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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 01-03-2012, 07:56 PM
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shiv_krishna is on a distinguished road
Default Working for green card sponsoring employer

1) I have heard after getting the green card, it is advisable to work for atleast 6 months for the sponsoring employer.

Here is my case. I got my green card on 1 Jun 2011 (Was filed in Aug 2007, and I was primary) And my wife got green card on 15th Dec 2011 (Was Filed in 25 May 2011 and was dependent application).

Do I need to wait for 6 months after my wife's green card or 6 months after my green card. Please let me know? I know there is no written rule for this, but just want to play safe.


2) Can I register my consulting company and do consulting through that. I am in IT field. Is there any issue in doing that? And what company type is advisable (S-CORP or LLC)?
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Old 01-03-2012, 08:33 PM
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calgaryimmigration is on a distinguished road
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All employment based green card applicants have to continue working for the sponsoring employer even after applying for adjustment of status and even if they have received a card. EB1 petitions with “persons of extraordinary ability” and self-petitioned NIW beneficiary may possibly change employers (because a job offer is required). After getting EAD, he/she can do any part-time job or even open a business providing he/she keeps working for the sponsoring employer. However, the primary applicant’s can work for any employer given that he/she has got EAD on his/her own and the primary applicant’s application for AOS is still pending.

The employee must work not only for the same employer but also keep doing the original job offered. If job title or job duties amend significantly, it is considered a job change and new labor certification is necessary and hence new I-140 is also required. Please note that regular raises in salary are not considered job change.
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