification. For intervals in
between, the LPR needs to think carefully about the reasons for the change
and how he or she will justify the change to a CIS official who may have
occasion to review the file later.
Courtesy – Global Immigration Partners, Inc. | s**********n
发帖数: 72 | 10 这篇解释的不错，它说，按照现在的政策，只要在交了485后满180天就可以换工作。（
不管绿卡到手没有。即使绿卡到手，也是要从485提交那天开始满180天。）
但是又提到换“工作”和换“职业” 是两回事。
换“职业” 有风险。也就是说创业什么的不行？
http://www.nexusltd.com/changing-jobs-before-and-after-green-ca
The bigger issue that seems to confound both AOS and CP applicants is how
long must they continue to work for their sponsoring employers after they
become lawful permanent residents. Many years ago, the former INS had a rule
that presumed fraud on the part of the employee if he or she changed
employers within two years of becoming an lawful permanent resident (LPR).
That rule was quietly abandoned almost twenty years ago. Unfortunately, not
everyone seems to have gotten the word as it continues to pop up in Internet
discussion forums today.
It is pretty clear that Congress settled this issue with the passage of the
AC21 legislation. The legislative history of the I-140 portability provision
makes it clear that Congress wanted to achieve parity between AOS and CP
applicants. At that time, both AOS and CP applicants had to wait until an I-
140 was approved before moving on to the next step. Historically, CP has
rarely taken more than six months from I-140 approval until the issuance of
an immigrant visa (assuming visa availability).
In passing this legislation, Congress implicitly recognized that CP
applicants were free to change employers after becoming LPRs – as long as
they acted in good faith during their processing. In other words, as long as
they didn’t have fixed plans to change employers before going off to the
visa interview, they were free to change jobs immediately upon return if
circumstances changed. Changed circumstances might include a higher salary,
better working conditions, or a better job opportunity.
By setting up a six month interval for AOS applicants (from the initial date
of filing), Congress put them on par with CP applicants who could change
jobs after approximately the same interval. It is safe to say that the six
month interval is now the rule, at least insofar as there is a rule.
Since an applicant may change jobs after six months, it is absurd to assume
that someone who gets very lucky and has AOS granted earlier than six months
is somehow subject to a different rule. For this reason, it is clear that
anyone who is an LPR may change jobs for any reason without fear of having
their status revoked. The old two year rule was dead and buried long before
passage of the AC21 legislation. The six month interval set forth by
Congress, however, makes it clear that LPRs are free to change jobs at any
time.
Of course, there is still the question of changing careers. Just because
Congress permits a job change after six months does not mean that they
intended to permit career changes after six months.
A person who immigrates on the basis of an I-140 does so riding on the back
of a presumption that they are going to work in a field with a demonstrated
shortage of qualified local workers. The Secretary of Labor is required to
certify that their employment will not adversely affect the wages, working
conditions, or rate of employment of US workers in the same field. If
someone immigrates on the basis of this kind of certification, and
immediately changes careers, that thwarts the whole rationale behind the
labor certification process.
While new LPRs are not prohibited from changing careers, they must be
extremely careful in doing so soon after immigrating. If there are changed
conditions, such has unexpected high unemployment in the LPRs field, that is
certainly a legitimate reason for changing careers. If there are other,
unanticipated changes in circumstances, the LPR would be able to argue those
changes as a legitimate reason for moving into a new career. Changing
careers simply because the new field is more interesting or pays better, is
not an acceptable reason.
There are no bright line tests as to how soon someone may change careers.
Obviously, the longer the LPR waits, the easier it will be to justify the
change. Offhand, a change within a year of immigrating, absent highly
unusual circumstances, will always be suspect. A change more than five years
after immigrating rarely if ever requires justification. For intervals in
between, the LPR needs to think carefully about the reasons for the change
and how he or she will justify the change to a CIS official who may have
occasion to review the file later.
Courtesy – Global Immigration Partners, Inc. |
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