Is changing job possible immediately after getting green card(EB1-OR)

E

eb2007

Registered Users (C)
Is it possible to change job (different field) after getting green card (EB1-OR). I read in one of attorney's website FAQs that PR can be revoked if job is changed within 6 months after getting the card.
Is that true? I know a friend who changed the job even before 485 approval (after 140 approval) and he is still here enjoying his PR...
Pls suggest...
 
EB1-OR is coupled to your employer, so you better stick around for a while. Some people do get away with changing, and USCIS will probably not notice ... until you file for citizenship, at which point everything from denied citizenship to revoked green card is possible. So better wait the 6 month.
 
Thanks nscagony!! I think I'll stick with him for few months (provided I get approval). BTW I'm not at all interested in citizenship so I belive there is a lesser risk. Isn't it??
 
eb2007 said:
I know a friend who changed the job even before 485 approval (after 140 approval) and he is still here enjoying his PR...
Click to expand...
Changing jobs before I-485 approval but after 180 days since filing the I-485 is allowed under a provision of the AC21 law (as long as it is a "same or similar" type of job). However, at the time you file the I-485, you are still required to have the intent to work for the sponsoring employer after green card approval. It is acceptable to change that intent after 180 days, but leaving the employer within a very short time after green card approval could lead USCIS to believe that your intent was to leave the employer ASAP after getting the green card, and that you never had the intent to work for them on a permanent basis at the time of filing the I-485. Changing to a different field is also more risky, as that is not protected under AC21.
 
Last edited by a moderator:
eb2007 said:
Thanks nscagony!! I think I'll stick with him for few months (provided I get approval). BTW I'm not at all interested in citizenship so I belive there is a lesser risk. Isn't it??
Click to expand...
Yes, there is a lesser risk ... if you don't apply for citizenship, they don't proactively go around the place scrutinizing your employment history.

But you still could end up in trouble if the employer complains about you leaving too soon. However, most employers don't do that because they have nothing to gain ... even if they won, the result would be you losing the green card, which means you still wouldn't work for them.
 
Thanks jackolantern!! I think there is more risk involved in changing employer in EB1-OR category. I'll have to wait and see how things unfold in next few months...
 
If your employer applied for EB-OR didnt they ask you to sign an agreement? Atleast mine does - they say we both (employer and employee) are bound to work with each other for atleast an year!
 
No fortunately I wasn't asked to sign anything. I believe this is because I was the one who paid all the expenses..
 
You must log in or register to reply here.
Top