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Immigration Issues/Green Card and Employment Related

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Question
Hello Mr. Arora,

I applied for Green Card in Nov 2011 in EB1-C category and finally I have received the card in Mar 2012.My I-140 was approved in Mar 2012 only.

I am currently working with a US based IT Org. who sponsored my GC. Based on this is there any legal bindings between my GC and my current employer? Can I quit my current job and join a new employer now? What could be the impact on my GC status or citizenship(planned for future) if I quit my current employer now?
Awaiting your reply eagerly.

Thanks in advance
Aakash

Answer
Hi,

Unless you have signed a specific employment agreement with the employer agreeing to be bound for x years of service, employment is at-will, i.e., you can resign anytime, and the employer can dismiss you anytime for any reason or no reason.

However, with respect to the green card process, your intention should have been to work on a permanent basis for the sponsoring employer, and it would have been the intention of the sponsoring employer as well to employ you on a permanent basis. In general, at least one year of employment after obtaining the green card is recommended unless the termination of employment is outside your control (for example, the sponsoring employer has terminated your employment through no fault of your own due to unanticipated economic reasons or perhaps merger or reorganization of the company, etc.)

If you must leave the sponsoring employer within a short period of time after obtaining your green card, I recommend that you obtain new employment in the same or similar occupational category. There is a question about employment history in the naturalization application, and explanation may be required at the time of the naturalization interview if it appears that you shortly left the employer after obtaining your green card. General information about naturalization is here: www.h1b1.com/citizenship.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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