I have worked for Company (A) for two years and recently (2 months back) they have filed my Labor (First step in GC) and it is still under pending status. In the mean time I have got a Full time opportunity with company (B) and I took that opportunity.
Now, The Questions are (Hoping the Labor gets approval) :
1) Since I am no more working with Company (A), Will they still be able to file my I 140 (Under Future employment basis) ? Because I have no intention to stop the GC processing with my Company (A) .
2) If YES, What would be the consequences ?
3) I had a conversation with the employer of company (A) and he is saying that he had no intention to revoke my labor or stop the GC processing and also he said even if he files my I 140 based on Future employment basis, there are chances of getting audited based on the following reason:
We (Company (A)) filed your Labor (1st step of GC) when you are on our pay roll and now you moved out of out company (A) and no longer on our pay roll, USCIS might think you joined Company (A) just for GC processing.
4) Any other suggestions which makes my process of applying I 140 easy ?