Legal Question in Immigration Law in California

hi, can I change jobs in similar field as soon as i get my greencard. i am expecting getting greencard anyday now. In addition i am also talking to company for a job change. This is for very similar role of a lead software engineer. I think both the green card and my resignation from existing company could happen in next week.

Priority date of Greencard is 2005.

working in current company since 2008.

Reason for the question is I am in current company since 5 years. If I get the Greencard and immediately change jobs, during citizenship process will it create issues? I didnt join and quit the company suddenly and have been here since last 5 years.

I read debate in million places on internet to wait for 6 months after getting greencard before changing jobs but many people say there is no such law and it is a urban folktale.


Asked on 8/24/13, 7:36 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Although there is no statutory requirement as to how long you need to remain employed by the petitioner-employer once your I-485 is approved, most attorneys would advise that you remain employed by that petitioner for a "reasonable" amount of time. (Unless, of course, the company terminates your employment first).

If your I-485 is approved & you immediately change jobs, there could be a question of fraud, if you later file for naturalization. However, a presumption of fraud can always be rebutted by evidence to the contrary.

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Answered on 8/25/13, 1:03 pm


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