L1 Visa / Green Card Application

L1 Visa / Green Card Application

Postby januss » Tue Sep 22, 2009 10:27 am

Hi All,

I have been working in the USA for 3 years for my employer on an L1 visa. I have applied for a Green Card and my attorney tells me that because I am applying as a multi-national manager, I should have my EAD card within 90 days and the Green Card within 6 - 12 months.

1. May I change employers during the EAD card waiting time?
2. May I change employers once I have the EAD card?
3. May I change employers once I have the Green Card?

Can any of these processes be anulled or cards be revoked if I attempt to to change employers?

Thanks for your help!
januss

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Re: L1 Visa / Green Card Application

Postby agnelson » Tue Sep 22, 2009 10:56 am

1. No. When working with EAD, you must have it "in hand' to work, your current L1 authorization is only for your current employer.
2. You can, however, leaving your GC sponsor within weeks/months of having filed for GC can cause sponsor to 'pull' their sponsorship -- thus killing your GC process, including the EAD. Think of your EAD as allowing you to work at 'additional' jobs at this point. Remember, your GC is based solely on the sponsorship of your current employer. There is a window, 6 months after I-485 is filed, but before it is approved, that one can change employers (and thus change one's sponsor) with impunity. Its a provision of a law called AC21.
3. Again, leaving your sponsor soon after getting GC is a sign of potential fraud. It is doable, but could cause problems later on... there is an excellent board which deals with post-GC issues:
http://forums.immigration.com/forumdisplay.php?f=118
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