Comment by sesameoil | Hacker News Reader

Comment by sesameoil | Hacker News Reader

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Hi Peter,

I've received my green card through my sponsor company 2 months ago. (It's a highly reputable fortune 100 company and I am building their core web product)

And I have a project that's getting traction and really want to leave the company and commit full time to it.

But everything on the web says I need to wait at least 6 months before leaving the company after I receive green card, otherwise they can kick me out for fraud when I apply for citizenship later. But some people also say this is just a myth.

So the question: Is this true and I am stuck with this company for next 4 months even though I really want to go full time on my project? Any ways to get around this? Thanks!

p.s. I know this is not a type of question that you may be interested in answering since it's a minority case, but I would really appreciate at least a one line comment on what you think (or even saying it's not something you can answer). It looks like it's not just me, at least 6 people are interested so far, we will all be grateful to hear from you!

Similar question here!

No, you are not stuck at all. As long as your intent - and the intent of your employer - at the time that your green card application was filed was to work for the company in the sponsored position, you can leave at any time after getting your green card.

Wow this is such a great news to hear! Thank you so much!

Just one more thing, then does this mean all the "it will be problematic when you apply for citizenship unless you stay for 6 months" just an internet myth?

Pre-AC21 that was the general advice to avoid questions at the naturalization stage but that all ended with AC21. It's also a borrowed misunderstanding from the general GC portability requirements (which don't apply here) which allow one to "port" one's GC application after one's I-485 application has been pending for 6 months.

This was my case. 3 months after receiving the green card process I started my own company. As Peter has said, what matters is the intent.

You are welcome. Try googling Self Petitioning H1Bs. I used http://myimmigrationattorney.com/h1b-visa-requirements/ in case it helps.

I don't have citizenship yet, I have the GC right now. I needed to provide documentation regarding the company like business model, certificate of incorporation, bank statements and financial situation.

Thanks for sharing your experience, it's extremely hard to find a reliable piece of advice online.

Was there anything you had to document in order to prove your intent? Also did you end up getting the citizenship without any setbacks?

Thanks for the reply, but my question was more about what comes after the green card.

Just to clarify, I too have green card.

If you google online https://www.google.com/search?q=leave+company+after+green+ca... most people talk about the "6 months rule".

Basically they're saying it's ok to leave immediately as long as you don't apply for citizenship. The problem arises when it's time for citizenship and they blame us for being a fraud. Were you aware of this?

Yes, I am aware of it. Peter has already clarified the issue above. What matters is the intent. One friend of mine switched jobs less than a month after obtaining his GC and he didn't run into any issue whatsoever.

"No, you are not stuck at all. As long as your intent - and the intent of your employer - at the time that your green card application was filed was to work for the company in the sponsored position, you can leave at any time after getting your green card."

Did you have some agreement with your employer (maybe just verbal) like not to leave for at least X months when you applied for green card?

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