Dr. William:

I recently get a job offer from a large company, for a position in the same academic field as my I-485 approval. Is it true that a person can change job after 3 months of obtaining Green Card?

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A:

Taking a new employment within a short period of time after I-485 approval could be construed as the presumptive evidence that the alien did not have any intention to keep the employment at the time the USCIS approved 485. In this case, you may get trouble if USCIS knows it.

How could USCIS knows it? One of the best evidence for the USCIS would be the alien's application for employment with another employer before 485 was approved. Acceptance of offer of employment prior to approval of 485 will constitute a more damaging evidence. Another evidence would be immediate departure from the employment upon approval of 485.

The USCIS usually adopts so-called 60-day presumption of misrepresentation rule. Once it reaches 90 days, the USCIS assumes that the burden of proof shifts to the USCIS. For the act within 60 days, the USCIS assumes that they enjoy a rule of presumption of misrepresentation and the alien would have a burden of proof that no such misrepresentation existed. Common sense dictates that one takes time to get an employment offer from another employer and it would not happen overnight. People should not act too fast.