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Dear Mr. Mills,

I have been working with my current employer since 1999, and received my Green Card on 11/26/2004 which is sponsored by it also. However, within the last four years, we never got pay increase and even got two times of pay cut (totally about 16%), now I plan to leave and one company may offer me a job starting from early Febrary 2005.

My question is: if I leave my current company on Febrary 2005, by then my Green Card has been only approved for 2 months. Do you see any problem about it, since I heard from somebody that USCIS may question that I have no long term intent to work for the Green Card sponsor company, and may cause me some problem. Could you please give me some advisory, considering my company's continuously wage cutoff?

Look forward to hearing from you!

Thank you very much!

Bill Yuan

I can't give much specific advice other than, yes, it could cause problems.  You seem to understand the issue and if asked you will need to prove that at the time the green card was issued you intended to work for the petitioning employer "permanently".  Intent is difficult to determine so USCIS looks at what you did.  Generally, most immigration attorneys recommend that an alien work for the sponsor for at least six months after the GC is approved.  That being said, there are situations that would justify a decision to depart sooner (for instance, you get a job offer from a firm that you did not even apply to making twice the money that you are currently being paid).  It's very fact specific and it is only a problem if someone makes it a problem.

Sorry I can't be of much more help.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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