拿到綠卡後還要在原雇主工作多少時間？答案：1天都不必

拿到綠卡後還要在原雇主工作多少時間？答案：1天都不必

前幾天幫一個朋友問拿到綠卡後還要在原雇主工作多少時間。以下是我原來公司聘請的律師給的回答（我的綠卡也才批幾個月所以互相還有印象）。這個律師相當有經驗。在問及是否6個月時，她說法律上沒有任何條文說要多少時間。隻是說"a period time"，所以原則上1天就行，也就是當天拿到綠卡就可以走人。大多數的律師是pro-employer的，所以有了6個月之說。但最好不要與原雇主鬧翻。

如果真有限製，就會像婚姻綠卡那樣有條件綠卡製。

再次感謝小白兔等熱心人對這個壇子的幫助！

內容的標題可以是：Post Green Card: What's next?

Dear XXXX,

Thank you for writing. While I cannot inform you on (your employer) policy, I can tell you that legal permanent residents are legally allowed to change jobs as they please. Legal permanent residents are not required to stay in the job that was certified in their labor certification for any length of time.

Thank you for mailing us a copy of your green card. We are pleased to see your case brought to a successful conclusion.

Your green card has an expiration date of ten years from the date of issuance. This does not mean that the permanent resident status itself expires, only that a new updated green card must be applied for every ten years.

In order to maintain your lawful permanent resident status, you must continue to live in the U.S. A lawful permanent resident (i.e. green card holder) may use the green card as documentation to reenter the U.S. after a “temporary” trip abroad. If a person is outside the U.S. for an extended period of time (for one year or longer), s/he may be deemed to have abandoned residence in the U.S., and a green card is insufficient for re-entry to the U.S. Additionally, an extended absence from the U.S., (even if it is less than one year), may be construed by USCIS as an abandonment of permanent residence in the U.S.

If a permanent resident is leaving the U.S. for an extended period of time (generally six months or more), s/he should notify USCIS in advance and obtain additional documentation (A Reentry Permit) to ensure reentry into the U.S. A permanent resident must apply to the USCIS while still physically in the U.S. for a Reentry Permit. A Reentry Permit is a valid reentry document for individuals planning to be outside the U.S. for an extended period, and is valid for up to two years from the date of the person’s departure from the U.S. If the person does not make any trips to the U.S. during the two-year period, s/he must return to the U.S. prior to the expiration of that two-year period as indicated on the Reentry Permit.

As stated above, a permanent resident must be physically present in the United States at the time of filing the application for a Reentry Permit. Once the application is filed, one does not need to remain in the U.S. to wait for a response. Upon approval, the Reentry Permit can be mailed to the person abroad. A Reentry Permit may be used by the alien for an unlimited number of entries into the U.S. during the two-year period of its validity. The permanent resident must return to the U.S. prior to the expiration of the Reentry Permit; however one may apply for a second Reentry Permit.

A Reentry Permit does not guarantee a person’s readmission to the U.S. but it does certify that the person’s trip abroad has been determined by USCIS to be temporary, i.e. that the person is maintaining permanent resident status despite the lengthy absence. Therefore, a permanent resident possessing a valid Reentry Permit cannot be deemed to have abandoned status based solely on the duration of an absence while the permit is valid. Other factors considered by the USCIS in determining an abandonment of permanent residence include:

Length of absence;
Purpose of a person’s departure;
Existence of facts indicating a fixed termination date for the stay abroad;
Continued filing of U.S. tax returns as a U.S. resident;
Maintaining close ties with the U.S., for example maintaining ownership of property, bank accounts, credit cards, driver’s license;
Location of person’s close family members; and
Location and nature of the person’s job.

The fact that a person returns to the United States once a year alone has no bearing on the person’s retention of lawful permanent resident status. In all cases, a person MUST file U.S. tax returns as a resident.

A valid Reentry Permit does not negate the effect of a lengthy absence on a person’s ability to meet the requirements for naturalization, which include prescribed periods of residence and physical presence in the U.S.

In order to become a naturalized citizen, a permanent resident must meet a number of requirements. Two of these requirements are that the person must hold permanent resident status continuously in the U.S. for a period of five years from the date of lawful admission, i.e. obtaining the green card, and the person must be physically present in the U.S. for at least half of that period (two and a half years for most people) prior to applying for naturalization.

If a person is physically absent from the United States for one year or more, then s/he cannot meet the continuous residence requirement for naturalization purposes. When continuous residence is broken, an individual must begin again to accumulate the five years continuity of residence upon his/her return to the US. One way to avoid this is to return to the U.S. every six months. For this reason, we recommend that you contact our office should you plan to travel outside of the United States for more than a three-month period.

All foreign nationals residing in the United States for more than thirty days, whether temporarily or permanently, must formally notify USCIS of any changes to their home address. All changes of home address must be mailed to a centralized USCIS address, via Form AR-11. USCIS expects that the Form AR-11 should be mailed within ten days of the change of home address to the USCIS address listed on the Form.

We strongly advise that all such forms be sent using US Certified Mail, and Return Receipt cards. Sending the AR-11 form via Certified Mail is the only way to prove that change-of-address notification was ted in a timely fashion.

I hope you find the above information helpful. If you have any questions or require further information, please do not hesitate to contact me directly.

Since we have completed the work for which BERRY, APPLEMAN & LEIDEN was retained, please be advised that we are now closing your file. Please do not hesitate to contact us at any time in the future, should have you have any further questions or concerns.

We wish you the best of luck in all future endeavors.
Regards,

YYYY

所有跟帖： 

• Question for you please! -elmo2006- ♀ (142 bytes) () 03/16/2007 postreply 11:43:13

• I got my passport stamped in the interview -daxia- ♂ (1450 bytes) () 03/16/2007 postreply 11:59:46

• Which local office? Thanks! -elmo2006- ♀ (91 bytes) () 03/16/2007 postreply 12:03:29

• Seattle, WA -daxia- ♂ (0 bytes) () 03/16/2007 postreply 12:07:59

• Thank you very much! -elmo2006- ♀ (0 bytes) () 03/16/2007 postreply 12:11:36

• 回複：I got my passport stamped in the interview -qgc- ♂ (90 bytes) () 03/16/2007 postreply 13:36:04

• 法律上確實沒有條文規定時間，但是如果沒有真正的永久性職位，這綠卡 -xiaobaitu- ♀ (218 bytes) () 03/16/2007 postreply 15:02:06