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Immigration Issues/Employment-based green card and termination of employment

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Question
Hi,

If one gets sponsored by their employer for a permanent resident status (i.e. green card) (and obtains it), but leaves before becoming a US citizen, does he/she get their green card revoked, or do they get to keep it and go work anywhere else? What would be the immigration status of that person? Is it different from a simple work visa?

(Scenario:

Mike gets sponsored by company XYZ for a green card and gets it, but leaves XYZ after 3 years of employment [thus BEFORE becoming a US citizen]. Does Mike get to keep his green card and work anywhere else? Or does the employer have a right to revoke Mike's green card? If the latter is true, can he get another green card from another employer?)

Do employers issue green cards (on the premises of professionalism/ability) primarily to those that they expect to be working for them for at least FIVE years?

Thank you

Answer
Hi,

The green card process through employer sponsorship requires an intention to be employed full-time on a "permanent" or at least for a indefinite period of time with the sponsoring employer.

As a practical matter, it is recommended that employment continue with the sponsoring employer for at least one year after obtaining the GC. If this is not possible, then at least try to obtain alternate employment in the same or similar occupational category.

With the above caveats in mind, there is no reason that the GC will be rescinded (even if the employer does its level best to correspond with the USCIS requesting rescission of the GC) or that there will be complications when applying for U.S. citizenship in the future.

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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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