Leaving job within a month of getting green card

[venkatdabri 0]

My PD was Aug 2009 and just  got GC a week ago. I want to give notice to my current employer and retire completely from the job market. My company had filed my I-140 in 2018 and my I-485 in Nov 2020. My current employer is a well known Bay Area top software company paying top dollar. Was wondering if I can run into some issues if I leave soon and how? From what I know USCIS can consider the fact that I left the company immediately after getting GC as an indication that I never intended to work for the company. However, I have been working with the company for the past 4 years. I checked with a lawyer and he said that this case has not been tested in court. He also said that if you can't move after GC then what is the point of AC21 clause that gives the recipient the freedom to move after I-485 is pending for 6 months. If there is any issue will that come up at naturalization time or can my company inform USCIS immediately?

 

I had these two critical questions:

1. Does USCIS care about my intent at the time of I-140 filing (2018) or I-485 filing (Nov 2020) or green card adjudication (Aug 2021). If USCIS cares about my intent at I-140 filing or I-485 filing then I am in the clear because I have already worked with the petitioning company for 4 years till now. However, if they care about intent at green card adjudication time then I can be challenged if I leave soon.

 

2. Will the question about my intent come up at any other time other than naturalization(like while at port of entry when I try to re-enter USA or will USCIS do a random check or so).  I can wait for more than 5 years for naturalization and I believe then USCIS can't revoke your GC. However, if there is any other way that the issue of me leaving my job too soon come up then I would like to know how?

[SalishSea 18,140]

50 minutes ago, venkatdabri said:

My PD was Aug 2009 and just  got GC a week ago. I want to give notice to my current employer and retire completely from the job market. My company had filed my I-140 in 2018 and my I-485 in Nov 2020. My current employer is a well known Bay Area top software company paying top dollar. Was wondering if I can run into some issues if I leave soon and how? From what I know USCIS can consider the fact that I left the company immediately after getting GC as an indication that I never intended to work for the company. However, I have been working with the company for the past 4 years. I checked with a lawyer and he said that this case has not been tested in court. He also said that if you can't move after GC then what is the point of AC21 clause that gives the recipient the freedom to move after I-485 is pending for 6 months. If there is any issue will that come up at naturalization time or can my company inform USCIS immediately?

 

I had these two critical questions:

1. Does USCIS care about my intent at the time of I-140 filing (2018) or I-485 filing (Nov 2020) or green card adjudication (Aug 2021). If USCIS cares about my intent at I-140 filing or I-485 filing then I am in the clear because I have already worked with the petitioning company for 4 years till now. However, if they care about intent at green card adjudication time then I can be challenged if I leave soon.

 

2. Will the question about my intent come up at any other time other than naturalization(like while at port of entry when I try to re-enter USA or will USCIS do a random check or so).  I can wait for more than 5 years for naturalization and I believe then USCIS can't revoke your GC. However, if there is any other way that the issue of me leaving my job too soon come up then I would like to know how?

You can actually afford to retire?  If so, and if you are of retirement age, why would they care?

[venkatdabri 0]

I am in my mid-40s. So can I just tell them that I wanted to retire and so I left?

[wagecuck3 31]

On 9/5/2021 at 3:12 AM, venkatdabri said:

1. Does USCIS care about my intent at the time of I-140 filing (2018) or I-485 filing (Nov 2020) or green card adjudication (Aug 2021). If USCIS cares about my intent at I-140 filing or I-485 filing then I am in the clear because I have already worked with the petitioning company for 4 years till now. However, if they care about intent at green card adjudication time then I can be challenged if I leave soon.

You need to have the required intent both at the time of I-485 filing AND the time of adjudication. This is because, generally speaking, a person who files for an immigration benefit has to meet all the requirements for that benefit both at the time of filing and at the time of adjudication.

On 9/5/2021 at 3:12 AM, venkatdabri said:

2. Will the question about my intent come up at any other time other than naturalization(like while at port of entry when I try to re-enter USA or will USCIS do a random check or so).  I can wait for more than 5 years for naturalization and I believe then USCIS can't revoke your GC. However, if there is any other way that the issue of me leaving my job too soon come up then I would like to know how?

Sometimes, CBP does ask, the first time you enter the US using your green card, whether you're working with the petitioning employer. I don't think it's common, but it has been reported.

 

By the way, LPR status can be revoked at any time if DHS can prove that you weren't originally eligible for it. (Rescission proceedings can only be initiated within the first 5 years, but there is no statute of limitations for removal proceedings.) I would suggest not doing anything that would cause a reasonable person to believe that you had a preconceived intent to leave your employer. However, even if you do, it would be hard for DHS to prove it.