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Employment based green card

Employment based green card

Old Jun 30th 2016, 8:41 pm
  #1  
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Default Employment based green card

We are moving to USA on employment based green card what happens if within a month or so I realize that don’t like working for the company who sponsored my GC or it happen I don’t like the every job with current employer?

My Q is -

How easy it is to shift to other employers easily?

Do I have consider any legal implication / any sort of special paper work required changing to other employer as I am entering USA on Employment based green card

Just want to explore the opinions I have.

Thanks a lot
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Old Jun 30th 2016, 9:02 pm
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Default Re: Employment based green car

AFAIK your employer must sponsor you for a work visa first...not a green card. After you have entered the US on the visa they may or may not sponsor you for a GC. You cannot change employer whilst you are on a work visa.

Once you have your GC in hand you can work for whoever you wish. That's the reason many employers drag their feet in applying...as you can then leave their employment.
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Old Jun 30th 2016, 9:11 pm
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Default Re: Employment based green card

UK2toUSA,

Can you please clarify whether your employer is getting you a work visa (L1, H1B, for example), or is he getting you an Immigrant Visa?

What you will be allowed to do after entry to the USA depends on which visa you are getting. Please be specific.

You aren't moving to the USA on a green card. You will be moving to the USA on some sort of visa first. That is what we need to know, which visa.

Rene
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Old Jun 30th 2016, 9:12 pm
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Default Re: Employment based green card

Its the immigrant visa
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Old Jun 30th 2016, 9:15 pm
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Default Re: Employment based green card

Originally Posted by UK2toUSA View Post
Its the immigrant visa
In that case, you become a US Permanent Resident from Day 1 in the USA, with full rights to live in the USA and work for whomever you want. You could quit your job the next day if you wanted to.

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Old Jun 30th 2016, 9:16 pm
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Default Re: Employment based green card

Originally Posted by Noorah101 View Post
In that case, you become a US Permanent Resident from Day 1 in the USA, with full rights to live in the USA and work for whomever you want. You could quit your job the next day if you wanted to.

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Unless there was something in your contract that said otherwise.
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Old Jun 30th 2016, 9:23 pm
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Default Re: Employment based green card

Originally Posted by sir_eccles View Post
Unless there was something in your contract that said otherwise.
But even then although they could sue you for damages, and potentially damage your reputation "in the market" with potential future employers, they still couldn't strip you of your green card and/ or have you deported because the green card was issued by the federal government.

Last edited by Pulaski; Jun 30th 2016 at 9:25 pm.
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Old Jun 30th 2016, 9:36 pm
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Default Re: Employment based green card

Originally Posted by Pulaski View Post
But even then although they could sue you for damages, and potentially damage your reputation "in the market" with potential future employers, they still couldn't strip you of your green card and/ or have you deported because the green card was issued by the federal government.
I didn't mention deporting anyone.
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Old Jun 30th 2016, 9:47 pm
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Default Re: Employment based green card

Originally Posted by sir_eccles View Post
I didn't mention deporting anyone.
Correct, but I did.

My point was that if you wanted to quit your job the employer who sponsored the immigrant visa/ green card couldn't stop you leaving even if there was something in your contract, what with indentured servitude being rather difficult to enforce these days (and actually for the past 200 years).
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Old Jun 30th 2016, 10:43 pm
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Default Re: Employment based green card

Which work visa gives you immediate Permanent residency from day one in the States?

What is the criteria for getting a work/immigration visa as compared to a standard L1/H1B etc. ?
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Old Jun 30th 2016, 10:47 pm
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Default Re: Employment based green card

Originally Posted by SanDiegogirl View Post
Which work visa gives you immediate Permanent residency from day one in the States? ....
EB-x (where EB = "Employment Based")
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Old Jun 30th 2016, 10:55 pm
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Default Re: Employment based green card

Originally Posted by SanDiegogirl View Post
What is the criteria for getting a work/immigration visa as compared to a standard L1/H1B etc. ?
The biggest one I am guessing would be PERM labor certification for employer-sponsored EB visas.
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Old Jun 30th 2016, 10:59 pm
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Default Re: Employment based green card

Originally Posted by Pulaski View Post
EB-x (where EB = "Employment Based")
Many thanks......
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Old Jun 30th 2016, 11:52 pm
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Default Re: Employment based green card

Another consideration, depending on seniority and location, but there might be a non-compete in place which would make you untouchable.

Then again, bailing from a new employer straight after they got you a greencard might do the same thing.

All depends on the industry.
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Old Jun 30th 2016, 11:58 pm
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Default Re: Employment based green card

Most companies would put a re-payment clause into the employment contract. Usually 12-24 months with 100% repayable at about 3 months and then gradually decreasing until the end of the term.

Depending on your situation and seniority, it is not uncommon to have this paid as a sign-on benefit if you change to a different company before the term ends.
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