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Thread: Job Change once Your Employer files for GreenCard

  1. #1
    Join Date
    May 2008
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    14

    Exclamation Job Change once Your Employer files for GreenCard

    Hello,

    I have a question regarding Green card process. I am graduating in December 2010. I fall in EB2 category as I am going to complete my Masters degree in US and I have several years of experience as well. My employer is ready to file my green card but as I am on student visa I need to get My H1B done and then start my process for Green card.

    I would like to know that while my employer files for Green Card Can I change my Job and Does same green card application can be carried forward by new employer or we have to start a new green card application?

    Can you please tell me how much time does it take for green card on EB2 category??

    Thanks in advance

  2. #2
    Join Date
    Nov 2005
    Posts
    129

    Default

    Quote Originally Posted by mita_rana View Post
    Hello,

    I have a question regarding Green card process. I am graduating in December 2010. I fall in EB2 category as I am going to complete my Masters degree in US and I have several years of experience as well. My employer is ready to file my green card but as I am on student visa I need to get My H1B done and then start my process for Green card.

    EB category is determined based on the Job and its requirement. Whether you have master's or many years of experience doesn't matter if the job requirement is not falling under that category. Being said that, usually job that reqires Master's or bachelor + 5 yrs of progressive experience may qulify for EB-2.

    I would like to know that while my employer files for Green Card Can I change my Job and Does same green card application can be carried forward by new employer or we have to start a new green card application?

    At this stage you can assume that GC process is not transferable between employers. But after 6 months of filing your AOS, you don't need to depend on the sponsoring employer as long as you find the another employer with same job requirement.

    During the GC process you can work for any employer but the understanding here is that you will return to the sponsoring employer once the GC is approved.


    Can you please tell me how much time does it take for green card on EB2 category??

    Million Dollar question. My crystal ball is telling me that EB2 India will be current in 3 to 5 years period.

    Thanks in advance
    See above
    Last edited by SeekHelp; 07-07-2010 at 06:04 PM.

  3. #3
    Join Date
    May 2008
    Posts
    14

    Default

    Thanks for your reply.

    EB category is determined based on the Job and its requirement. Whether you have master's or many years of experience doesn't matter if the job requirement is not falling under that category. Being said that, usually job that reqires Master's or bachelor + 5 yrs of progressive experience may qulify for EB-2.

    Is Labor department responsible for determining the EB Categories?

    At this stage you can assume that GC process is not transferable between employers. But after 6 months of filing your AOS, you don't need to depend on the sponsoring employer as long as you find the another employer with same job requirement.

    During the GC process you can work for any employer but the understanding here is that you will return to the sponsoring employer once the GC is approved.


    If I don't wish to return to old employer and if my new employer willing to sponsor for my green card can't we go ahead with earlier Green card application? Or do we have to start new one???

  4. #4
    Join Date
    Nov 2005
    Posts
    129

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    Quote Originally Posted by mita_rana View Post
    Thanks for your reply.

    EB category is determined based on the Job and its requirement. Whether you have master's or many years of experience doesn't matter if the job requirement is not falling under that category. Being said that, usually job that reqires Master's or bachelor + 5 yrs of progressive experience may qulify for EB-2.

    Is Labor department responsible for determining the EB Categories?


    No, Not all EB categories require labor certification. For example in EB-2 immigrant VISA category, professionals holding advanced degrees and aliens of exceptional ability only requires Labor certification.

    If the job you are applying for requires all the requirement of the above category, yourself can identify the category. All you've to have those qualification and supporting evidence. Your emplyer or agent usually submit the evidence for the requested category and USCIS only reivews only the evidence to approve or not. Neither Labor Dept. nor USCIS determines the category. All they do review your petition according to your submission and approve or deny it. Anyway, at the labor stage, there wont be any question of category at all. But approved labor certification job requirement is used to determine and validate the correct category claim.


    At this stage you can assume that GC process is not transferable between employers. But after 6 months of filing your AOS, you don't need to depend on the sponsoring employer as long as you find the another employer with same job requirement.

    During the GC process you can work for any employer but the understanding here is that you will return to the sponsoring employer once the GC is approved.


    If I don't wish to return to old employer and if my new employer willing to sponsor for my green card can't we go ahead with earlier Green card application? Or do we have to start new one???
    Simply take it impossible at this stage of the game. It is employer specific and not transferable until such situation is permited at the later stage of the GC process. EB GC will be approved with the intention of working for the sponsoring employer if it is sponsored by employer. If not, it is amount to willfully violating or breaking the law.

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