Changing employers after I-140

D

desi_bunda

Registered Users (C)
Hi

Company A has offered to process my GC based on pre-approved labour and they recently filed for my I-140 . They have said that I work for them after I get my EAD so I am currently working with my current company.

Since Company A has already filed my I-140 and will file I-1485 shortly and the fact that I need to join them after I get the EAD, is it ok if I quit my current company and take a job with Company C on a H1B till Company A gets my EAD and then join Company A ? Its just that I nay be laid off sometimne soon through my current company so was hoping to switch to a new company C on H1B till i get my EAD through Company A.

Can anyone tell me if the above is possible and legal

Thanks

Desi Bunda
 
you can but ..

Company C will have to apply for an H1 transfer and pay all the transfer fees (my company paid $1100 in 2001) (you can pay the attorney fees). You can start working for company C as soon as you get the receipt notice for the transfer.

It sounds unethical to me to make a company pay this much for a short period of 3 months it takes to get the EAD. If company C is aware of your plans and is ok with the deal, you are in the clear!

Disclaimer: I am not an attorney - use the above information at your own risk!
 
Hi

Thanks for the reply. My major concern is that if I start to work with Company C by just getting the receipt number of my H1B (not the approval notice ) and down the road after 3-4 months when I get my EAD (from Company A) then can I still have Company A do my H1B transfer from Company C legally . I want to use my H1B till my I-140 has been approved so even though Company A's EAD has arrived I would still like to work on H1B for them .

The problem here being is that since it takes almost 4-6 months nowdays to get the H1B approval (not the receipt number). Is it legal for me to have company A transfer my h1b (with Company C) by just having the receipt number ? Or do they need the full approval notice .

please advise

thanks

desi
 
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