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Quitting GC sponsoring employer after 485 approval ?

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  • Quitting GC sponsoring employer after 485 approval ?

    Quitting GC sponsoring employer and issue with Naturalization?
    has any one had issues during naturalization if you quit your employer within 3 months of getting your GC ? No one seems to have a definite answer and there is no rule / law defined.

    This is with EB2 employment based . I got my GC 2 months back and want to quit the employer in a month. is it safe to do without jeopardizing my Citizenship in 5 years from now ?

  • #2
    What my attorney said...

    My GC is yet to come, but I have asked this question to a couple different attorneys.
    Their overlapping answer seems to be, "there is no definite time for how long you have to work for the sponsoring employer after your 485 approved." However, they advised me to work for at least 3 months, if I planned on getting a citizenship after 5 years.
    Apparently USCIS will look at your record (as a part of screening process for citizenship) and may question your intention.

    Employment based green cards are given out, on the assumption that you WILL permanently work at that job.

    Of course, there are many personalized cases where the company might bankrupt, or the employer no longer wish to keep you (even then you cannot be at fault, but how do they even track this?), etc. One of the attorneys told me that she has seen the company go bankrupt, literally a few days after the applicant received the green card. Unless you have a good case for your resignation, the attorneys that I've talked to advised me NOT to quit for at least 3 months.

    I hope this helps!

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    • #3
      Wow, if they dont like your record and see you have changed jobs or fields during citizenship screening, can they revoke your GC in addition to denying you citizenship?

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      • #4
        Originally posted by meanielee91 View Post
        My GC is yet to come, but I have asked this question ................

        Employment based green cards are given out, on the assumption that you WILL permanently work at that job.
        ........!
        Wow. Never heard about this. Permanently is a very long time.

        I would say just make sure you are not contractually obliged to work a few years for your employer, since they sponsored you.
        Not legal advice.

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        • #5
          You can quit at any time after gaining permanent residency. The only question is whether the EB visa was based on a bona fide job offer, as opposed to some scheme to get you a green card.

          If you have worked at that same employer for many years, it will be painfully obvious to USCIS that the EB job offer was in good faith - it just so happened that you didn't want to continue working there

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