Green Card Employment
#1
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Joined: Mar 2011
Posts: 379
Green Card Employment
Once you get your green card through your employer, can you leave immediately and work for someone else or are their some federal legal timeframes you have to remain with sponsor ?
#2
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Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Green Card Employment
Once you get your employer sponsored Green Card you can leave the company.
In my opinion, rotten thing to do mind you ........ and this is one of the reasons some companies won't sponsor for Green card or won't do it until the employee has worked for the company for a number of years.
In my opinion, rotten thing to do mind you ........ and this is one of the reasons some companies won't sponsor for Green card or won't do it until the employee has worked for the company for a number of years.
#3
Forum Regular
Joined: Mar 2012
Location: Washington State
Posts: 120
Re: Green Card Employment
The advice I saw was that you should wait a bit (3-6months) if you had a long term goal of citizenship - apparently moving sooner, while legal, can raise suspicions.
#4
Re: Green Card Employment
Relying on the power of memory in 20 years I have seen nearly 90% of those who have received employee sponsored green cards up and leave employment asa they have the green card in hand. Some haven't even waited that long but left once they received their EADs while the AOS was still pending.
#5
Re: Green Card Employment
Your employer may have stipulated some period after you obtain your green card during which you are supposed to quit,, and you may be subject to fee/legal fee claw back and/ or civil action for breach of contract, but your employer can't prevent you from quitting once you have your green card.
Of course there is always the possibility that your employer could bad-mouth you to other people that he knows in the industry. This may or may not be a concern to you.
#6
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Joined: Jul 2015
Location: Panama City, FL
Posts: 2,064
Re: Green Card Employment
Here is just one:
There is no six month magic rule that people often talk about. But the way it works is green card is given based upon the premise that the employee is taking the job on a permanent basis. Permanent does not mean forever. Permanent simply means indefinite basis. And what is important is at least in my view that the intention or the intent at the time of getting the green card approval must be indefinite.
I stayed with my sponsoring employer for a year before moving on although there were other reasons for that.
#7
Re: Green Card Employment
I agree with this and have seen this advice in numerous other places. At least for employment-based green cards.
Here is just one:
If, when it comes time to naturalize, they suspect you had no intention of remaining with the sponsoring company, the burden is on the employee to prove their intent at the time of green card acceptance.
I stayed with my sponsoring employer for a year before moving on although there were other reasons for that.
Here is just one:
If, when it comes time to naturalize, they suspect you had no intention of remaining with the sponsoring company, the burden is on the employee to prove their intent at the time of green card acceptance.
I stayed with my sponsoring employer for a year before moving on although there were other reasons for that.
I think this post you shared sounds very dubious. Naturalisation is based upon time in the country.
#8
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Re: Green Card Employment
I thought green cards were issued to people who wished to stay permanently in the USA, not permanently with their job. Our company imposed a 2 year deal on us where we paid 100% of relocation costs in month 1 going down to 05 in month 24 but that was from the time of arrival not getting green card.
I think this post you shared sounds very dubious. Naturalisation is based upon time in the country.
I think this post you shared sounds very dubious. Naturalisation is based upon time in the country.
Here is another from Murthy Law firm (a well respected immigration firm).
Requirement to Work for GC-Sponsoring Employer
The U.S. government grants employment-based permanent residence (commonly referred to as the “green card”) because an employer has established that there is need for a particular worker. Employment-based green cards generally are based on a future job offer concept, regardless of whether the foreign national is working for the employer / sponsor throughout the processing of the green card case. The employer offers a “permanent” position that is set to begin upon approval of the green card. Similarly, the beneficiary promises to accept that position upon approval of the green card. Thus, such individuals are expected to follow through, working in their sponsored positions for a reasonable duration once they receive green card approval. Failure to do so may create serious problems for these individuals later, particularly if they attempt to naturalize to U.S. citizenship.
The U.S. government grants employment-based permanent residence (commonly referred to as the “green card”) because an employer has established that there is need for a particular worker. Employment-based green cards generally are based on a future job offer concept, regardless of whether the foreign national is working for the employer / sponsor throughout the processing of the green card case. The employer offers a “permanent” position that is set to begin upon approval of the green card. Similarly, the beneficiary promises to accept that position upon approval of the green card. Thus, such individuals are expected to follow through, working in their sponsored positions for a reasonable duration once they receive green card approval. Failure to do so may create serious problems for these individuals later, particularly if they attempt to naturalize to U.S. citizenship.
Planning to quit the day after approval is thereby fraud and could be grounds to revoke the green card. Part of the GC process requires the employer to show they NEED the employee as they can't find someone else locally. If they can't prove they need the employee, no green card.
#9
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Green Card Employment
Here is another from Murthy Law firm (a well respected immigration firm).
The point is that until you receive the green card, you are a temporary worker and the green card is issued on the basis that you will work for the sponsoring company 'permanently' after the green card is granted.
Ian
#11
Forum Regular
Joined: Dec 2007
Location: Houston, TX
Posts: 251
Re: Green Card Employment
Employment in the US is mostly at will. Companies have fired workers (including me) that they've filed I-140 and/or I-485 forms for. No one bats an eye as it's completely legal. From my point of view, the intention to hire the worker 'permanently' simply has to be there at the time the application was filed. A worker is free to leave once they get their green card.
Someone said it's a rotten thing to do. Some people have worked for their employers for 5 years or more. It's not that simple.
Someone said it's a rotten thing to do. Some people have worked for their employers for 5 years or more. It's not that simple.
#12
Forum Regular
Joined: Jun 2016
Posts: 177
Re: Green Card Employment
I got my GC in June of 2016. February of 2017 I quit and started work for another company, left the Bay Area to move to Texas.
I went to visit my parents in March and re-entered the country in my new home city of DFW. The CBP guard looked at my GC, and said one very simple thing - "you were right to leave the Bay Area, all kinds of crazy there - welcome home". I know CBP are just one arm of a number of agencies, but I personally don't think they give a crap.
My ex-employers likewise didn't seem to care that I left - what is more telling is that the week AFTER I left, they announced my entire organization was being off-shored so I would have left the company on paper one month after I voluntarily left.
In short...leaving the day you get your GC is probably bad form - I waited a few months and was head-hunted and don't expect there to be any issues.
I went to visit my parents in March and re-entered the country in my new home city of DFW. The CBP guard looked at my GC, and said one very simple thing - "you were right to leave the Bay Area, all kinds of crazy there - welcome home". I know CBP are just one arm of a number of agencies, but I personally don't think they give a crap.
My ex-employers likewise didn't seem to care that I left - what is more telling is that the week AFTER I left, they announced my entire organization was being off-shored so I would have left the company on paper one month after I voluntarily left.
In short...leaving the day you get your GC is probably bad form - I waited a few months and was head-hunted and don't expect there to be any issues.
#13
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Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: Green Card Employment
Quitting your job as soon as you get your Green Card (even if it was an employer sponsored Green Card) is not a problem.
Now, if it later turned out that there was something fraudulent about the original Green Card application, then*that* could certainly be a problem (but it would still have nothing to do with you quitting your job).
Perhaps the Murthy Law firm specializes in representing clients whose Green Card applications were - let's just say "a little dubious" - that might go some way to explaining why they are offering this rather strange advice.
Now, if it later turned out that there was something fraudulent about the original Green Card application, then*that* could certainly be a problem (but it would still have nothing to do with you quitting your job).
Perhaps the Murthy Law firm specializes in representing clients whose Green Card applications were - let's just say "a little dubious" - that might go some way to explaining why they are offering this rather strange advice.
#14
Re: Green Card Employment
There's a lot of misinformation being fired around this thread as being facts!
As Ian said, I'm calling bullshit on most of it.
From a legal standpoint, there is absolutely no reason you can't quit your job the day your GC is approved. Once you meet the qualifying standard, it's done. End of.
However, there may be contractual obligations and, while you can be fired at will, you must adhere to any provisos in your contract (pay back legal and relocation fees are a good example). Beyond that, USCIS has nothing to do with the process unless, as previously stated, fraud is involved, and the chances of that are slim. It's impossible to prove a negative, so they can't even begin to try to prove that you didn't intend to leave when the application was made as a lot can, and often does happen in the months in between applying and receiving a GC!
As Ian said, I'm calling bullshit on most of it.
From a legal standpoint, there is absolutely no reason you can't quit your job the day your GC is approved. Once you meet the qualifying standard, it's done. End of.
However, there may be contractual obligations and, while you can be fired at will, you must adhere to any provisos in your contract (pay back legal and relocation fees are a good example). Beyond that, USCIS has nothing to do with the process unless, as previously stated, fraud is involved, and the chances of that are slim. It's impossible to prove a negative, so they can't even begin to try to prove that you didn't intend to leave when the application was made as a lot can, and often does happen in the months in between applying and receiving a GC!
#15
Re: Green Card Employment
There's a lot of misinformation being fired around this thread as being facts!
As Ian said, I'm calling bullshit on most of it.
From a legal standpoint, there is absolutely no reason you can't quit your job the day your GC is approved. Once you meet the qualifying standard, it's done. End of.
However, there may be contractual obligations and, while you can be fired at will, you must adhere to any provisos in your contract (pay back legal and relocation fees are a good example). Beyond that, USCIS has nothing to do with the process unless, as previously stated, fraud is involved, and the chances of that are slim. It's impossible to prove a negative, so they can't even begin to try to prove that you didn't intend to leave when the application was made as a lot can, and often does happen in the months in between applying and receiving a GC!
As Ian said, I'm calling bullshit on most of it.
From a legal standpoint, there is absolutely no reason you can't quit your job the day your GC is approved. Once you meet the qualifying standard, it's done. End of.
However, there may be contractual obligations and, while you can be fired at will, you must adhere to any provisos in your contract (pay back legal and relocation fees are a good example). Beyond that, USCIS has nothing to do with the process unless, as previously stated, fraud is involved, and the chances of that are slim. It's impossible to prove a negative, so they can't even begin to try to prove that you didn't intend to leave when the application was made as a lot can, and often does happen in the months in between applying and receiving a GC!