Question:
I am expecting to get my green card in a couple of months. As soon as I get
it I am planning to leave the company I am working for to join another
company. What I would like to know if anyone has any idea whether I could
have any problems with the INS if leave this company 2 weeks or so after I
received my green card? After all, they sponsored it
Answer:
If it is employment based, there could be some problems. Most of the
lawyers on this recommend staying with the sponsoring company
for six months to a year as a minimum in the case of an *employment-based*
green card. I think two years is definitely too soon. Also, there
is the issue of whether it is right or not to let a company go through
the (expensive) process of getting you a green card, and then leaving
them immediately. Unless you are truly being abused, I would say this
is unethical, but it does happen.
Just one note. If you have eb1 on the basis of extraordinary ability, you can
leave the company immediately after the interview or even before that. You can
even not have any employer at all from the very beginning , as long as you are
going to work in the area of your extraordinary ability.
What if you've already been with your employer for 4 to 5 years?? Have you not
fulfilled you "obligation" to them. Also what if the entire process did not
cost your employer anything at all?
What's a "EB-1"????
In other words, people of top caliber, who have been given special
preference based on demonstrated abilities in a particular field of
importance to the US. The best way to avoid all of the BS about
whether you can leave or not is to do it as a self sponsored NIW
instead. This leaves the employer out of it entirely, but one
needs VERY SOLID credentials, letters from interested government
agencies, etc. It can be done.
NO such animal as a "EB-1". You sure you're not confusing E-11, which is first
preference employment based priority?
