Safe period to leave GC employer...


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How long is it recommended to leave the employer who sponsored GC. I was not intending to leave soon but the market situation and other personal and family considerations is making it difficult to align the interests of me and employer. I can't relocate anymore due to personal reasons.

 

It's been 18 months since I got green card and I have worked for them almost 9 years in total since H1B. 

 

I read in the website below the following.

 

http://www.****************.com/******************

 

The third paragraph in the above web page has the following.

 

"The law states that if the employee left within 2 years, the employee has burden to prove that he/she accepted the job offer in good faith and didn't intend to leave at the time of accepting permanent residence. If it is more than 2 years, the burden comes to USCIS to prove that."

 

Is this really correct? 

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After 18 months that's not an issue at all.

 

The stuff you quoted was in the law 2 decades ago. It's long gone. Unfortunately, there are a bunch of outdated websites out there.

 

Do I need any formal resignation letter or relieving letter from the employer to use for other things later?

Does it make a difference as to whether I resign or them letting me go? Does it have to be in a written letter or email?

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After 18 months that's not an issue at all.

 

The stuff you quoted was in the law 2 decades ago. It's long gone. Unfortunately, there are a bunch of outdated websites out there.

 

Thanks Joe. Web links are not working here. I read another article by ***** ****** from 2013. Google "Leaving an Employer after Approval of Green Card" and it should be the first result. There is a pdf version of it also there. Please look at Q&A 2 and 3, where he talks about method of leaving, termination letter etc.

 

If I'm leaving on my own because I've hit a dead-end in technology area and want to go permanent job, would it affect my citizenship process?

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You don't need anything from the employer.

Being laid off allows you to get unemployment benefits.

Usually, a layoff is done in writing (a notice commonly known as pink slip would be given to the employee: https://en.wikipedia.org/wiki/Pink_slip_%28employment%29)

For quitting a job, it also is usually done in writing. But both can be done verbally as well. In writing is just better because there is a paper trail, in case of disputes later on.

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Thanks Joe. Web links are not working here. I read another article by ***** ****** from 2013. Google "Leaving an Employer after Approval of Green Card" and it should be the first result. There is a pdf version of it also there. Please look at Q&A 2 and 3, where he talks about method of leaving, termination letter etc.

 

If I'm leaving on my own because I've hit a dead-end in technology area and want to go permanent job, would it affect my citizenship process?

 

I know about that. I used that lawyer for my GC.

As he said, it depends on the circumstances. Leaving too soon could be an issue. Now, there may be an argument what "too soon" means, but after 18 months, there certainly isn't any issue.

Having written documentation is of course always helpful in the unlikely event of any kind of dispute.

When I left my job after 1 year of having the GC, I sent the company a letter announcing that I am quitting. This didn't even come up at the naturalization interview.

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