Working for same employer after GC???

P

Pratibha

Registered Users (C)
Dear friends,
I am confused!
1) If somebody gets their Green card through approved labor certification, does the person have to work for the same employer for at least a year even after getting the GC.

2) Can a person have a labor cert filed by someone but be working for another person in the meantime.

Please reply. Thanks
Pratibha
 
Q1) If somebody gets their Green card through approved labor certification, does the person have to work for the same employer for at least a year even after getting the GC.

A1) Under pre-AC21 rules you needed to work for the sponsoring employer "permanently" (whatever that means, in most cases six months to one year was recommended as a minimum). AC21 changed this and permitted changing employers if the I-495 had been pending for more than 180 days. There are no implementing regulations yet (it's been out for more than 2 years) for AC21 so it remains unclear if it is applicable to a person who never worked for the sponsoring employer. How a person can "change jobs or employers" if the person is not working for the sponsor could become the issue.

Q2) Can a person have a labor cert filed by someone but be working for another person in the meantime.

A2)Yes. Again, that applicability of AC21 may be in question but you certainly could wait until approval (or EAD issuance) and join the sponsor at that point. This was permitted under the established rules pre-AC21.
 
Jim,

Question 2.

Once the EAD is issued through the sponsor, using this EAD, can you work for sombody else (i.e., for whom you are working now) and join with the sponsor once the I 485 approved or you need to join with the sponsor to use this EAD?

Thanks in advance
 
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