Quit job -Employment Based Green Card

[camerica 60]

Someone I know who moved to the USA 31 years ago from Canada to work in Texas, lost his job in November (offered the opportunity to quit or he would be fired) He then went back to Canada, even though he still currently rents a home in Texas. He has not been back to Texas since, but plans to go back at some point, even if it is only to get a moving company to move his belongings back up to Canada. Does anyone know if he will have any trouble at the border getting back into the USA? He does have an employment based green card. No job now though.

[aaron2020 11,651]

His green card is not tied to being employed.  He's a green card holder who has been outside the US for less than 6 months, so he shouldn't have any problems entering the US.

 

A work visa ties the person to a particular employer.  Obtaining a green card through an employer has no such restrictions.  That person is just like any other green card holder.  Free to do whatever he wants.

[camerica 60]

1 hour ago, aaron2020 said:

His green card is not tied to being employed.  He's a green card holder who has been outside the US for less than 6 months, so he shouldn't have any problems entering the US.

 

A work visa ties the person to a particular employer.  Obtaining a green card through an employer has no such restrictions.  That person is just like any other green card holder.  Free to do whatever he wants.

Thanks. I know someone else who was in the USA from Canada as a nurse. She changed jobs, went back to Canada for Christmas. When she tried to re-enter the USA, she was denied entry and she told me it was because she was no longer working at the job she had, and did not report that. She has a green card and has had one for years. So, I wondered about the other person I was asking about. I guess she was not being honest about the real reason she was turned away. She eventually got back in. Do you know if a person has to apply for a green card if they entered the USA on a work VISA?

[Mike E 11,740]

38 minutes ago, camerica said:

When she tried to re-enter the USA, she was denied entry and she told me it was because she was no longer working at the job she had, and did not report that. She has a green card

Technically if one gets a green card through employment, one is expected to continue to work for that employer for an indefinite amount of time.  How long is not defined explicitly.  
 

I can imagine a CBP officer making a finding that such an immigrant violated the terms of her green card.  However, I believe they had your friend stood her ground, she would have been admitted into the USA and at worse given a notice to appear in immigration court. 
 

https://www.murthy.com/2019/07/29/changing-employers-after-receiving-employment-based-green-card/

Edited April 7, 2021 by Mike E

[aaron2020 11,651]

47 minutes ago, camerica said:

Thanks. I know someone else who was in the USA from Canada as a nurse. She changed jobs, went back to Canada for Christmas. When she tried to re-enter the USA, she was denied entry and she told me it was because she was no longer working at the job she had, and did not report that. She has a green card and has had one for years. So, I wondered about the other person I was asking about. I guess she was not being honest about the real reason she was turned away. She eventually got back in. Do you know if a person has to apply for a green card if they entered the USA on a work VISA?

You're confusing things.

 

You're missing some critical piece of information.

 

A person who enters the US on a work visa can not just apply for a green card.  The employer has to file a petition to start the green card process.  Not every employer is able to petition for a green card.  Even if they are able to petition for a green card, they may choose not to.  So having a work visa in no way opens up a legal option to get a green card. 

You have to make the distinction between someone with a work visa that ties them to an employer and someone who obtained an employment based green card which does not tie them to an employer.

As Mike E's link points out, there is no minimum time that a green card holder has to stay with the sponsoring employer.  A quick job change would be a sign of bad faith.  Much like a spouse who gets a marriage based green card and shortly leaves the marriage.  

Edited April 7, 2021 by aaron2020

[SusieQQQ 11,586]

35 minutes ago, aaron2020 said:

As Mike E's link points out, there is no minimum time that a green card holder has to stay with the sponsoring employer.  A quick job change would be a sign of bad faith.  Much like a spouse who gets a marriage based green card and shortly leaves the marriage.  

This. Also, it is often more complex for nurses because a common system is a required minimum contract time (I think most common is 3 years, I have seen 4) in exchange for the green card sponsorship, it’s possible the nurse broke the contract. 

 

If the original post is accurate then 31 years is hardly a quick change, and it wasn’t even voluntary.

[camerica 60]

44 minutes ago, aaron2020 said:

You're confusing things.

 

You're missing some critical piece of information.

 

 

What is confusing? I am talking about 2 separate people and I based my first questions about person 1 on knowing what happened with person 2. She has a green card. She was married to an American and got her green card that way. He was a teacher. Complained about going back to school when it started up again. He said he was vulnerable because he is obese. The school didn't like his excuses. He also was inappropriate with students. Thus, he was given the ultimatum. I just wondered if he would have the same issues upon re-entry that she did. That is all the information needed. 

[SusieQQQ 11,586]

1 hour ago, camerica said:

What is confusing? I am talking about 2 separate people and I based my first questions about person 1 on knowing what happened with person 2. She has a green card. She was married to an American and got her green card that way. He was a teacher. Complained about going back to school when it started up again. He said he was vulnerable because he is obese. The school didn't like his excuses. He also was inappropriate with students. Thus, he was given the ultimatum. I just wondered if he would have the same issues upon re-entry that she did. That is all the information needed. 

I believe Aaron was talking about the “do you have to get a green card if you enter on a work visa” as being confused (I agree), but you are confusing things even more now. If she got a green card through being married to an American, her job (or lack of it, or change of job, or anything employment related) would have had absolutely nothing to do with her green card and could not possibly have been the reason she was refused re-entry.

 

If there has been a complaint laid about your friend being inappropriate with students then he could certainly conceivably have troubles with his green card.

[igoyougoduke 1,662]

4 hours ago, camerica said:

Thanks. I know someone else who was in the USA from Canada as a nurse. She changed jobs, went back to Canada for Christmas. When she tried to re-enter the USA, she was denied entry and she told me it was because she was no longer working at the job she had, and did not report that. She has a green card and has had one for years. So, I wondered about the other person I was asking about. I guess she was not being honest about the real reason she was turned away. She eventually got back in. Do you know if a person has to apply for a green card if they entered the USA on a work VISA?

that is strange and dont think that is the whole story. CBP cannot deny entry to a green card holder for not having a job or working somewhere else, unless there is something else that is missing in the story 

[Ontarkie 14,279]

~~Moved to General Immigration Discussion, form Work Visas - As this thread is no longer about work visas as both ppl mentioned have green cards/~~

[Redheadguy03 505]

4 hours ago, igoyougoduke said:

that is strange and dont think that is the whole story. CBP cannot deny entry to a green card holder for not having a job or working somewhere else, unless there is something else that is missing in the story 

Only citizens are guaranteed entry, so yes they can if they have a reason to. We've already gotten a couple pieces added from the initial post, so I'm sure we're missing a few other relevant points. 

[Lemonslice 4,886]

17 hours ago, camerica said:

Thanks. I know someone else who was in the USA from Canada as a nurse. She changed jobs, went back to Canada for Christmas. When she tried to re-enter the USA, she was denied entry and she told me it was because she was no longer working at the job she had, and did not report that. She has a green card and has had one for years. So, I wondered about the other person I was asking about. I guess she was not being honest about the real reason she was turned away. She eventually got back in. Do you know if a person has to apply for a green card if they entered the USA on a work VISA?

Have you seen their green cards? It sounds like your friend who was denied entry might have had a TN visa. 

 

Hard to know since we're missing details.

[Mike E 11,740]

11 hours ago, Redheadguy03 said:

Only citizens are guaranteed entry, so yes they can if they have a reason to. We've already gotten a couple pieces added from the initial post, so I'm sure we're missing a few other relevant points. 

https://www.aila.org/File/Related/18110604b.pdf
 

[Boiler 45,663]

He has only been gone a few months so no.

 

Second one sounds more like someone who had been on a work visa.

[SusieQQQ 11,586]

22 minutes ago, Boiler said:

 

 

Second one sounds more like someone who had been on a work visa.

thread sounds like OP doesn’t know many actual details of these cases tbh