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How long do you have to stay with the employer after receiving the Green Card???

How long do you have to stay with the employer after receiving the Green Card???

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Old Jul 18th 2007, 5:40 pm
  #1  
Lucie Diane Cardinal
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Default How long do you have to stay with the employer after receiving the Green Card???

they want us to sign something and I'm looking to see what legal rights the
employer has over the employe.

thanks

Lucie
 
Old Jul 18th 2007, 6:43 pm
  #2  
Ray
 
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Default Re: How long do you have to stay with the employer after receiving the Green Card???

Originally Posted by Lucie Diane Cardinal
they want us to sign something and I'm looking to see what legal rights the
employer has over the employe.
thanks
Lucie
Depends if you signed any contracts beforehand
A common occurence with nurses.. the employer will often
want all his costs back... plus..and there is often a sliding scale
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Old Jul 18th 2007, 6:46 pm
  #3  
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Default Re: How long do you have to stay with the employer after receiving the Green Card???

Originally Posted by Lucie Diane Cardinal
they want us to sign something and I'm looking to see what legal rights the employer has over the employe.
An employer can not force you to work for them, even if they sponsored your green card. However, they can also choose not to sponsor you.

Generally, if you have a green card, you can work for any employer... and your green card can *not* be revoked simply because you leave the company that sponsored you.

Ian
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Old Jul 18th 2007, 10:00 pm
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Default Re: How long do you have to stay with the employer after receiving the Green Card???

USCIS expects you to work for your sponsoring employer "permanently in good faith". Most lawyers agree that "at least" 6 months after green card is a good demonstration of permanent "intent". Additionally AC-21 allows people to change job to similar occupation after 6 months of I485 pending. Since AC-21 came in, many such benefitiaries naturalized without any problems.

Originally Posted by Lucie Diane Cardinal
they want us to sign something and I'm looking to see what legal rights the
employer has over the employe.

thanks

Lucie
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Old Jul 18th 2007, 10:04 pm
  #5  
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Default Re: How long do you have to stay with the employer after receiving the Green Card???

Originally Posted by upnorth
USCIS expects you to work for your sponsoring employer "permanently in good faith". Most lawyers agree that "at least" 6 months after green card is a good demonstration of permanent "intent". Additionally AC-21 allows people to change job to similar occupation after 6 months of I485 pending. Since AC-21 came in, many such benefitiaries naturalized without any problems.
That's not to mean that if the company has a signed contract saying that you'd have to pay x amount of reimbursement if you leave within x months that they wouldn't sue you for the money back.
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Old Jul 18th 2007, 10:35 pm
  #6  
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Default Re: How long do you have to stay with the employer after receiving the Green Card???

Originally Posted by Lucie Diane Cardinal
they want us to sign something and I'm looking to see what legal rights the
employer has over the employe.

thanks

Lucie
If it's in your hand there's nothing they can do, you don't actually need to ever work again
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Old Jul 26th 2007, 7:58 pm
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Default Re: How long do you have to stay with the employer after receiving the Green Card???

"...it's reasonable to move on from a 'permanent' job after 6 months..."

6 months since I-485 was filed or 6 months after Green Card issuance date?

I don't intend to use AC-21 but I may need to change my job soon. To be on the safe side, I'm waiting to have a green card in hand first.

It's been more than 6 months since my I-485 was filed, so does it mean that I can change jobs say 1 month after my green card arrives (because it's been more than 6 months since I-485 so application was in good faith)?

Thanks for any input.
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Old Jul 26th 2007, 8:02 pm
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Default Re: How long do you have to stay with the employer after receiving the Green Card???

AC21 is applicable 6 months after filing 485. A month after green card is much more riskier than say 6 months after filing 485. Both places have '6" months but they are not connected. 6 months after green card is generally accepted as the norm to be in the "safe" to change jobs. But 6 months after 485 filing is a benefit provided by AC21 (American competitiveness for the 21st Century act).
Originally Posted by megan2004
"...it's reasonable to move on from a 'permanent' job after 6 months..."

6 months since I-485 was filed or 6 months after Green Card issuance date?

I don't intend to use AC-21 but I may need to change my job soon. To be on the safe side, I'm waiting to have a green card in hand first.

It's been more than 6 months since my I-485 was filed, so does it mean that I can change jobs say 1 month after my green card arrives (because it's been more than 6 months since I-485 so application was in good faith)?

Thanks for any input.
upnorth is offline  

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