140 Approved with CP- Need to change job

S

srinimuth

Registered Users (C)
Hi Gurus,
I am in a fix. My I-140 is approved in February with CP option. Expect CP interview in 6 - 8 months. In the mean time, the Client company where I am working as Contractor is converting all the Contractors to Permanent employees and given the option for me to convert to Permanent employee or leave. The deadline given is 1st of May, 2004. I do not want to loose this offer for Permanent position.
I wish to do a H1 transfer and join my Client as Permanent employee, continuing the GC process with my present company.
Is it possible to do this? What are the details I need to work with my Present Company for this?

After completing the CP interview, can I come back and continue to work in the Permanent position (or) do I need to work for my present Company for some time (how long ?) before making a change?
In case I must work for my Present company after CP interview, to satisfy this, can I take leave for a month in my Permanent job, go work for the present company for a month and then continue with the Permanent position?
Your suggestions will be highly appreciated....Thanks.
 
I wish to do a H1 transfer and join my Client as Permanent employee, continuing the GC process with my present company.
Is it possible to do this? What are the details I need to work with my Present Company for this?

>> I don't think it is possible. You have to be with your GC company if you choose consular processing.. and go to CP consulate with all the documents(paystubs, employment letter, etc) related to the present GC company and not client company..


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I may be wrong, confirm with others.
 
Take your pick.
Employment with the client and start GC FRESH
or
Stick with the present company till CP interview is over and
few months after that.
 
I think their i still hpe for you.

If your current emplyer agrees to support you. The logic behind is Green Card is for future employment (even if you take CP route).

Lots of it depends how your lawyer has filed the papers.

One could be working with compnay x on h1b in usa and company y could be sponsoring his Green Card for future employment and he could take CP route.

But as I said lots of it depend how your company filed the papers (i.e. as current employee or as a future employee)

I would cross verify this argument with couple of lawyers before pluging into this. Moreover this is more risky as in case your GC gets denied in your interview you lose everything without even a chance of appeal


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On the flip side convert I-140 CP to normal I-140, file 485, file EAD (which normally takes 60 days) and switch employer on basis of EAD when approved.

In this situation also your present employer has to support you in sense that he does not withdraw your I-140 petition for 6 months.....

Hope this helps
 
I think it is not possible in case of CP. While in CP, you should be working with the sponser employer, as you should produce a lot of paperwork from the company at the overseas consulate.

My advise is to somehow manage with the client company till you get stamped at the overseas consulate.
 
Similar siutation!

My 140 was approved with CP option and my current company was considering layoffs. I changed from CP to 485 and used AC21 to change jobs. My lawyer told me that there was no way to continue with CP if I was not with the sponsoring firm.
sdd
 
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