In our AskVisalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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QUESTION: I am a nurse who was sponsored by my employer/petitioner as an EB-3. I have had my green card for 9 months and have been working for them since I got my green card. I have been having some issues with my employer and wish to change employers, but my employer says that I could put my green card in jeopardy if I leave them now. Is this true?
THE IMMIGRATION ANSWER MAN – ARI SAUER: From an immigration perspective, you should be fine. The requirement is that you must have intended to stay with your petitioning employer in the offered permanent position (meaning for an indefinite amount of time) at the time you filed your Application for Adjustment of Status (Form I-485) or Immigrant Visa Application (Form DS-260) through the time that you became a US Permanent Resident (green card holder). Where something happens after the employee becomes a US Permanent Resident that causes the employee to no longer wish to be employed by the petitioner, they are allowed to change employers. It can sometimes be an issue when an employee changes to another employer right after becoming a US Permanent Resident, as that can call into question whether the person intended to be employed by their petitioner in the offered position when they became a US Permanent Resident. But someone who works in the offered position for more than 9 months after becoming a US Permanent Resident is probably fine.
To be clear, I can only comment on the immigration consequences of changing employers. I cannot advise on what the other consequences might be of leaving an employer if doing so would cause the person to be in breach of an employment contract. A contract law/employment law attorney should be consulted about that.
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QUESTION: I applied for Work Authorization (EAD) and Advance Parole along with my I-485 application. Will travel before the Parole is approved forfeit just my Parole application or will that also cause the denial of my application for EAD?
THE IMMIGRATION ANSWER MAN – ARI SAUER: The answer depends on what immigration status you hold.
If you are not in valid H-1B, H-4 (for spouse or child of H-1B), L-1A, L-1B or L-2 nonimmigrant status when you leave the US, and you do not have a valid H-1B, H-4, L-1A, L-1B or L-2 visa in your passport to use to return to the US, then leaving the US before the Application for Advance Parole (Form I-131) is approved and the Advance Parole document is issued will result in the abandonment and denial of the Form I-485 Application for Adjustment of Status, as well as the applications for Advance Parole (Form I-131) and Work Authorization (EAD) (Form I-765).
If you are in valid H-1B, H-4 (for spouse or child of H-1B), L-1A, L-1B or L-2 nonimmigrant status when you leave the US and you have a valid H-1B, H-4, L-1A, L-1B or L-2 visa to return to the US on and this is an application for an initial Advance Parole, then travel outside the US before Form I-131 is approved and the Advance Parole is issued will result in the Form I-131 application being abandoned and denied, but should not affect your Form I-765 application for EAD.
If you already have a valid Advance Parole document and the pending Form I-131 is an application to extend your current Advance Parole and you will be returning to the US on your current Advance Parole prior to the current expiration date, then traveling abroad while your Form I-131 application is pending should not result in a denial of any of these applications.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.