I have got my greencard from Company-A by EB1C - last month. Now I am getting a offer by an Company-B for the similar role in 1099 contract. 1) Do we have any legal issue taking this offer from Company-B ? 2) If I change my job to Company-B, is it possible for the company-A to revoke my I140? (I 140 has got approved few months back now its more than 180 days, applied in Jan2015). If they revoke my I140, any impact for me ..?
The question is not whether your old company can revoke your I-140 approval – the question is under what obligations are you to continue with the employer under which you received the green card. Before the advent of I-140/immigrant visa portability, persons obtaining their permanent residence from an employer were routinely instructed that they should remain with the employer for at least 6-12 months after the green card approval to show that they intended to work with the employer when they received their permanent residence. That concept is now in doubt, but U.S.C.I.S. has not come right out and said that you would be safe changing employers even to same or similar employment as soon as you got your green card. So there may be some risk if you switch now. If others have a different opinion or more information than I have on the subject, they are certainly welcome to comment. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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