Salary after Employment based Green Card

U

userip

Registered Users (C)
Hello,

After getting Employment based Green Card in EB3 or EB2 category:

1. When is the LATEST you should start working for sponsoring employer ?
(e.g. If card received on 3rd of the month, do you HAVE TO start same month or can wait for a month or so ?)

2. If salary, after GC, is lesser than mentioned during Labor stage, what problems will it cause for:
- GC renewal ?
- US citizenship ?
- Other problems (GC Cancelation, Deportation...) ?

3. What if, after GC, sponsoring employer gives termination letter with:
- NO reason ?
- reason stating bad economy ?
Please tell, for each case, what problems will it cause for:
- GC renewal
- US citizenship
- Other problems (GC Cancelation, Deportation...)

Thank You.
 
Last edited by a moderator:
1. You must mean when is the latest you need to start working for the employer. I don't know of an exact rule on this. However, if the green card was obtained via consular processing, they would give 6 months to enter the US. So it is logical to conclude that waiting 6 months is acceptable.

2. No problems for you. However, you may be able to sue them for back wages.

3. No issues for GC renewal or citizenship if the termination is the employer's decision and not your decision to resign. And the reason for termination doesn't matter, unless:
(1) if the termination is because of the company going out of business, and the I-140 was submitted very shortly (not more than a few months) before GC approval, it could raise a red flag to make USCIS question whether the financial documents submitted for the I-140 were fraudulent. It normally doesn't make sense for a company to show a picture of financial health in July and then go out of business in November.
(2) If your termination was for a criminal act you committed.
 
userip said:
3. What if, after GC, sponsoring employer gives termination letter with:
- NO reason ?
- reason stating bad economy ?
Please tell, for each case, what problems will it cause for:
- GC renewal
- US citizenship
Click to expand...

For citizenship. If you have worked for sponsoring company for atleast 6 months, you are good, nothing to worry, provided you didn't do any crimnal act.

If the termination was not voluntary, make sure you have a letter that indicates the termination was due to company's decision. Save the letter with pay stubs and W2s.
 
Thanks Jackolantern, SEA400.
Yes, I meant latest.

About less than labor salary after GC, I read that it can lead to problems, as entire petition can be considered fraudulent.
 
Last edited by a moderator:
Please reply/share experience.

What is minimum duration at which one must get paid at Labor/I-140 rate after GC? (after which rate can safely be lesser)

Thank you.
 
userip said:
Please reply/share experience.

What is minimum duration at which one must get paid at Labor/I-140 rate after GC? (after which rate can safely be lesser)
Click to expand...

Looks like 6 months is the answer for everything. Just like it is "safe" for one to leave the GC employer after 6 months, which would change the salary levels, it would make sense that such a salary change after 6 months will raise less issues at CIS.
 
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