Changing Employers After Receiving Employment-Based Green Card

[Attorney_22]

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

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[Ahalya79]

Any guidance on a situation if employer was changed before green card was approved and if over 5 years past since GC received?

Can this question be posted anonymous or just replied to privately? 

[Sankar Kandhasamy]

Hi,

is the "job portability under ina section 204(j)" rule will be applicable and can be used after getting green card?

Also using "job portability under ina section 204(j)" rule before getting approval for green card is feasible on below conditions?

• more than one year over after I-140 approval
• I-485 application is pending for more than 180 days

[Rayiota]

I got green card in July 2017. I continued with same employer until July 2018.

after that I started my own startup but didn’t pay myself any salary till July 2019

if I travel abroad- how should I handle it at port of entry? 

What are consequences of having $0 personal income for year 2019 at future port of entries? 

I m not worried about naturalization at this time but only about my frequent traveling in and out of the country running my startup. 

 

Thank you

[GC_USA]

What happens if the employee was laid off due to company restructuring a couple of months before getting the green card? Status is valid because EAD was received a few days before being laid off. Got green card after 3 months following losing job. After getting green card, applied and joined new employer using GC. AC21 was never used/needed. So, in this case, worked for the GC sponsoring employer for few years before receiving GC but not after getting it. Will applying for citizenship when eligible (5 years or later) cause any issue in this case?

[skdh05]

Hello,

After receiving my employment based Green card, can I take a part-time second job or open up my own business without any legal complications within 3 to 4 months of my Green card  while still employed full-time with my employer? Thanks in advance!

[aba]

What situations or circumstances are legally considered valid for leaving sponsoring employer immediately within 2-3 months of receiving green card without jeopardizing citizenship approval?

[Attorney_22]

On 8/1/2019 at 9:34 PM, Ahalya79 said:

Any guidance on a situation if employer was changed before green card was approved and if over 5 years past since GC received?

Can this question be posted anonymous or just replied to privately? 

The answer to this question depends on the specifics of your circumstances. Therefore, it may be best to call our office and speak to one of our attorneys. 

[Attorney_22]

On 8/2/2019 at 1:22 AM, Sankar Kandhasamy said:

Hi,

is the "job portability under ina section 204(j)" rule will be applicable and can be used after getting green card?

Also using "job portability under ina section 204(j)" rule before getting approval for green card is feasible on below conditions?

• more than one year over after I-140 approval
• I-485 application is pending for more than 180 days

Yes, job portability pursuant to  AC21 is still the law. In addition to the requirements you list above, the new position/job must be considered substantially similar to the original position listed on the I-140. 

[Attorney_22]

On 8/2/2019 at 3:28 PM, Rayiota said:

I got green card in July 2017. I continued with same employer until July 2018.

after that I started my own startup but didn’t pay myself any salary till July 2019

if I travel abroad- how should I handle it at port of entry? 

What are consequences of having $0 personal income for year 2019 at future port of entries? 

I m not worried about naturalization at this time but only about my frequent traveling in and out of the country running my startup. 

 

Thank you

Traveling internationally and re-entering the U.S. with your green card should not be an issue despite the circumstances you list above. 

[Attorney_22]

On 8/2/2019 at 6:49 PM, GC_USA said:

What happens if the employee was laid off due to company restructuring a couple of months before getting the green card? Status is valid because EAD was received a few days before being laid off. Got green card after 3 months following losing job. After getting green card, applied and joined new employer using GC. AC21 was never used/needed. So, in this case, worked for the GC sponsoring employer for few years before receiving GC but not after getting it. Will applying for citizenship when eligible (5 years or later) cause any issue in this case?

This is a potentially complicated situation and therefore it is best to discuss the details with one of our attorneys. 

[Attorney_22]

On 8/2/2019 at 7:49 PM, skdh05 said:

Hello,

After receiving my employment based Green card, can I take a part-time second job or open up my own business without any legal complications within 3 to 4 months of my Green card  while still employed full-time with my employer? Thanks in advance!

You can use your green card to take a part-time job or start your own business. If you are also remaining with your green card sponsor, then there should not be any issues regarding intent. 

[Attorney_22]

On 8/2/2019 at 10:36 PM, aba said:

What situations or circumstances are legally considered valid for leaving sponsoring employer immediately within 2-3 months of receiving green card without jeopardizing citizenship approval?

There is no specific time-frame in the regulations or law, therefore it is all about showing proper intent. Since each circumstance is unique it is advisable to speak to one of our attorneys to discuss your specific situation.