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.