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| GC for candidate outside of USA |
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When a US-based employer sponsors a green card for a candidate who is outside of USA for the duration of the GC process, then when the GC gets approved:
1. What is the candidate's obligation to the sponsoring employer? >> Join him soon.
2. Does the candidate have to enter US immediately? >> 'Soon' should not be considered 'Immediately/instantly'. But within a 'reasonable' amount of time mutually agreed between the employer and the employee (But certainly should not be outside of the limits of questionability - undefined)
3. Does the candidate have to start working for the sponsoring employer immediately? >> Yes, immediately after entering the US (He she can join and take a 2 month vacation), unless a vacation or joining date has been agreed to between the two parties.
4. How long does the candidate have to work for the sponsoring employer? >> Indefinitely - would recommend at least 6m - but it is not stated anywhere. Employment is at will, you should be able to state (& provide circumstancial evidence for) the reasons why you left, if questioned.
Hope it helps.
Q A -> I am assuming the candidate had a consular processing.
Q B -> If intent of indefinite employment is evident, the person may be refused a visa or even denied admission. Has this been considered here, because your queries seemed to indicate in that direction (though not entirely true because you may be seeking to ensure safety of the employee in a new country - which is logical).
Best Wishes |
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