| Q. |
Changing Employer after getting EB Green Card
Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
In my case I have been working with my employer since Sept-2001 (almost 7 years). My Green card labor was started in Dec-2001, 485 filed in May-2007, and GC approved June 24, 2008.
I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?
User's Location:
Boston, Massachusetts, United States of America
Category:
Employment-based Green Card
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| A. |
Good question.
There really is no set rule or law that provides a minimum time period an individual must stay with the employer that sponsored the person for a green card after the green card is approved. The rule revolves more around intent and what the employer's and foreign national's intent was throughout the green card sponsorship process.
When an employer sponsors a foreign national for permanent residency, they are confirming their intent to employ that individual in that position if/when the green card is approved. In turn, the foreign national is confirming his/her intent to work for that company in that position of/when the green card is approved. (As opposed to using them for a green card)
If a foreign national leaves the employment of the sponsoring U.S. employer very quickly after the green card is approved, that foreign national's intent could be questioned.
While these time periods are not based on any regulation, you will hear most attorneys say 1-2 years after the green card is approved is a solid time period to show true intent.
Your situation is a little different because you were in the middle of utilizing I-485 portability under AC21. Was that paperwork ever filed?
Bottom Line: There is no time period required to stay with the employer after the green card is approved. As a prudent measure, many attorneys will say that the individual should stay at least 1-2 years. If you leave soon after the approval, there could be an intent question if the DOL or CIS becomes aware of the situation. The risk may be somewhat lessened though if plans were made to use AC21 and it is clear you would have been approved under AC21 through a new employer.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thanks for the reply.
The AC21 & H1-B transfer paperwork were complete & about to be submitted, when the Green Card (GC) got approved.
What I am confused about is... without GC I could easily change employers using AC-21 but NOT after becoming Permanent Resident ?
Shouldn't the "intent" start on the day 485 was filed ? (more than a year back)
Also won't the fact that I had been working on the same job as on "Labor Petition" for the same employer for last 7 year help ? |
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| A. |
All of those things help. Working there for seven years, your intent during green card process and the fact that you would have otherwise qualified to change employers under AC21 all are equities in your favor.
You are correct that had you filed AC21 paperwork before the green card was approved, there realy would be no issue at all.
The main issue is really whether you used the prior employer to obtain a green card even though you had no intention to work there once approved. If that was not the case, and as you say you worked there for seven years, I think the chance of any problems because you left are minimal.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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