Trying to get GC from a different company (not current employer)

C

chiki12345

Registered Users (C)
Posting the question here as got no response in the 140/ 485 thread

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Background:

Came to US on H1B in Aug 2000, will complete 6 years in Aug 2006 ( zero
days to recapture). Currently, working for employer 'A', having a Labor application (EB3 , RIR , PD Sept. 2003) pending at Dallas Backlog center. Plan to continue extending H1 for 7 , 8 ( who knows .. ) how many years.

Thinking of filing an EB2 PERM with company 'B' and then I-140 , I-485 (of course at my cost). Not planning an H1 transfer
to campany 'B' as I am in the last year of my 6 year H1 quota. Taking worst case scenario (EB2 retrogession), I think I
should be able to file 485 in Oct 2006.

Is it OK to take this route for GC processing, what are the risks associated with it.

Questions:
(1) When does it becomes 'mandatory' to join company 'B', to avoid hasseles.
(2) When is it 'advisable' to join company 'B', to avoid hasseles.
(3) When is it 'safe' to join company 'B', to avoid hasseles.


Any advice, input will be helpful.
Thanks.
 
(1) Upon approval of I-485
(2) There is no 'good' or 'bad' since GC is for future employment. Some say it might be seen advantageous if you already work for company B. The biggest issue (technically) will be for you to have B file GC while you are not working for them. Companies usually don't like to do that.
(3) What do you mean with 'safe'? Answering (1) & (2) should give enough info.

chiki12345 said:
Questions:
(1) When does it becomes 'mandatory' to join company 'B', to avoid hasseles.
(2) When is it 'advisable' to join company 'B', to avoid hasseles.
(3) When is it 'safe' to join company 'B', to avoid hasseles.
Click to expand...
 
I did some research on this subject and following are my observations.

1- it is possible to file I-140 and 485. But USCIS may ask for the intent. You are in US and working for different company for the similar job. If new company is smaller than current company then it is more evident. Labor substation is being stopped for this cause. Because of this issue, I opted out of this option.

2- Question of ability to pay. If you are working for the company this is no problem.

3- In case there is no problem raised by USCIS. You are good to go. But for long-term stay in US, I will join the company for six month after approval of I-140 but before approval of I-485. Six month comes from American Competitiveness in the Twenty-First Century Act of 2000.


chiki12345 said:
Posting the question here as got no response in the 140/ 485 thread

------------------------------------------------------------------------

Background:

Came to US on H1B in Aug 2000, will complete 6 years in Aug 2006 ( zero
days to recapture). Currently, working for employer 'A', having a Labor application (EB3 , RIR , PD Sept. 2003) pending at Dallas Backlog center. Plan to continue extending H1 for 7 , 8 ( who knows .. ) how many years.

Thinking of filing an EB2 PERM with company 'B' and then I-140 , I-485 (of course at my cost). Not planning an H1 transfer
to campany 'B' as I am in the last year of my 6 year H1 quota. Taking worst case scenario (EB2 retrogession), I think I
should be able to file 485 in Oct 2006.

Is it OK to take this route for GC processing, what are the risks associated with it.

Questions:
(1) When does it becomes 'mandatory' to join company 'B', to avoid hasseles.
(2) When is it 'advisable' to join company 'B', to avoid hasseles.
(3) When is it 'safe' to join company 'B', to avoid hasseles.


Any advice, input will be helpful.
Thanks.
Click to expand...
 
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