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How long one needs to do job after getting PERM Approved?
- Thread starter janish
- Start date
janish said:Hey guys,
Do you know how long one needs to do job after getting PERM approved.?
I read some where one needs to work with same employer for atleast 6 months. Is it right?
If you leave within 30 days, USCIS will generally assume that you obtained your card fraudulently.
If you leave within 60 days, USCIS might assume that you obtained your card fraudulently.
If you leave after more than 90 days will rarely assume that you committed fraud.
Sounds bizarre, but all of this goes back to the case of some basket maker from canada who came to work in connecticut in 1954.
A general rule seems to be the 6 month thing to be safe.
happyneige
Registered Users (C)
I asked my atty this same question and was told that legally you could leave the job anytime. A problem may arise when you want to do something with the LC in the future, i.e. green card application and naturalization. People who leave the sponsoring employer within 6 months are usually questioned about their adherence to the system and the loyalty to the U.S.
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There was a law at one time that required you to stay for 2 years but of course this opened people up for exploitation by their employers (kind of like a J1 waiver). That was repealed later. Now there is no formal requirement to stay any particular length of time. The issue is that at the moment that you get your green-card, you must have the INTENT to work with this employer PERMANENTLY. There have been precedent cases where the administrative appeals unit and the federal court had to decide these things. The numbers I have quoted are from those decisions.
Now, some smart alecks will tell you: but they have no way to check. Well, when you enter the US on your GC they WILL ask you at times whether you still work for the employer, the other time this can come up is during the citizenship process. If they decide that you didn't actually want to work for the sponsoring company (e.g. by leaving 3 days after the GC) they can retroactively pull you GC and kick you out.
So, this is where the 6 month come from.
Now, some smart alecks will tell you: but they have no way to check. Well, when you enter the US on your GC they WILL ask you at times whether you still work for the employer, the other time this can come up is during the citizenship process. If they decide that you didn't actually want to work for the sponsoring company (e.g. by leaving 3 days after the GC) they can retroactively pull you GC and kick you out.
So, this is where the 6 month come from.
to hadron
hi hadron,how could be proof of 6 months working by the same sponsor at the time of citizenship?just by showing that period(6 months) taxreturns from the same sponsor or anymore document needed to prove at that time?is 6 months enof or u say more like 9 months?plz helphadron said:There was a law at one time that required you to stay for 2 years but of course this opened people up for exploitation by their employers (kind of like a J1 waiver). That was repealed later. Now there is no formal requirement to stay any particular length of time. The issue is that at the moment that you get your green-card, you must have the INTENT to work with this employer PERMANENTLY. There have been precedent cases where the administrative appeals unit and the federal court had to decide these things. The numbers I have quoted are from those decisions.
Now, some smart alecks will tell you: but they have no way to check. Well, when you enter the US on your GC they WILL ask you at times whether you still work for the employer, the other time this can come up is during the citizenship process. If they decide that you didn't actually want to work for the sponsoring company (e.g. by leaving 3 days after the GC) they can retroactively pull you GC and kick you out.
So, this is where the 6 month come from.
jin464 said:hi hadron,how could be proof of 6 months working by the same sponsor at the time of citizenship?just by showing that period(6 months) taxreturns from the same sponsor or anymore document needed to prove at that time?is 6 months enof or u say more like 9 months?plz help
When citizenship rolls around, they ask you to fill out a biographical and work history sheet that requires you to list your place of work for the past 5 years. I don't think they require you to proove it at that point. However, lying on a citizenship applications is one of the few reasons that the goverment can use to strip you of citizenship later on so I would strongly advise against doing that.
If you apply for citizenship after 6 years or more, you don't have to tell them anything about the first year after you got your GC.