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For how long do I have to work for my employer once I get the green card?

San Diego, CA |

I hear people saying three months, other saying six months (after getting the green card). However, I could not find anything specific. Is there a law or regulation in these regards?

Attorney Answers 3


You have already asked this question multiple times and I responded each time. So this time let me tell you a real case experience:
Years ago, I heard a legacy INS adjudicating officer during an employment based green card interview in downtown Los Angeles state that "if the applicant worked even one day for the employer after getting his green card than he is OK for having complied with the law". I wouldn't be so liberal nowadays but will still repeat that that there is no definite time in the law which we could use as a guide or frame of reference.

Many of my clients remain working for their original employers through whom they obtained their green card all the way through their application for naturalization and beyond.. While there are others I know who, for various reasons resigned their positions within 1 or 2 months after having received their GCs. They did not have any problems during their citizenship interviews.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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There is no magic number. It's technically possible that you can encounter difficulties when you return to USCIS for citizenship if you resign your employment too soon.

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I am assuming your 485 was filed months ago. If you worked for the employer 180 days after that, you are covered under AC21. After obtaining the green card if you decide to move to another employer with the same or substantially the same job you should be fine.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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