change employer after GC

[sonny4509 0]

my friend came to US after getting green, he didn't work for the employer who petitioned his I-140 for EB2 visa . he lived in US and got job with other employer since if your Permanent resident than you can work any employer.
He is going to apply for Citizen ship, does any one see any problem in getting Citizen ship.

[Boiler 45,671]

I do.

[sonny4509 0]

can you advise what steps are needed

[NancyNguyen 1,657]

Immigration attorney?

[Boiler 45,671]

Sounds like a good first step.

[JimmyHou 611]

It depends on how he got his green card.

If it was through a labor certification and an EB2 or EB3 process then he should have lost his green card years ago. If he applies for citizenship and they realize the employment issue, then he will probably be denied citizenship and may have his green card revoked. This would be a case of green card fraud.

If, on the other hand, he got his green card without a labor certification, for example through an EB2 with a National Interest Waiver or an EB1, then he would have no obligation to stay (or work at all) with the sponsoring employer.

Edited June 19, 2015 by JimmyHou

[JimmyHou 611]

I noticed that the title says he changed employers after he got the green card but the first post implies that he switched employers before he got the green card.

The green card is only valid if you are employed with the sponsoring employer in the sponsored job when the green card is received. This is very hard for Indian and Chinese nationals because of the long wait but it's the law.

If he switched employers shortly after getting the green card then he might be ok but it'll depend on the circumstances.

[JimmyHou 611]

Further clarification:

If he has an EB2 with an NIW he's ok.

If he has an EB2 without an NIW (in other words if he got a labor certification) then he will have to have worked for the sponsoring employer for a "reasonable" amount of time.

[edt370a 3]

Once your I-485 is pending for more than 180 days (i.e. after 180 days following receipt date on I-485 petition) one can legally change employers invoking AC21, as long as the job category remains the same. Lots of Indians and Chinese have done this, especially following the famous July 2007 fiasco where everybody's PD became current due to some glitch, and thousands were able to file their I-485s in the one month timespan before the PDs retrogressed back several years again.

[JimmyHou 611]

Once your I-485 is pending for more than 180 days (i.e. after 180 days following receipt date on I-485 petition) one can legally change employers invoking AC21, as long as the job category remains the same. Lots of Indians and Chinese have done this, especially following the famous July 2007 fiasco where everybody's PD became current due to some glitch, and thousands were able to file their I-485s in the one month timespan before the PDs retrogressed back several years again.

The OP will have to clarify, but it didn't sound like this is what his friend did. It sounded like company A sponsored his green card but he started working for company B as soon as he got to the US.

Edited June 19, 2015 by JimmyHou

[patrickleevill 2]

I have a similar situation. I was issued a green card (EB3) thru a hospital in Florida. My husband (who was my dependent) is currently working in that hospital. However we want to relocate to California. I haven't worked in that hospital since I arrived because I wasn't able to pass my RN license. The hospital HR said that we could leave if we want because there was an intention to work for them but when we apply for citizenship we might get denied or worse have our immigrant visa revoked. How true is this?

[olna83 20]

I have a similar situation. I was issued a green card (EB3) thru a hospital in Florida. My husband (who was my dependent) is currently working in that hospital. However we want to relocate to California. I haven't worked in that hospital since I arrived because I wasn't able to pass my RN license. The hospital HR said that we could leave if we want because there was an intention to work for them but when we apply for citizenship we might get denied or worse have our immigrant visa revoked. How true is this?

Yes, there's a chance that during the naturalization process USCIS may suspect a fraud if you left your employer right after obtaining your GC - especially if you had a contract with the hospital obligating you to stay with them for a certain time period upon receiving the GC. It won't be considered an employment based on a "good faith" unless there's a valid reason of the voluntary job termination - like serious family issues or hospital lay-offs...

[deleted this acco 44]

It looks like it will be a problem why don't you attempt the boards again and try to pass. They brought you here to work for them. Many people would want that opportunity.