Can I join company

B

bharsath

New Member
I am working for Company A on EAD and it is through Company A that I have applied my Labor, I140 and I485. It has been more than 1 year since I have my EAD.

Meanwhile, Company B company wants to me to work for them using my EAD and this would be beneficial for me as I'll be paid more.

Company B company has only one employee working on H1 and all others do direct subcontracting.
Now that I'm waiting for my I485 approval, is it safe to join Company B. Will my I485 be denied if I join Company B as it has no green cards and not many

H1's. Does the company record like H1's, Green Cards, etc. really matter in I485 approval process? Also, if I do join Company B, do I need to apply for AC21? Please do let me know.
 
bharsath said:
I am working for Company A on EAD and it is through Company A that I have applied my Labor, I140 and I485. It has been more than 1 year since I have my EAD.

Meanwhile, Company B company wants to me to work for them using my EAD and this would be beneficial for me as I'll be paid more.

Company B company has only one employee working on H1 and all others do direct subcontracting.
Now that I'm waiting for my I485 approval, is it safe to join Company B. Will my I485 be denied if I join Company B as it has no green cards and not many

H1's. Does the company record like H1's, Green Cards, etc. really matter in I485 approval process? Also, if I do join Company B, do I need to apply for AC21? Please do let me know.
Click to expand...

If your I-140 is approved and I-485 is pending more than 180 days and B is ready to give you same/similar permanent job offer letter to invoke AC21 with pending I-485 then you can join B.USCIS can also ask the ability to pay documents from B and B should be ready to provide the documents if asked by USCIS.
 
bharsath said:
I am working for Company A on EAD and it is through Company A that I have applied my Labor, I140 and I485. It has been more than 1 year since I have my EAD.

Meanwhile, Company B company wants to me to work for them using my EAD and this would be beneficial for me as I'll be paid more.

Company B company has only one employee working on H1 and all others do direct subcontracting.
Now that I'm waiting for my I485 approval, is it safe to join Company B. Will my I485 be denied if I join Company B as it has no green cards and not many

H1's. Does the company record like H1's, Green Cards, etc. really matter in I485 approval process? Also, if I do join Company B, do I need to apply for AC21? Please do let me know.
Click to expand...
If the job is same/similar to your job with A, you will be eligible for AC21 if you join them as an employee and not a subcontractor but you have other problems to worry about like whether this company B will still be around until your GC is approved and how much they will bench you.

USCIS won't be concerned about how many H1 or green card employees company B has, they'll be concerned about their revenue and viability.
 
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This is kind of a long term job that would last another one and half years. Hopefully I might be getting my GC by then. Thanks much for ur reply. By the way no company can revoke I140 after 180 days and I have good terms with my company. Was with them for 5 years.
 
Is this really the truth? I dont think so ..Gurus , please confirm if that is the case i would really appreciate USCIS.... :)
bharsath said:
By the way no company can revoke I140 after 180 days and I have good terms with my company. Was with them for 5 years.
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Company A can revoke I-140 anytime.

If your I-485 was pending by more than 180 days, you are safe.

However, I have read earlier posts where people got 485 declined because 140 was revoked even after 180 days. you can appeal this and have your 485 reinstated to pending state.
 
vj66321 said:
Company A can revoke I-140 anytime.

If your I-485 was pending by more than 180 days, you are safe.
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Not quite. To be safe from I-140 revocation, you also have to obtain a job or job offer that is "same or similar" to the original GC job.
 
ginnu said:
An approved I-140 can be revoked. Employer can request to revoke I-140 any time.
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Thanks Ginnu,

so it doesnt matter if employer is revoking I140 you are back to square one but as you would do H1 transfer you are legal to stay in US.
 
navik_pathak said:
Thanks Ginnu,

so it doesnt matter if employer is revoking I140 you are back to square one but as you would do H1 transfer you are legal to stay in US.
Click to expand...

if your I-140 is approved and I-485 is pending more than 180 days that makes you eligible for AC21. if I-140 is revoked in above situation after I-485 was pending more than 180 days then you can still invoke AC21 by sending new employer same/similar job offer letter.

you can do H1 transfer and H1, I-140 , I-485 are Different petitions.
 
I485

Guys,

I took an appointment with an attorney and this is what the attorney said.

1. Have my Labor, 140, 485 applied through company A. Can I switch from company A to company B on EAD.

Yes. If you have been working for company A for 180 days since you have got your EAD, then you can join any other company. However, company A can always revoke your I140 and if this happens then your 485 will be denied. However, you can send necessary documents to get your 485 back to pending and stay legally. Attorney has also suggested that AC21 should be applied and if by any chance AC21 is denied, then you are out of status. He said AC21 is risky and this has to be decided by the person. Not all AC21's are rejected, but it seems a few good numbers are getting rejected. If I140 is revoked, then there is a high chance that AC21 will be denied.

2. If I use AC21, does the title and position should be same?

No. Title could be different, but the position and duties should be the same.

3. My priority date is sep 2005 on EB2. He said it will be quite a while for me to get GC.

Hope this helps.
 
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