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Employment based green card

Employment based green card

Old Jul 1st 2016, 12:57 am
  #16  
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Default Re: Employment based green card

Originally Posted by Noorah101
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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No you can't, that's considered misrepresentation.

You have to keep working for two years for the sponsoring employer, bear in mind you're under a certification that you are filling a job that no American could do. After two years the burden of proof falls on USCIS.

It's a fairly complex part of immigration law, but the key point is that the job must be permanent in order to complete the labour certification, so you have to work there permanently, in that position.

In reality you don't, but changing jobs straight off the bat would be pretty clear misrepresentation of your intent.
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Old Jul 1st 2016, 1:01 am
  #17  
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Default Re: Employment based green car

Originally Posted by Jerseygirl
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.
Nope, they can sponsor you for an immigrant visa immediately if they want to. Not that uncommon, if you've got someone who you really want and they complete the labour certification.

Also EB-1A and EB-2 NIW are self-sponsoring.

Once you have your GC in hand you can work for whoever you wish.
Nope, as explained above.
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Old Jul 1st 2016, 1:10 am
  #18  
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Default Re: Employment based green car

Originally Posted by Steve_
Nope, they can sponsor you for an immigrant visa immediately if they want to. Not that uncommon, if you've got someone who you really want and they complete the labour certification.

Also EB-1A and EB-2 NIW are self-sponsoring.



Nope, as explained above.
Good to know...thanks.
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Old Jul 2nd 2016, 12:02 am
  #19  
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Default Re: Employment based green card

Originally Posted by Steve_
No you can't, that's considered misrepresentation.

You have to keep working for two years for the sponsoring employer, bear in mind you're under a certification that you are filling a job that no American could do. After two years the burden of proof falls on USCIS.
Bolded is patently untrue. There is no where in USCIS regulations or federal law that states the above. The general consensus is to stay for 6 months of so before jumping ship.

Please provide a source for your statement.
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Old Jul 2nd 2016, 12:05 am
  #20  
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Default Re: Employment based green card

Originally Posted by deadshoppingmalls
Bolded is patently untrue. There is no where in USCIS regulations or federal law that states the above. The general consensus is to stay for 6 months of so before jumping ship.

Please provide a source for your statement.

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Old Jul 2nd 2016, 5:43 pm
  #21  
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Default Re: Employment based green card

Just to clarify. You 100% can work for any employer after you have obtained your Greencard via the Employment Based Route. It is always recommended and advised to at least show up to work for the petitioning Employer of course. But it is all about the question of Intent. Did you intend when becoming a Permanent Resident to work for the employer? Did the Employer intend for you to work for them once you became a Permanent Resident? If the answer is yes then there are no issues.

If you work for them for 1 day, 1 week, 1 month, 1 year it does not matter. You are free to leave whenever. Take a basic example, you intend to work for the employer, show up to work for 1 week. You are then presented with an amazing opportunity elsewhere, you are free as a bird to pursue this opportunity without consequence and work for this new employer. There is a myth about this 6 month rule but nothing will happen if you choose to leave before that.

Hope this helps.

Last edited by FUB05; Jul 2nd 2016 at 5:50 pm.
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Old Jul 3rd 2016, 1:02 pm
  #22  
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Default Re: Employment based green card

Thanks all for your inputs much appreciated .
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