Filling with current employer, even though new H1-B was issued

[codhubiv]

Hey,

I applied for a new H1-B, for a new employer. I returned to my place or origin, had the new visa stamped in my passport at the embassy, and re-entered the US on that VISA.

I continued to work for my original H1-B sponsor, which I do now, and the original H1-B has not been cancelled or revoked in any way.


Now the company immigration lawyer has told me I can now apply for a green card, and is asking for all my current documentation in order to file it (I-94's, visa's etc...).


Is there a way I can file with the company lawyer WITHOUT them finding out I was going to change employer (which obviously they won't be too pleased about)?

Do I need to provide them with the newest VISA, seeing as the one I plan to file the GC via, is still valid, in date, just not the latest?

Is it likely they're need to see BOTH sides of the I-94's to file the application? (as the number is on the front, yet on the back they write the company name, which in this case won't match).



I'm wondering if I can get away with them doing it, or I should make my excuses, hire my own lawyer and file that way. Although that's less preferable as I'd be out-of-pocket.



Thanks,

 

[Jackolantern]

So you entered with a visa for company B, but went to work for company A without working for B after entering with B's visa?

If that's what you did, your green card will be rejected for immigration fraud ... unless it's still a short time after you entered with the visa and you decide to go and work for company B before it's too late (I think you're allowed to enter the US up to 30 days (or 10 days?) before you start working for the employer), or employer B withdrew the job offer after you entered the US.

 

[codhubiv]

So you entered with a visa for company B, but went to work for company A without working for B after entering with B's visa?

If that's what you did, your green card will be rejected for immigration fraud ... unless it's still a short time after you entered with the visa and you decide to go and work for company B before it's too late (I think you're allowed to enter the US up to 30 days before you start working for the employer), or employer B withdrew the job offer after you entered the US.

Both visas remain valid. It's not fraud to enter on a different visa to the one you're using. For example if you get a new H1-B, you are not required to re-enter the country, even though you entered on a completely different.

My question is not about the legality or validity of entering on different visa's. That I have already checked into thoroughly.

 

[Jackolantern]

For example if you get a new H1-B, you are not required to re-enter the country, even though you entered on a completely different.

That's a different situation. In the example, you enter with a visa for X, then work for X, then change to Y within the US. That's OK because you already satisfied the intent of the visa by working for X after entering with the X visa.

But in your situation, you entered with the visa for B and never worked for B after entering, and apparently did that without telling them you're only going to work for A (so the officer wrote B on the I-94).

As far as your I-94 usage is concerned, although the lawyer is asking for it now, they don't actually need it for the labor certification or I-140 stage. But it will be needed when you file the I-485 later; you can exit and reenter the US with a new I-94 and give that to them.