206 How long does an employee who receives GC through Labor Cert. have to work after getting the (actual) green card before changing to another job?
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206 How long does an employee who receives GC through Labor Cert. have to work after getting the (actual) green card before changing to another job?
I find this a very interesting question in today's dynamic
job market. Would you please kindly give me some advice on this issue.
You help is greatly appreciated.
There is no brief answer to this question. Let me explain. The basic
premise (or theory) behind permanent residence through offer of
employment is that an employee is accepting a job on a "permanent" bases.
What does "permanent" mean? Does it mean for ever. Obviously not.
That would be unreasonable. But "permanent" also does not mean that
you pack your bags the moment you receive your green card.
So what is the answer? No one really knows. Each case has to be
determined upon its own merits. Normally, I would say working for
one year or more with the same employer after getting your GC is
PROBABLY enough indication of permanency. Less than 4-5 months is
perhaps evidence to the contrary. But REMEMBER, this is just my own
guess. Technically speaking, the moment you decide that you will leave
after a certain period of time, "permanent" intent is gone. Catch-22 eh?
Well that is the way it is.
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