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Obligations towards current employer after getting GC

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  • Obligations towards current employer after getting GC

    If you get a green card, is there anything that stipulates you have to continue working for the same company or work at all? Can you start your own venture or take an extended time off. Can you do further studies?

  • #2
    Normally there's a contractual agreement between the employee and the employer who sponsored the GC process.

    A former coworker went through this process with Sears Holdings and she was contractually obligated to stay for two years. If you know anything about Sears, that was two crappy years.

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    • #3
      This is just my opinion - I don't know what you mean by contractual agreement because I thought no one can force someone to work. Again this is my opinion and I might be wrong. If you say that someone be courteous and continue with the same company who sponsored GC, then that is different but otherwise I believe one would be allowed to what they want. In this case it appears the OP wants to switch jobs.
      | This is my personal opinion and is not to be construed as legal advice |

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      • #4
        I think some companies create a contract so they will pay for the AOS process but for that, the beneficiary must stay sometime after the GC or pay all the expenses if they want to switch jobs soon after receiving the GC.
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 999 - Card delivered to me - Aug 2021
        ---
        All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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        • #5
          Originally posted by shiva_82 View Post
          This is just my opinion - I don't know what you mean by contractual agreement because I thought no one can force someone to work. Again this is my opinion and I might be wrong. If you say that someone be courteous and continue with the same company who sponsored GC, then that is different but otherwise I believe one would be allowed to what they want. In this case it appears the OP wants to switch jobs.
          Her contractual agreement stated that she would be obligated for all filing expenses including attorney fees if she voluntarily terminated her employment before meeting the contract date. That meant she might have to pay back as much as $15,000. As soon as she met her contractual obligation, she bailed.

          Incidentally, during her interview process for the new job, the interviewers asked her why she stayed at Sears so long. Her answer was that it was dictated by her GC process. It was the perfect answer and no further explanation was needed.
          Last edited by Poramin; 12-13-2021, 03:12 PM.

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          • #6
            Originally posted by salilsurendran View Post
            If you get a green card, is there anything that stipulates you have to continue working for the same company or work at all? Can you start your own venture or take an extended time off. Can you do further studies?
            Hi Member,
            I just sharing my view on this.
            All Employers will have mutual agreement with their Employees. Employees and Employer will accept the terms and conditions upon signature.. If any clauses been mentioned about termination or resignation, both Employer and Employee will need to follow as per agreement.
            Here the immigration portion is different.. As a GC holder, you are free to work any Employer.. But, if you have any mutual agreements signed by both parties then it must be followed.
            Thanks

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            • #7
              USCIS can get suspicious if you change jobs soon after receiving GC. IIRC, I-140 is towards future employment with the company. If you leave soon after, it could mean that your intent was to get a GC & leave. However, "soon" is supposedly not defined, but immigration lawyers recommend staying for 6 months.

              That said, how USCIS will find out is hard & proving your intent (to quit after getting GC) at the time of filing I-140 even harder.
              EB1C India - MSC2190XXXXXX
              11/25/2020 - I485, I765, I131 sent to TX lockbox
              11/30/2020 - received at TX lockbox
              02/28/2021 - NOAs generated
              05/19/2021 - Bio done
              07/28/2021 - I485J fee waiver notice
              08/18/2021 - I765 - ordered new card
              08/30/2021 - RFE for BC+693
              09/22/2021 - GC in hand (primary)

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              • #8
                Originally posted by randUser9 View Post
                USCIS can get suspicious if you change jobs soon after receiving GC. IIRC, I-140 is towards future employment with the company. If you leave soon after, it could mean that your intent was to get a GC & leave. However, "soon" is supposedly not defined, but immigration lawyers recommend staying for 6 months.

                That said, how USCIS will find out is hard & proving your intent (to quit after getting GC) at the time of filing I-140 even harder.
                Hi randUser9. I'm waiting for my GC. I applied in Jan 2021 and my I140 is still pending. Can you tell me when your I140 was applied and approved? It will help me get a guestimate for when mine might get approved.
                | This is my personal opinion and is not to be construed as legal advice |

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                • #9
                  Originally posted by shiva_82 View Post

                  Hi randUser9. I'm waiting for my GC. I applied in Jan 2021 and my I140 is still pending. Can you tell me when your I140 was applied and approved? It will help me get a guestimate for when mine might get approved.
                  Mine won't help, as it was not concurrent filing. Mine was filed in Jan 2019 & approved came in 3-4 months.
                  EB1C India - MSC2190XXXXXX
                  11/25/2020 - I485, I765, I131 sent to TX lockbox
                  11/30/2020 - received at TX lockbox
                  02/28/2021 - NOAs generated
                  05/19/2021 - Bio done
                  07/28/2021 - I485J fee waiver notice
                  08/18/2021 - I765 - ordered new card
                  08/30/2021 - RFE for BC+693
                  09/22/2021 - GC in hand (primary)

                  Comment


                  • #10
                    Originally posted by randUser9 View Post

                    Mine won't help, as it was not concurrent filing. Mine was filed in Jan 2019 & approved came in 3-4 months.
                    Thank you
                    | This is my personal opinion and is not to be construed as legal advice |

                    Comment

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