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Changing Employers After Receiving Employment-Based Green Card

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This week, Murthy Law Firm attorneys will answer questions regarding changing employers after receiving employment-based green card.     

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.
 

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Hello,

  1. What is the recommended time to wait after receiving an employment-based green card before changing employers?
  2. Does changing employers pose any threat to the green card status or when applying for citizenship?

Thank you!

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If we decide to change employer using EAD,

1) if I-140 was approved for less than 180 days, but I-485 has been pending for more than 180 days, can current employer withdraw either of these applications?

2) Is it mandatory to file I-485J after changing employer? If yes and the new employer is not ready to sign the I-485J, can we submit the offer letter with job duties? Will USCIS accept it?

3) If interview is after changing employer, Can you submit I-485J during interview?

thanks

Edited by arunpr32

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Hello,

  1. What is the recommended time to wait before starting a business after receiving an employment-based green card?
  2. Does any restrictions to start type of business we can own or does it has to be in same line of business as employment before getting green card?
  3.  Do we need to wait more than 6 months or 6 months is good enough to leave the job and start something own business after GC?

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On 12/19/2019 at 9:18 PM, rupeshrajagopalan said:

How soon can someone change employer once GC is received?

There is no set time period in the regulations or law. Generally, the intent is permanent full-time employment. However, based on other sections of the law, namely, AC21, which allows for porting your green card job offer to a new employer after 180 days, it is reasonable to assume the same should be true in this instance.  However, the facts of each case are different and therefore it is advisable to speak with a knowledgeable immigration attorney prior to making any changes. 

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On 12/19/2019 at 10:06 PM, Toto1992 said:

Hello,

  1. What is the recommended time to wait after receiving an employment-based green card before changing employers?
  2. Does changing employers pose any threat to the green card status or when applying for citizenship?

Thank you!

See the above response for an answer to your first question. Regarding your second question, changing employers may be an issue for naturalization, but it depends on the circumstances of your case. Call our office to speak to one of our attorneys regarding the specifics of your situation.  

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On 12/19/2019 at 10:26 PM, Samjeet Singh said:

Interesting topic , very curious to know thoughts around this for EB1C (Multinational managers /executives)  Based Greencard holders 

Receiving your green card based on the EB1C category does not change the general guidance noted above. If you have a specific question or concern it may be best to speak with us directly. 

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On 12/19/2019 at 10:31 PM, arunpr32 said:

If we decide to change employer using EAD,

1) if I-140 was approved for less than 180 days, but I-485 has been pending for more than 180 days, can current employer withdraw either of these applications?

2) Is it mandatory to file I-485J after changing employer? If yes and the new employer is not ready to sign the I-485J, can we submit the offer letter with job duties? Will USCIS accept it?

3) If interview is after changing employer, Can you submit I-485J during interview?

thanks

You raise some complex and interesting questions that are more appropriately discussed directly over the phone. Please call our office to schedule a time to speak with one of our attorneys. 

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On 12/20/2019 at 9:44 AM, surajs3 said:

Hello,

  1. What is the recommended time to wait before starting a business after receiving an employment-based green card?
  2. Does any restrictions to start type of business we can own or does it has to be in same line of business as employment before getting green card?
  3.  Do we need to wait more than 6 months or 6 months is good enough to leave the job and start something own business after GC?

Your green card allows you to work in any legal capacity you wish. If that means moving from your green card sponsor to your own entity, the general guidance noted above does not change. However, sometimes working solely for your own organization can have some additional complications depending on where you are in the green card process. 

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