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Green Card for candidate outside of USA

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Old 05-03-2008, 07:31 AM     #1
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Question Green Card for candidate outside of USA

If a US-based employer sponsors a green card for a candidate who is outside of USA for the duration of the GC process, then when the GC gets approved:

1. What is the candidate's obligation to the sponsoring employer?
2. Does the candidate have to enter US immediately?
3. Does the candidate have to start working for the sponsoring employer immediately?
4. How long does the candidate have to work for the sponsoring employer?

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Old 05-03-2008, 08:37 AM     #2
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Default Re: Green Card for candidate outside of USA

Out of respect you should join the sponsoring employer and stay for 180 days (6 months) then leave. If you don't there could be problems not only for you but others who will consular process after you. I know you don't care about anyone else, but you are getting sponsored this way because of other that came before you.


1. What is the candidate's obligation to the sponsoring employer?

None if you don't take up the job AND do not use visa.

Usually to look good with USCIS do 6 months then leave. This is if you wish to not have RFE request further evidence at some point along the way either at citizenship interview or when your first 10 years come up for renewal of said card. You can have N-400 denied if they think you fraudulently obtained a green card from one employer and blew them off to go to another employer before the 6 months were up. Even then they may ask you why you left original employer.


2. Does the candidate have to enter US immediately?

Most come as soon as possible. Employer could put a start date requirement when you get approved. Generally immigration like to see you in USA within 3 months. Do not spend too long after approval outside USA as you could possibly be denied entry as you have "abandoned" residency.


3. Does the candidate have to start working for the sponsoring employer immediately?

That is between you and the employer, but keep in mind if you plan to become citizen it could come up at interview too or as RFE for said naturalization N-400 application made in the futre.


4. How long does the candidate have to work for the sponsoring employer?

At least 180 days (6 months) then you are free if you want to be proactive and look good for future deals with USCIS. Just have a good reason to leave handy when interviewed. Some folks leave area or move state or get more money working for another company.

USCIS look close at citizenship applications these days and do not like to see under 6 months with original employer. Some folks have a good reason like fired, laid off or company went out of business. These reason are very much accepted. Fraud is getting noticed within employment based 485's just like family based marry for green cards. That is why you do Verification of Employment letters for EB. Just like "good faith marriage" requirements for FB.

Please consult a lawyer before you make any life changing decisions; the above is only my person opinion.

Last edited by top_admin : 05-03-2008 at 08:41 AM.
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