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ksg09
11-11-2009, 01:11 PM
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.

Please do advice accordingly as I need to take decision based on that.

Thanks in advance

langagadu
11-11-2009, 01:16 PM
I will advice you but do you provide free catering for the next 5 years?

Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).

Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.

Please do advice accordingly as I need to take decision based on that.

Thanks in advance

hindu_king
11-11-2009, 01:29 PM
Go for it man! this is why you wanted the GC...so you can do whatever you want. enjoy your freedom and its about time to pursue your dreams and make some money.

hindu_king
11-11-2009, 01:37 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

thomachan72
11-11-2009, 01:58 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.

ksg09
11-11-2009, 02:17 PM
Thanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.

sanju_dba
11-11-2009, 03:17 PM
Thanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.

6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.

hoolahoous
11-11-2009, 10:08 PM
there is no law/rule saying that you need to stay with employer after getting GC. However, GC is for future employment, so some people have been asked in past (just read on internet, so take with grain of salt) at citizenship as to why did they apply for GC for an employer they didn't want to work for. IF you get asked that question, you need to have a valid answer (layoff etc.). Also that question alone may not decide the fate of citizenship.


PS: I am not a lawyer, so this is not a legal opinion.

drirshad
11-12-2009, 01:11 PM
What if you have used AC-21 before getting GC ......

Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.

meridiani.planum
11-12-2009, 03:22 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)

meridiani.planum
11-12-2009, 03:26 PM
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.

Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)