When would be ideal time to change job after getting GC?

A

asadullahg

Registered Users (C)
I got my greencard 2 weeks ago. Now I also heard that I should stick with sponsoring employer for atleast 6 months after I get the GC. But my situation is complicated. My previous employed applied for GC in EB-3 and when i moved to new employer my I485 had been pending for almost 5 years. my new employer wanted to apply in EB-2 which was current, that is the main reason I moved. But then before even my PERM approved with the new employer, the process that i had with the old employee went through (since they never revoked I140) and i got my GC. So the current employer is only adding my wife in to the GC. Now in my case i already left my sponsoring employer before even I had my GC, do I still need to stay with current employer for 6 months before I move to a different company?
If I move will that affect my wife's GC application?
Will this cause problem during naturalization?
Will appreciate your response!
 
If your job change met the AC21 "same or similar" criteria, the new employer is now effectively the sponsoring employer about which USCIS may be concerned about how long you stayed with them after GC approval.

If the job change did NOT meet the "same or similar" criteria, you should be going back to the original employer ASAP.
 
Ac21

Yes the new company's job met the similarity criteria and the lawyer filed AC21 when i switched. But the lawyer also started new PERM labor cert process but it did not even go through when my GC was approved. Does it mean USCIS will expect me to be witih my prev employer? Do i still need to be with my new employer for 6 months? How does it work? Thanks,
 
With an AC21 job change, it's the new employer you should stay with for a while.

Opinions vary on how long that you should stay, as there hasn't been a court case to clarify yet. Almost everybody agrees that 6 months after the GC is enough. The disagreement is whether shorter periods like 3 months or 1 month or even 1 day is enough.

You seem like you were already planning to stay with the new employer for much longer than 6 months (long enough for the EB2 PERM and I-140) so why not wait the 6 months anyway?
 
school USEngin

I was planning to stay because I was bound by my immigration, but as soon as I moved to new employer I realized what a big mistake I made and they did not so lot of the things that they promised and I am really really unhappy and drag myself to work rather than enjoying what I do.
 
If you go back to the original employer there shouldn't be any problem whatsoever.

If that's not an option, try to stick it out for 1 or 2 months so it doesn't look too bad. Your job search will probably take at least 1 or 2 months anyway, unless you have really high-demand skills.
 
It is better to stick on to the same employer who sponsors you.You can consult a legal advice to avoid unnecessary issues.

Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice. You can take up a legal advice.


asadullahg said:
I got my greencard 2 weeks ago. Now I also heard that I should stick with sponsoring employer for atleast 6 months after I get the GC. But my situation is complicated. My previous employed applied for GC in EB-3 and when i moved to new employer my I485 had been pending for almost 5 years. my new employer wanted to apply in EB-2 which was current, that is the main reason I moved. But then before even my PERM approved with the new employer, the process that i had with the old employee went through (since they never revoked I140) and i got my GC. So the current employer is only adding my wife in to the GC. Now in my case i already left my sponsoring employer before even I had my GC, do I still need to stay with current employer for 6 months before I move to a different company?
If I move will that affect my wife's GC application?
Will this cause problem during naturalization?
Will appreciate your response!
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