How long I need to stay with filing employer?

A

Abhi2002

Registered Users (C)
I filed for my I-485 in Nov'01 and still waiting for an approval. Can I leave the employer once I receive my approval? How long do I need to work for the filing employer after approval?

I will NOT be leaving before the approval as I have a contract job still running..

Thanks.

Abhi2002.
 
6 months minimum but 1yrs is better. There is no hard and fast rule abt the time period, but the more time period u stay with employer the better.
 
It is the intent which is important

Abhi2002, first of all employment based GC is an offer for a future employment and is intended for people who take up job with a permanent intent.
Now permanent obviously does not mean the entire life but the time period should be fair enough to reflect such intent. This is something which is subjective and varies. But I think somewhere between 6 months and 1 year should be a fair duration.
However, using AC21 you can always change your current employer after 6 months of applying for I-485.

I hope this info. will help.
 
...is there any legal proof to support this...

From what I understand, the employment based GC process is for people who are good in their area of expertise and that local people are not available to fill those particular positions.

DOL establishes/sanctions this shortage when labor is approved.
This sanction is not for individual companies.

Hence provided the new job you take has a similar description to your current job (or job under which labor, gc was applied) one should be fine.

These are my thoughts. I haven't seen any legal docs that procalim that YOU must remain with the same company for some time.
 
In Line2, you are right that Employment based GC is given for Specialized Occupation which is determined in ETA750.
But another important aspect is your change of status from non-immigrant to immigrant and it is necessary that you have a permanent intent of staying with the company who files your GC.
 
You must log in or register to reply here.
Top