Employer sponsored green card

Nvidia rosary
Apr 18 12 Comments

How long does it take to apply and does it make it morning difficult to join another company afterwards?

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TOP 12 Comments
  • Amazon ..🌋..
    After you get it you should work for the sponsor for ~6 months, or show that you left earlier only because of some material change in the job.

    After that you can work any damn place you want, you're a permanent resident. You don't need a visa any more.

    Some argue that the 6 month rule isn't real but it's technically fraud if you tell the USCIS interviewer that you intend to work for the company when you know you aren't going to.
    Apr 1811
    • Tableau ThePlague
      There's no magic number to hire long you should stay. Although general belief is that 6 months is "long enough"
      Apr 18
    • Amazon ..🌋..
      Yeah. There is no magic number, but you went to an interview and claimed that you intended to work for the sponsor. If you resign the day after getting GC clearly you were lying, which is immigration fraud.

      So how long before it seems likely you were being honest?

      6 months is generally seen as long enough that you genuinely meant it when you were in the interview and have it a real try. Just a rule of thumb.

      USCIS doesn't then track you after you get GC so they wouldn't immediately know what you did, but later when you apply for citizenship they can piece it together from your tax returns and ask a bunch of awkward questions if you left soon after getting GC.
      Apr 19
    • Tableau ThePlague
      Unless you make a case for it was a logical step to make given the circumstances.
      Apr 19
    • Amazon ..🌋..
      Yeah. In which case you should have some documents showing that the job changed and wasn't what you expected, eg, new boss, key project cancelled, or something. Save some emails to show that happened.
      Apr 19
    • Amazon xgIO00
      First of all some people wait long enough to get GC, so for those people I'm not sure if 6 months apply. Secondly, you can change jobs even before getting GC based on AC21 rule, so why would you stay an additional 6 months after getting GC?
      Apr 19
    • Amazon ..🌋..
      Do not confuse this with some h1b rule, AC21 has nothing to do with this. The question is whether you committed fraud when you went to the interview and told the agent you intend to work for the sponsor. You also signed a document saying the same.

      Lying in order to obtain an immigration benefit is fraud and if you were lying the greencard can be revoked on the grounds it was issued under the false pretenses that you would work for the sponsor.

      Most people fail to understand that the GC is issued for future employment. It may happen that you were working for that employer on some other visa but the whole idea of adjusting your status was so out could take that job.

      It's highly debated how long after you can leave. 6 months is what most lawyers say is safe. Quitting the next day is certainly going to be seen as fraud. But when are your safe? After 1 month? 4? 6?

      Nobody can say for sure but 6 months is generally considered safe.
      Apr 19
    • Intel mr_pleb
      I've been looking into this too. Amazon has said almost all there is to say. I would add one nuance.

      It is considered safe, with respect to future citizenship application, to stay for at least 6 months with the company that was sponsoring you at the time when your green card wad approved.

      The catch is that you can change jobs while your adjustment of status (last step for green card) is still pending as long as the new employer takes over the green card sponsorship and the job is the same or similar enough.

      There is a race condition here. If you change employers and your green card gets approved before the new employer manages to get the sponsorship updated, your green card would be approved for the employer you just left and you'd fall into the fraud category.
      Apr 19
    • Tableau ThePlague
      It is also important that the interview is 1 month before getting the GC.
      Apr 19
    • Intel bbd
      ^ this is not true. If your priority date is current, you are typically approved right after the interview and you are a pr starting that date. You will probably get the physical card a couple of weeks , or more, later but you are technically already a pr right after approval.
      Apr 19
    • Amazon ..🌋..
      I got my GC in the mail about 5 days after the interview and most people get it within 10 days. They are really fast once they decide you're in.
      Apr 19

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