So, the employee is allowed to changed the employer after 180 days of the i485 application with the same job function and not allowed to change the employer after getting the green card? It doesn’t make any sense!
The law is not clear on how many days, and thus we must choose what to do for each client by having a consultation. This is a video to give you some general guidelines about how I approach the subject. Logically, this makes sense: if you quit your job the day after you receive your green card, in the future, USCIS has a big chance to ask you whether you ever intended to take on that job that you were sponsored for. Obviously cases that are long-delayed and clients who are allowed to change jobs under AC-21 have a different decision-making process than those who don't. Hope this helps!
@@AudraDoyleImmigrationLawyer There's virtually NO i-485 application get adhjucated before 180 days! This means that it's 100% safe to change the employer right after the green card. Not to mention if the employee is working with the employer for years before applying for the employment based green card
@@AudraDoyleImmigrationLawyer I received green card by EW3 (unskilled) visa, is it okay to quit after six months? Or is it okay only for skilled workers?
Dear Audra, the company that sponsored my green card did not have any contract for me to sign, only signed Job offer letter. So, do i need to quit this job after 3 months work there?
Your point doesn’t make sense honestly. How is it that you can port your job prior to green card approval under AC21 regulations but you’re saying not to do so after green card is approved. There is absolutely zero obligations for the green card recipient to stay with the employer even for another day. How would USCIS know and why would they even care? the only thing they want to see during the naturalization process is that you’ve been in the country for 5 years after receiving green card and haven’t committed any felonies. There is absolutely no USCIS laws requiring you to stay with the current employer post green card.
Shreish, as I am not your immigration lawyer I cannot advise you on the specifics of your case. This video is for information only, to make you aware of the issues, and you can decide what to do on your own case. Yes, I did point out what you are saying in the video. Please keep in mind these questions: What if the I-485 was approved in less than 6 months after filing? Does AC-21 apply then? This video did not discuss the implications of AC-21, it describes a person who has not used portability. Further, I mention that I vary my answer on a case by case basis. Yes, USCIS certainly does look into this at the Naturalization phase of your case, another attorney reported this exact scenario happening to an EB client last week - they were questioned on this point at their Naturalization interview and issued an RFE.
@@AudraDoyleImmigrationLawyer thanks for your feedback. I’m speaking from personal experience as I used supplement J to port to a different job while my I-485 was pending. I received my green card just this week too. And while I have no intention of leaving this job, I should have the freedom to do so if I want. If USCIS wants to validate that the I had a bonafide job offer to begin with, then I’m sure there are different ways to go about that. But it shouldn’t come at the cost of ones happiness. There are candidates from India with nearly 20 year backlogs and once they get their green card, I wouldn’t see why they would stay with that employer. Especially if they have been unhappy for majority of those 20 years. If explanation is what USCIS want, then we should be able to as we did work and have a bonafide job offer for the approval of the petition. But it would be a ironic to become a permanent resident of “the land of the free” and have be forced to work somewhere after getting the green card. Then that is no longer an “at will” job, but rather indentured servitude..
@@shreishbaniya8758 Agreed. As I said in the video this is on a case by case basis. This video does not say that the law does not permit you to leave your job. The issue is more subtle. Not everyone has the same facts as you and these are general guidelines. I have many Indian and I definitely understand the delays you are experiencing. For example, we just finished up a case that has been pending since 2009. I think we are on the same page. Congratulations on receiving your permanent residency!
@@jahnienecarla This could be a problem. You can contact me for a consultation or reach out to the attorney who filed the case for you and discuss your next steps.
Hi I got gr by eb3 program in June. ( Was on h2b visa) I am still waiting for be scheduled on sponsor job. They wasted my time. Now December already and they ask me to start. What I gonna do in this situation?
It's not so strict. You need to keep working in your field. Be careful transitioning from academia to a private company, make sure that the facts of your NIW petition will match your new job.
Hi Audra, thanks for explaining it. I'm working with (A) company as full time, and I received my GC from the sponsored (B) company and started full time at (B) company and part time at (A) company and I quit (due to number of hours) after six from the (B) company. I continued work (full time) with the (A) company. Does this effect on when I file N-400 application? Thanks for your time.
You said, Immigration office will have question if you leave your sponsor company the second day after getting GC. Where is the question taking place, I am not planning to meet ICIS anytime soon. How would ICIS even know I left the company? can my sponsor company complain and jeopardize my GC. how does the process look like if there is such a thing?
Feel free to reach out for a consultation! This is for your information, only, not legal advice. We will be happy to analyze your particular situation and advise you on the right course to take.
Hey Audra, are there any specific laws/regulations around the employer having a contract with the employee for commitment of X duration of time after they receive their green card? Also, is the employer allowed to have the employee sign this commitment in exchange of the green card anytime throughout the entire green card process? Or is there a specific stage (e.g. before I-140 is filed) where they are allowed to ask for this up till?
These are great questions! You can reach out to me for a consultation or discuss them with a labor lawyer to determine if the contract is enforceable. Best regards.
HI Audra. I would just like to ask since my employer just gave me a working visa. And my lawyer converted it to green card. And i was the one who shouldered all the expenses. So my question is, how long can i stay to my employer? I got my green card last march 2022. And i've been working to his company for like 3 years now. Thanks! :)
@@AudraDoyleImmigrationLawyer thank you Audra! if EAD and I-140 approves, how likely will thé greencard be approved as well and will they be an interview ?
@@BKCC420 Correct! You are still a permanent resident even if your green card expires, but it is important to keep that green card valid for work and travel purposes.
Me and my husband are moving to another state for his new job...I'm my husband's greencard sponsor ...I will have to quit my job and find a new job once we've moved into our new place....I'm worried that me having to quit my job to move for his new job will affect his green card....will we get into trouble?
Hi I am going through EB3 process with a recruitment agency for nurses. I have just been called for the green card appointment however my petitioner has not found me a job in the state I want to go too.!I have however Been offered a job by another recruitment agency in the very state I want to work. I have not yet attended my visa green card interviews I was wondering if at this point I can switch employers? And if so how do I go about doing so? Since the green card has not yet been issued will I have to start the whole Process from the Beginning with the new employer or can they pick up from where I am now? Thanks so much for your help in this matter.
@@AudraDoyleImmigrationLawyer Request you to make a video on leaving your employer after filing I-140 and I-485 . When is it safe to change using I-485J? People do that also I hear. Also how the EAD India dates are expected to be in the last Quarter of this fin year (if possible, I understand it's tough to predict)
![Sabbaticals: Time [off] well spent | Dennis DiDonna | TEDxEVHS](/img/n.gif)
So, the employee is allowed to changed the employer after 180 days of the i485 application with the same job function and not allowed to change the employer after getting the green card? It doesn’t make any sense!
The law is not clear on how many days, and thus we must choose what to do for each client by having a consultation. This is a video to give you some general guidelines about how I approach the subject. Logically, this makes sense: if you quit your job the day after you receive your green card, in the future, USCIS has a big chance to ask you whether you ever intended to take on that job that you were sponsored for. Obviously cases that are long-delayed and clients who are allowed to change jobs under AC-21 have a different decision-making process than those who don't. Hope this helps!
@@AudraDoyleImmigrationLawyer There's virtually NO i-485 application get adhjucated before 180 days!
This means that it's 100% safe to change the employer right after the green card. Not to mention if the employee is working with the employer for years before applying for the employment based green card
@@waelzayed Hi Wael, you can feel free to do whatever you like with your immigration case. Best regards.
If I have worked for six months after receiving green card, can I quit now?(today is 6 month)
You are much less likely to have any problems if you quit now.
@@AudraDoyleImmigrationLawyer I received green card by EW3 (unskilled) visa, is it okay to quit after six months? Or is it okay only for skilled workers?
Dear Audra, the company that sponsored my green card did not have any contract for me to sign, only signed Job offer letter. So, do i need to quit this job after 3 months work there?
We need to have a consultation to discuss the details. 404-325-5858.
Your point doesn’t make sense honestly. How is it that you can port your job prior to green card approval under AC21 regulations but you’re saying not to do so after green card is approved.
There is absolutely zero obligations for the green card recipient to stay with the employer even for another day. How would USCIS know and why would they even care? the only thing they want to see during the naturalization process is that you’ve been in the country for 5 years after receiving green card and haven’t committed any felonies. There is absolutely no USCIS laws requiring you to stay with the current employer post green card.
Shreish, as I am not your immigration lawyer I cannot advise you on the specifics of your case. This video is for information only, to make you aware of the issues, and you can decide what to do on your own case. Yes, I did point out what you are saying in the video. Please keep in mind these questions: What if the I-485 was approved in less than 6 months after filing? Does AC-21 apply then? This video did not discuss the implications of AC-21, it describes a person who has not used portability. Further, I mention that I vary my answer on a case by case basis. Yes, USCIS certainly does look into this at the Naturalization phase of your case, another attorney reported this exact scenario happening to an EB client last week - they were questioned on this point at their Naturalization interview and issued an RFE.
@@AudraDoyleImmigrationLawyer thanks for your feedback. I’m speaking from personal experience as I used supplement J to port to a different job while my I-485 was pending. I received my green card just this week too. And while I have no intention of leaving this job, I should have the freedom to do so if I want. If USCIS wants to validate that the I had a bonafide job offer to begin with, then I’m sure there are different ways to go about that. But it shouldn’t come at the cost of ones happiness. There are candidates from India with nearly 20 year backlogs and once they get their green card, I wouldn’t see why they would stay with that employer. Especially if they have been unhappy for majority of those 20 years. If explanation is what USCIS want, then we should be able to as we did work and have a bonafide job offer for the approval of the petition. But it would be a ironic to become a permanent resident of “the land of the free” and have be forced to work somewhere after getting the green card. Then that is no longer an “at will” job, but rather indentured servitude..
@@shreishbaniya8758 Agreed. As I said in the video this is on a case by case basis. This video does not say that the law does not permit you to leave your job. The issue is more subtle. Not everyone has the same facts as you and these are general guidelines. I have many Indian and I definitely understand the delays you are experiencing. For example, we just finished up a case that has been pending since 2009. I think we are on the same page. Congratulations on receiving your permanent residency!
@@jahnienecarla This could be a problem. You can contact me for a consultation or reach out to the attorney who filed the case for you and discuss your next steps.
Hi
I got gr by eb3 program in June. ( Was on h2b visa) I am still waiting for be scheduled on sponsor job. They wasted my time. Now December already and they ask me to start. What I gonna do in this situation?
We need to have a consultation. 404-325-5858. Have a good day!
What about the self-petitioned NIW green card? Do the GC holder need to stay similar periods with the current employer?
It's not so strict. You need to keep working in your field. Be careful transitioning from academia to a private company, make sure that the facts of your NIW petition will match your new job.
Hi Audra, thanks for explaining it. I'm working with (A) company as full time, and I received my GC from the sponsored (B) company and started full time at (B) company and part time at (A) company and I quit (due to number of hours) after six from the (B) company. I continued work (full time) with the (A) company. Does this effect on when I file N-400 application? Thanks for your time.
can I change jobs if I've had my green card for over 2 years now?
yes.
@@AudraDoyleImmigrationLawyer thank you!
@@Kratos370 You're welcome.
You said, Immigration office will have question if you leave your sponsor company the second day after getting GC. Where is the question taking place, I am not planning to meet ICIS anytime soon. How would ICIS even know I left the company? can my sponsor company complain and jeopardize my GC. how does the process look like if there is such a thing?
Feel free to reach out for a consultation! This is for your information, only, not legal advice. We will be happy to analyze your particular situation and advise you on the right course to take.
Hey Audra, are there any specific laws/regulations around the employer having a contract with the employee for commitment of X duration of time after they receive their green card? Also, is the employer allowed to have the employee sign this commitment in exchange of the green card anytime throughout the entire green card process? Or is there a specific stage (e.g. before I-140 is filed) where they are allowed to ask for this up till?
These are great questions! You can reach out to me for a consultation or discuss them with a labor lawyer to determine if the contract is enforceable. Best regards.
Have you got your answer yet? because i have the same question as your, please response to me if you have the answer, thank you
HI Audra. I would just like to ask since my employer just gave me a working visa. And my lawyer converted it to green card. And i was the one who shouldered all the expenses. So my question is, how long can i stay to my employer? I got my green card last march 2022. And i've been working to his company for like 3 years now. Thanks! :)
Which lawer service did u used.?
@@wiseman9959 immigration lawyer
Hey Audra, can a employer revoke the I-140 or Green Card after approved??
same question
Not gc but i140 can be revoked but priority date will be maintained if 180 days passed post submission
If a person work for 6months and buy out the greencard, will there be any problem whe they apply for US citizenship?
how long is employment based greencard usually given for? (is it 2 years or 10years?)
10 years
@@AudraDoyleImmigrationLawyer thank you Audra! if EAD and I-140 approves, how likely will thé greencard be approved as well and will they be an interview ?
@@AudraDoyleImmigrationLawyer Do you mean to say, the GREEN CARD document is valid for 10 years but the RESIDENCE STATUS is PERMANENT?
@@BKCC420 Correct! You are still a permanent resident even if your green card expires, but it is important to keep that green card valid for work and travel purposes.
Me and my husband are moving to another state for his new job...I'm my husband's greencard sponsor ...I will have to quit my job and find a new job once we've moved into our new place....I'm worried that me having to quit my job to move for his new job will affect his green card....will we get into trouble?
You should be fine.
Hi I am going through EB3 process with a recruitment agency for nurses. I have just been called for the green card appointment however my petitioner has not found me a job in the state I want to go too.!I have however Been offered a job by another recruitment agency in the very state I want to work. I have not yet attended my visa green card interviews I was wondering if at this point I can switch employers? And if so how do I go about doing so? Since the green card has not yet been issued will I have to start the whole
Process from the
Beginning with the new employer or can they pick up from where I am now? Thanks so much for your help in this matter.
Please reach out for a consultation! 404-325-5858 or office@doylelawatl.com
6 months is such a longgggg time, sadly
Yes. It can be.
@@AudraDoyleImmigrationLawyer Request you to make a video on leaving your employer after filing I-140 and I-485 . When is it safe to change using I-485J? People do that also I hear. Also how the EAD India dates are expected to be in the last Quarter of this fin year (if possible, I understand it's tough to predict)
@@kinghocean Good ideas, thank you!!
totally BS advise. GC is a GC.
You are welcome to your opinion! I agree that a green card is a green card.