Dear Sophie: How long do I have to stay at my current job after getting my green card?

Sophie Alcorn Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and the 2019 Global Law Experts Awards "California Law Firm of the Year for Entrepreneur Immigration Services". She connects people with businesses and opportunities that expand their lives.

More posts from this contributor Dear Sophie: Should the co-founders of OPT, STEM OPT sue the H-1Bs? Dear Sophie: What are the student and work visa processes for graduates?

Here is another edition of "Dear Sophie", the advice column that answers immigration-related questions about working in tech companies.

“Your questions are vital to spreading the knowledge that empowers people around the world to rise beyond borders and pursue their dreams,” says Silicon Valley immigration attorney Sophie Alcorn . "Whether you're in HR, founding, or looking for a job in Silicon Valley, I'd love to answer your questions in my next column."

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Dear Sophie,

I'm currently a software engineer on an H-1B. My employer sponsored me for an EB-2 green card and my application was approved, but I am still awaiting a decision on my application for permanent residence.

I want to leave my employer and do something completely different. Can I transfer my green card to another employer in a different field and position, or do I have to keep it in my current position until I receive my green card?

If I have to hold on, how long do I have to stay with my current employer after I get my green card?

— Desire for change

Dear Envy,

As my dad (also an immigration lawyer) always said, here's one of those classic lawyer answers: "It depends."

It's so exciting when a company is ready to sponsor you for a green card, but things can change quickly, especially in the Valley. The past two years have been a time of introspection and reassessment. Thank you for contacting us. Here is an overview of some of the general options.

Image credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

The American Competitiveness in the Twenty-First Century Act (AC21) allows certain professionals to transfer their employment-sponsored green card process from one original employer to another without giving up their "place in line".

It has various conditions, such as:

The