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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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Team, I have signed an Immigrant visa reimbursement agreement

Customer Question

Hi Team,
I have signed an Immigrant visa reimbursement agreement with my employer, now i got my GC. I like to know whether i can change my job now or not.
thanks,
satish
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello Satish,
I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. And you are the only person who can help me get credit by giving me a positive rating before leaving this site today. So please do not forget to do that.
Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of your question and I will be sure to answer your questions as your personal Expert.
How long has it been since the green card application was filed? How long ago did you get your green card? Are you asking if immigration will enforce the agreement you made with the employer?
Customer: replied 1 year ago.
I got my green card one month back. I am not asking an immigration question as I got my GC. I have signed an reimbursement agreement with my employer while applying for GC. I have attached the agreement that i signed here with. You can go through it and tell me whether i can change the job now, if so what are all the companies i can join. Because in that agreement it is mentioned that i can not join competitor company after i left the company until 12 months. Also let me know is there immigration restriction in changing job after i got my GC.
Customer: replied 1 year ago.
attaching signed agreement
Expert:  Expert James replied 1 year ago.
Hi Satish,
My apologies for the slight delay. I am working with several customers at the same time, and when you posted your follow-up, your question went to the bottom of my first come, first served list.
Unfortunately, I cannot review your contract to tell you whether you can change your job, based on the contents of the agreement. That is an employment contract question. Same goes for the non-compete provision. I can say that generally, most states allow for the enforcement of non-complete clauses, unless it creates an unreasonable restriction on your employment. In most cases, that comes up when a noted geographic region is too general or large. To say that you cannot work with any competitor in the US for 12 months seems like too large a geographic region. Therefore, I find it hard to believe a court would find that provision enforceable, due to unreasonable restrictions.
As far as changing employers now, that is a complicated question, and there is no black or white, yes or no answer. Technically you can leave immediately. But keep in mind that one of the requirements for getting a green card through employment is that you must intend to work for the I-140 petitioner indefinitely. However because slavery is illegal, you can't be forced to do that forever. The counter to that is, the USCIS can and often does look back at the sequence of events following issuance of your permanent resident status to determine your indefinite employment intent during the sponsorship process. If you leave too quickly after getting the green card, the USCIS can infer that you intended to leave after you got your green card, and therefore you did not qualify for the employment based sponsorship from the beginning. That could end up with a retroactive revocation of your green card. And this looking back can even take place when you apply for naturalization!
There is no specific amount of time that you have to be with an employer to be safe. Some people say 6 months is enough, but I always advise people to wait at least 1 year. Of course if the company folds during that time or your employment is terminated, you are not held to that standard.
I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.
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Thank you!
Expert:  Expert James replied 1 year ago.
Hi again,
I think we are experiencing some technical issues. I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you.
Thank you!

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