My current company has filed a GC in EB2 quota as a software engineer.My Pirority date became current after 3 years now and had got EAD+AP card.I am expecting getting my Green card in hand in by next month.
This month I got another full time job offer.
1)Now can I change the job as soon as I get my GC in hand?
2)What are consequences of change of job in 15 days as soon as I get GC in hand?Does USCIS cancel GC in such situations?
3)Is there any time limit to wait once u get GC in hand?
4)If I change job do I need to inform USCIS why I changed job etc etc?
Although, the green card is open employment for any employer. We like to suggest the safe-harbor to change employers after receipt of the green card is to use AC21 regulations as a reference; change employers 180 days after the I-485 receipt date. You do not need to inform USCIS of a change of employer. You are required to notivy the USCIS of any change of address. There may be not consequence of changing employment immediately upon receiving your green card. But, we have had the question asked in a naturalization interview where the form showed a change of employer immediately upon receipt of the green card.
Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.
1. Although there are no prohibitions to changing your employment after obtaining your employment-based green card, doing so within less than 6 months after having received LPR status could undoubtedly raise suspicion during your naturalization that your entire EB-3 was in fact "immigration fraud" and that you never had the true intent to work for the petitioning employer after having obtained LPR status. Consequently, not only your application for naturalization could easily denied, but your LPR status placed in jeopardy as well. Once you' ve worked for the the employer for at least 6 months and then "switch", there will be no questions asked or suspicions raised. (Don't worry, throughout your long life and career you will "get" many interesting and seemingly irresistible full-time job offers.
2. Read my answer to your previous question above. Yes, USCIS could investigate the entire process through which your employer applied and you obtained EB LPR status. The employer will be questioned, etc.
3. Read answer 1. above = at least 6 months.
4. No. There is no such requirement. You only notify CIS upon change of residential address, within 10 days of doing so, by filing Form AR-11 online.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. 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.
There is flexibility on changing jobs but in "same or similar classification" within certain parameters.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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