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GC approved. When should I start working on the green card job?

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by
Rajiv S. Khanna
, 19th March 2009 at 12:38 PM (2676 Views)
      
Q. Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
A. Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.

Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.

As to what is a "reasonable time," we would have to look at the circumstances of each case.

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Categories
Green Card Related , After the Green Card , Employees’ Rights , Employers' Questions , Compliance - GC laws

Comments

    if the employee was already working for the employer using ac21 (using EAD) and was already on payroll Then what steps employer has to do to actually get the employee on the GC job other than changing I-9 details. And what document proof employee need to have that may be helpful when one apply for citizenship ? to prove that employee indeed gave employee the GC job ?
    Other than updating the I-9, there are no immigration law steps involved in going from AOS to pending to green card. There is no need for any specific documentation. So far, no proof of job has ever been required. Your W-2/Paystubs should suffice, if the issue ever arises. If you are unsure, just get a new offer letter confirming the job.
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