QUESTION: I've been working with the employer for 9 years and my priority date was in 2007…if I leave them as soon as I get green card then is that still a problem?
ANSWER: Yes, that remains a problem. The sponsorship and green card are based on a future job offer, not a current or past job offer. So whatever happened in the past doesn't matter.
I just want to make sure that you understand that the employment based green card process was created for US companies, when they couldn't find US workers who fit what the company needs. That's why you go through labor certification - to make sure no US workers can fill that position. The employment-based green card program was not created just to give immigrants an opportunity to move to the US with a gren card. That is just a product of trying to fill the needs of employers who can't find US workers. Put simply, the whole point is that a US company needs a worker, and presumably, the immigrant alien is just that worker. So if you are not working for that company who needed you and sponsored the green card on that basis, then you are not entitled to the green card. I know it sounds harsh, but that is the reality of the situation.
If you do not intend to work for the company that sponsored you, then you do not qualify for the green card anymore. The company can inform the USCIS that you've left them, and you will receive a Notice of Intent to Revoke your green card.
QUESTION:Can you suggest any other way by which I can keep the green card, do my business, make trips to US and how to arrange that so I can keep the green card?
ANSWER: The only way to keep this green card is if you have another employer sponsor you for the green card in the same or similar occupational category. But obviously, you don't want to work in the US, and so you cannot keep this green card. It simply is not possible, under the law. I wish I could tell you something different, but I can't change what the law says or provides, I'm afraid.
You can try to start an immigrant investor green card for yourself, but that requires you to invest at least $500,000 in a US company, that you run the company, and that you hire at least 10 US workers within 2 years of investing in the company.
So long story short, there are no options available to you that include keeping your green card and not working for the company that sponsored you, or another company in the same or similar occupation.
I'm very sorry - but as I mentioned in my initial response, sometimes the law doesn't always provide the solution a customer wants.
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