H1 B and GC

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Old May 6th 2005, 4:01 pm
  #1  
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Default H1 B and GC

Hi

I am on H1B, my employer is ready to sponsor me GC. While in the process of GC can I switch job?? If yes what is going to happen to my GC process and what kind of effect will it be on my GC process.

Thanks a lot.
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Old May 6th 2005, 4:39 pm
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Default Re: H1 B and GC

Originally Posted by raandra
Hi

I am on H1B, my employer is ready to sponsor me GC. While in the process of GC can I switch job?? If yes what is going to happen to my GC process and what kind of effect will it be on my GC process.

Thanks a lot.
I don't think you can, because the greencard is being sponsored by the employer, I could be wrong though, but once you've got the greencard you can change jobs...be a bit rude to the employer though with all the time, money and effort spent to get you a G/C though....
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Old May 6th 2005, 4:44 pm
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Default Re: H1 B and GC

Originally Posted by Bob
I don't think you can, because the greencard is being sponsored by the employer, I could be wrong though, but once you've got the greencard you can change jobs...be a bit rude to the employer though with all the time, money and effort spent to get you a G/C though....
It's not just because the employer is sponsoring the GC. During AOS process, the H1B remains valid, and that is tied to the original employer.

Agree with you, Bob, about the ethics aspect...
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Old May 6th 2005, 7:59 pm
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Default Re: H1 B and GC

Bob wrote on 5/6/2005 9:39:
    >>Hi
    >>I am on H1B, my employer is ready to sponsor me GC. While in the
    >>process of GC can I switch job?? If yes what is going to happen to my
    >>GC process and what kind of effect will it be on my GC process.
    >>Thanks a lot.
    >
    >
    > I don't think you can, because the greencard is being sponsored by the
    > employer, I could be wrong though, but once you've got the greencard you
    > can change jobs...be a bit rude to the employer though with all the
    > time, money and effort spent to get you a G/C though....
    >

The AC21 legislation allows employer changes if the I-485 is pending for over
180 days.
Once the I-485 is approved, you have to have the good faith intent to work for
your employer. That's the basis for an employment-based GC.
Lawyers usually recommend to wait at least 6 months before changing jobs.
See, e.g., http://www.murthy.com/485faq.html#13

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old May 6th 2005, 11:46 pm
  #5  
S P Arif Sahari Wibowo
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Default Re: H1 B and GC

On Fri, 6 May 2005, raandra wrote:
    > I am on H1B, my employer is ready to sponsor me GC. While in
    > the process of GC can I switch job?? If yes what is going to
    > happen to my GC process and what kind of effect will it be on
    > my GC process.

Well, obviously you can always change job if the new employer
willing to sponsor your H-1B and you don't care that the GC
process is cancelled.

If you want to keep your GC process, then unless the rule change
in the last 3 years, you should wait until you got the I-140
approved, and you have to wait until 6 months after the I-485
process started.

--
Stephan Paul Arif Sahari Wibowo
_____ _____ _____ _____
/____ /____/ /____/ /____
_____/ / / / _____/ http://www.arifsaha.com/
 
Old May 11th 2005, 2:26 pm
  #6  
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Default Re: H1 B and GC

Hi
thanks for reply. So roughly how long it is going to take to complete whole process ?

Lets say if that company sack me or unable to pay me, in that case if GC in process what will happen?

Thanks


Originally Posted by S P Arif Sahari Wibowo
On Fri, 6 May 2005, raandra wrote:
    > I am on H1B, my employer is ready to sponsor me GC. While in
    > the process of GC can I switch job?? If yes what is going to
    > happen to my GC process and what kind of effect will it be on
    > my GC process.

Well, obviously you can always change job if the new employer
willing to sponsor your H-1B and you don't care that the GC
process is cancelled.

If you want to keep your GC process, then unless the rule change
in the last 3 years, you should wait until you got the I-140
approved, and you have to wait until 6 months after the I-485
process started.

--
Stephan Paul Arif Sahari Wibowo
_____ _____ _____ _____
/____ /____/ /____/ /____
_____/ / / / _____/ http://www.arifsaha.com/
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Old May 11th 2005, 3:41 pm
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Default Re: H1 B and GC

Originally Posted by raandra
Hi
thanks for reply. So roughly how long it is going to take to complete whole process ?
greencard process can take a few years to complete.
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