Can I resign from company after green card approval?

Immigration 6 views 4 answers
My H1B expires in Nov 2014. I signed a letter of employment with sponsoring company that states I will stay on with them until H1B expires. But then I got my green card June 2014. Is my H1B void? Can the company still hold me to that letter I signed for my H1b? I have been with the company for 9 years. I want to resign next month and go home for awhile and then come back and find a new job.

Attorney Answers

4
Ji Kim ·
While your immigration status is involved, I believe this is more contract matter than immigration law, Immigration law wise, no one can force you to work. However, you may be violating contract term if you agreed to stay with the company until November, 2014. You really should consult with business attorney.
0 upvotes
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
That depends, as your employment contract may prohibit you from doing so and subject to you substantial financial liability, which should be reviewed for such language by the local employment law attorney.
0 upvotes
Andrew Bartlett ·
Don't stay home too long. Sometimes it is better to take leave travel, find new work and then resign after. When you still have a job it is easier to find another one. The new employer might wonder why there was so much urgency. Once you have a green card you are not tied to anyone - the 13th amendment prohibited indentured servitude. But this is (of course) the reason why companies don't see the benefit in sponsoring people for residence. Your green card means you are an immigrant. Your H1B meant you were a nonimmigrant. You can't be both. Good luck
0 upvotes
Tripti Sharma ·
I do not recommend quitting and departing the U.S. Consult with an immigration attorney to understand why.
0 upvotes

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